- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
The prudent and wise course of action would be to get an extension on same category and apply for ILR Once 24 months are elapsed from the conviction date.Cherryberry800 wrote:MY PEO EXPERIENCE IN DETAIL
I went for my ILR PEO appointment yesterday on 22/01/2013 to Birmingham Solihull. At the initial checks before paying for the fee my application is been refused as I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20 as I was involved in an accident with a motorbike and forgot to attend the court date and judge made a decision in my absence.
The Immigration officer check my passports and visas first and writing down all the details against the points claimed as soon as he turned to the conviction page of the application form he asked that is this a fixed penalty or given by court
I told him honestly that its been given by court, he then went back to ask his colleagues and came back just after a one minute not more then that and told me that I need to wait for two years until the conviction become spent because if I apply for ILR now its most likely that it will be rejected.
I have been told by him that I can still apply for the TIER 1 extension.
I need urgent help and guidance in this regard and is there any possibility for me to still get an ILR while having these points on my licence.
Keeping in mind that I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20.
Date of Offence 20/03/2011
Date of Conviction 04/11/2011
Date of Sentence 15/05/2012
Offence Code: CU 20
I had a enhanced CRB done in August last year which is all clear and the date of sentence was 3 months before my CRB check so logically if theres anything wrong then it should have shown in the enhanced CRB.
I have seen people who have done every wrong thing under the sun and still get their ILR accepte
Kindly please advice the appropriate action to be taken asap as my visa is expiring on 08/02/2013.
Read the new rules stated in the 'New Criminal Conviction Threshold' in the sticky note. Rehab Act has been scrapped.D4109125 wrote:Prima facie a court fine would become spent after 5 years. You need to see a immigration solicitor and confirm when it becomes spent under rehabilitation of offenders act. When it becomes spent you would be eligible providing no more offences.
Sorry, my mistake. I think it's therefore necessary for the op to write to the police and request a sar for information held on the pnc as well as a disclosure Scotland certificate. The wording states it must be recorded on a personals criminal record in order to be considered relevant.Gagan1986 wrote:Read the new rules stated in the 'New Criminal Conviction Threshold' in the sticky note. Rehab Act has been scrapped.D4109125 wrote:Prima facie a court fine would become spent after 5 years. You need to see a immigration solicitor and confirm when it becomes spent under rehabilitation of offenders act. When it becomes spent you would be eligible providing no more offences.
This is really odd that your offence is not recorded and your ilr application is refused. According to the new criminality threshold, your application should not be refused due to an offence which is not recorded. I therefore suggest you request a CRB check now to see whether the offence appears.Cherryberry800 wrote:MY PEO EXPERIENCE IN DETAIL
I went for my ILR PEO appointment yesterday on 22/01/2013 to Birmingham Solihull. At the initial checks before paying for the fee my application is been refused as I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20 as I was involved in an accident with a motorbike and forgot to attend the court date and judge made a decision in my absence.
The Immigration officer check my passports and visas first and writing down all the details against the points claimed as soon as he turned to the conviction page of the application form he asked that is this a fixed penalty or given by court
I told him honestly that its been given by court, he then went back to ask his colleagues and came back just after a one minute not more then that and told me that I need to wait for two years until the conviction become spent because if I apply for ILR now its most likely that it will be rejected.
I have been told by him that I can still apply for the TIER 1 extension.
I need urgent help and guidance in this regard and is there any possibility for me to still get an ILR while having these points on my licence.
Keeping in mind that I have three penalty points on my licence sentenced by court last year on 15/05/2012 and fined £570 offence code CU20.
Date of Offence 20/03/2011
Date of Conviction 04/11/2011
Date of Sentence 15/05/2012
Offence Code: CU 20
I had a enhanced CRB done in August last year which is all clear and the date of sentence was 3 months before my CRB check so logically if theres anything wrong then it should have shown in the enhanced CRB.
I have seen people who have done every wrong thing under the sun and still get their ILR accepted.
Kindly please advice the appropriate action to be taken asap as my visa is expiring on 08/02/2013.
You don't need to mention any FPN! Only fines and convictions through courtsarvar wrote:sorry to hear about your case but as you said it depends on case worker.
I also got 3 points on my license along with £60 fine for speeding. I'm willing to show it in the form, however section 7.2 clearly say not to include FPN for speeding.
And section 7.4 for is not related with traffic offence. So where i should mention that I've got 3 FPN for speeding.
your early response would be highly appreciated, as i've got appointment at PEO in Croydon on 21/2.
Many Thanks.
Hi,Cherryberry800, I am sorry for your situation.Cherryberry800 wrote:The relevant paragraph is paragraph 322 (IC)(IV) of the immigration rules:
(1C) where the person is seeking indefinite leave to enter or remain:
(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
Thats the paragraph from Immigration rules and point number is more connected with my case but keeping in mind I didnt get any non custodial sentence or any out of court disposal and nothing is been recorded on my CRB.
Then how come that immigration officer refused my application without properly looking at it and gave his verdict by asking his seniors in a matter of one mintue and thats it.
Its all very confusing and frustating, dont know what to do?
Shall I take a risk by sending it by post or ring the court first and ask them if it was a fixed penalty offence?
Or Apply for another enhanced CRB and SAC report?