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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
It means now rule of thumb isJohnM wrote:Yes, I think you are very close to the truth.
They must explain it much more clearly.
They also added to the confusion with the new rules when they say that it affects only when it created criminal record. It looks like it's not always the case. So if it was not recklessness and no record then it should be ok, if it was recklessness, even without record, then it may not be ok.
Sushdmehta wrote about new rules and criminal record here, he is an expert, but still I think maybe he forgot about recklessness they also look for. http://www.immigrationboards.com/viewtopic.php?t=120784
''Driving without due care and attention and Failure to Report'' will come under Recklessness??JohnM wrote:I don't think so. Many people got ILR with court fine and it also depends on what they treat as court issued FPN. So I think that the main ground for refusal for traffic offences is recklessness. So if you are fined for shoplifting then it's definitely 24 months wait, if it's traffic offence it should be about recklessness. But I would be glad if any guru could clarify it.
Yes it is AC 20.JohnM wrote:Failure to report may be an issue. But I'm not sure myself. Is it AC code?
That why I asked about recklessness but no expert confirmed so far.
Hi Cherryberry800,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.
Hi Bro,Cherryberry800 wrote:Morning Guys
Many thanks for your input and motivation, really appreciate it.
I have met few solicitors and barristers for last few days and everyone said to play it safe while sending application by post for Tier 1 extension as theres new law coming out soon in feburary or March in regards to duration of driving convictions that should be reduced to one year instead of 2 years for ILR applicants.
But I am still doubtfull about that as its UKBA and anything can happen there what if theres a new rule came out again which is more strict, then what?
I have two enhanced CRB's done last year one in may and one is august and both of them done by Security Industry Authority which is directly linked to UKBA
I work in Security Industry and my crbs are All clear nothing is been recorded, keeping in mind that my date of sentence was 15/05/2012 and my crbs are carried out after this date.
So if there was any issue then it should have reflect in my crbs.
Secondly I am considering to take a big risk and chance to send my ILR application by post my wife is my dependent as well so will send it by post and hopefully by the time the UKBA will go through my application which is more likely four to six months time minimum the law will be changed by then hopefully. Thats my assumption in my case dont take it as a verdict please.
Please I need your input and comments on this post asap and let me know if i will go ahead by sending my ILR application by post or not, Its a risky situation but I am willing to take this risk as I had enough of this visa extensions and all that crap.
So Kindly do reply honestly your efforts and inputs will be highly appreciated.
Thanks
If your ILR is rejected then they allow you for appeal but if your visa is not valid then they will not allow you for extension ( again my understanding). I have contacted one of the OISC and they suggest me that you can apply for extension without any issue rather than you manage points to qualify.Cherryberry800 wrote:Thanks for your input SIDD
If you have read my earlier posts then you should know that I have already been to PEO office on 22/01/2013 and they refused to take the application because of these points so I am just thinking to take a risk by sending it by post.
If I apply for ILR I can have the time to apply again for Tier 1 extension if my ILR get rejected but if my TIER 1 extension rejected then I have to book a flight back home or appeal against it.
So keep these in points in front of you....please advice.
Cherryberry800 wrote:MY ILR APPLICATION IS NOT REJECTED, ITS BEEN REFUSED BEFORE SUBMISSION AT THE PRE-CHECKS BEFORE PAYING FOR THE FEE
I DONT KNOW IF YOU HAVE BEEN TO PEO BIRMINGHAM EVER BUT THAT'S HOW THEY DEAL WITH CANDIDATES OVER THERE.
READ MY FULL PEO EXPERIENCE ABOVE AS IT WILL HELP YOU CLARIFY AND UNDERSTAND THE SITUATION I AM IN.
1-If you apply after May 2013 you will be out of the ''danger zone''May 11-May 13sthan wrote:Hi,
did any one got ILR with unspent conviction. We had our ILR on 13th and my husband has unusual situation.
He was cought my police two times in 2010 october and in 2011 may. He was driving with international licence while holding uk provisional licence and police gave FPN both times with 60 pounds fine (LC20 offence code).
He has 3 points in his counter part given in 2011 but when he called up the DVLA they said my husband has got 3 points in 2010 and not in 2011 but the counter part has points given in 2011.
So We are in confusion whether to mention it or not?Can any one please advice on this as we have ILR on 13th?
By the way i am the main applicant and my husband is dependent.
Shall we proceed for ILR or should we wait for some time?
Many thanks in advance,
Sri
Would defo recommend applying after May'13 as 24 months would have lapsed by thensthan wrote:Hi,
did any one got ILR with unspent conviction. We had our ILR on 13th and my husband has unusual situation.
He was cought my police two times in 2010 october and in 2011 may. He was driving with international licence while holding uk provisional licence and police gave FPN both times with 60 pounds fine (LC20 offence code).
He has 3 points in his counter part given in 2011 but when he called up the DVLA they said my husband has got 3 points in 2010 and not in 2011 but the counter part has points given in 2011.
So We are in confusion whether to mention it or not?Can any one please advice on this as we have ILR on 13th?
By the way i am the main applicant and my husband is dependent.
Shall we proceed for ILR or should we wait for some time?
Many thanks in advance,
Sri
elf_fm wrote:there is another case here with some good news
http://www.immigrationboards.com/viewto ... &view=next
it might be a good idea to try other PEO place
Cherryberry800 wrote:MY ILR APPLICATION IS NOT REJECTED, ITS BEEN REFUSED BEFORE SUBMISSION AT THE PRE-CHECKS BEFORE PAYING FOR THE FEE
I DONT KNOW IF YOU HAVE BEEN TO PEO BIRMINGHAM EVER BUT THAT'S HOW THEY DEAL WITH CANDIDATES OVER THERE.
READ MY FULL PEO EXPERIENCE ABOVE AS IT WILL HELP YOU CLARIFY AND UNDERSTAND THE SITUATION I AM IN.
Is the conviction recorded on your criminal record? Ask your local police station for a SAR for information held on the PNC.rkganesna wrote:Hi,
Even my case is the same . Got cd10 on my driving .Can I apply for ILR?
Court fined- 500 points
Ban for 2 months
No points on my Driving licence.
date convicted Oct 10
Court hearing Dec 2012
Anyone suggest on my case pls
Congratulations ragsk!! Enjoy ILR.ragsk wrote:Hi All,
Thank you so much for all of your inputs.
Happy to share the news that I have got my ILR today.
12:10 PEO Appointment
12:15 Biometric Done
12:20 Case Registration
12:30 waiting for Case Consideration
15:00 Case Under Consideration
15:30 Collected my Documents
CD10 didn't effect my ILR.
Rags
Amber what is SAR? I have LC20 on my licese. Did Basic disclsoure check and requested for ACPO.. PCN check. Will that be sufficient ?D4109125 wrote:Is the conviction recorded on your criminal record? Ask your local police station for a SAR for information held on the PNC.rkganesna wrote:Hi,
Even my case is the same . Got cd10 on my driving .Can I apply for ILR?
Court fined- 500 points
Ban for 2 months
No points on my Driving licence.
date convicted Oct 10
Court hearing Dec 2012
Anyone suggest on my case pls