drink driving, court fines and 2013 ILR success

[legit2011]

@maxflip50
if you have an unspent conviction (dr10) it maybe a diffcult one. however senior members maybe able to point you in the right direction. I do have the dr10 however it should hav been spent (after 5yrs) in feb, I have applied to disclosure scotland and also PNC checks. I am yet to receive the reports though. If they do not come out clean I guess I will need an Immigration solicitor to confirm if I stand any ground for refusal based on the fact that it is not withing the 24months celling as per UKBA, otherwise I will just have to wait.

[Gagan1986]

@maxflip50
if you have an unspent conviction (dr10) it maybe a diffcult one. however senior members maybe able to point you in the right direction. I do have the dr10 however it should hav been spent (after 5yrs) in feb, I have applied to disclosure scotland and also PNC checks. I am yet to receive the reports though. If they do not come out clean I guess I will need an Immigration solicitor to confirm if I stand any ground for refusal based on the fact that it is not withing the 24months celling as per UKBA, otherwise I will just have to wait.

In your case, even if your reports come out clean not sure how solicitors will help??

Rehab act rule has been being scrapped and it's more 2 years old, you can go ahead and apply(if you meet other requirements)

[legit2011]

@Gagan1986
Sorry but am kinda confused now.....do you mean even if my report comes out clean that I will still be refused???:

[Gagan1986]

I meant totally the opposite way. Irrespective if reports come clean or not you can go ahead and apply. You were talking about solicitors, I was saying that if report comes out clean how will solicitors help?

Either way you to declare it on the form. Your offence is about 4-5 years old now and the requirement is 2 years. Do you meet all other requirements?

[legit2011]

ohhh..gees thanks I was almost going gaga..thanks for the clarification..

Yes I meet other requirements, however I noticed in the continous period requirement thingy that you mst not spend more than 180days in a calender year.
The nature of my job requires trips to other countries and in an instance I have close to 170days in today in a particular year. Will that be an issue?. I do hv a letter from my employers stating that they are all business trips.

Secondly, what will be my partner's status if she doesnt go for ILR with me and does so at a later date, say in 2months time. (she is out of the country just now). she is presently on Tier 2 dependant visa with expiration in 2015.

[Gagan1986]

Both the questions stated, answer to both of them is yes. You need to get a letter from your employer(tier2/WP holder ) an your wife can apply at a later stage. Good luck with your application whenever you wish to apply

[legit2011]

many thanks, all i need do is wait for my PNC and disclosure scotland to arrive at the post....with no convictions and thats me good to go

[Gagan1986]

many thanks, all i need do is wait for my PNC and disclosure scotland to arrive at the post....with no convictions and thats me good to go

All the best. Do declare it though on the Set O form and attach your reports to it.

[legit2011]

Thanks alot Gagan1986...I will sure do..

[legit2011]

@gagan
Just to let you kow that my disclosure scotland came out clean
Now the big concern which has been bothering me but would like to reconfirm with senior members.

My wife will not be applying with me for ILR this month, she is presently my dependant on my Tier 2 visa, what will be her status if I have to apply without her just now?. Actually the plan is for her to apply at a later date....(after a month as she is away from the UK just now).

Secondly assuming I am granted my ILR status will I be able to travel out of the UK on a business trip two days afterwards or will I have to wait for my ILR BRP card to arrive in the post before I can travel? Will they (UKBA) collect my Tier 2 BRP card at the PEO if granted ILR status??

I need advise here because my employers are talking about a possible trip two days after my ILR PEO appointment

[Gagan1986]

@gagan
Just to let you kow that my disclosure scotland came out clean
Now the big concern which has been bothering me but would like to reconfirm with senior members.

My wife will not be applying with me for ILR this month, she is presently my dependant on my Tier 2 visa, what will be her status if I have to apply without her just now?. Actually the plan is for her to apply at a later date....(after a month as she is away from the UK just now).

Secondly assuming I am granted my ILR status will I be able to travel out of the UK on a business trip two days afterwards or will I have to wait for my ILR BRP card to arrive in the post before I can travel? Will they (UKBA) collect my Tier 2 BRP card at the PEO if granted ILR status??

I need advise here because my employers are talking about a possible trip two days after my ILR PEO appointment

You can apply alone and her dependant visa will stay valid until its expiry.

I will not advise you to book anything until your BRP for ILR arrives. It says on the approval letter itself that do not make any travel arrangements until your BRP arrives. Either get an appointment a week before or postpone your business trip.

[legit2011]

Thanks.
I just discussed that with my manager and my ILR comes first...

[legit2011]

Last Minute Check:
I have the following Documentation in preparation for my ILR appointment, Kindly advise if I have missed out anything.

Original letter from my employers stating my present salary and associated SOC codes (c/w photocopies)
3months payslips - letter headed (c/w photocopies)
Original bank statemensts for the past 3months (c/w photcopies)
Original letter from my employers stating reason fro my absences in the UK as per business trips. (c/w photocopies)
Original absence sheet (template from the forum) endorsed by my employers
5 years P60 (c/w photocopies) endorsd by my employers
NI card (c/w photocopies)
BRP card (c/w photocopies)
Passport Document , expired and recent (c/w photocopies of all entry, exit stamps, visas to other countries and bio data pages)
Basic Disclosure (c/w photcopies)
Original Past Home Office Letters (c/w photocopies)
Original Mortgage Documents (c/w photocopies) just in case
Original Life in the UK test cert (c/w photocopies)
Drivers Licence (c/w photocopies) just incase
2 coloured passport photographs as per UKBA standard.

Will there be any need for a utility bill?. I am applying as qaulifying Tier 2 applicant?

Any last minute advice will be appreciated. I am applying as a single applicant.

[Gagan1986]

Are you applying with dependants? If not council tax letter is not required.

Make sure the employer letter states that you are still required to work with them in present and future(refer to sticky note template)

Highlight the salaries on your bank statements just to make CW's life a bit easier.

Rest all look fine

[legit2011]

@gagan, thanks alot,......that was captured...and also nice tip for the salary thingy

[legit2011]

one more thing on the Section 5.5 page 11 of 55 of the SET(O) form

SOC code (or nearest applicable which best describes
your employment)...I know this

Current rate of Pay (as stated in the Codes of Practice
– hourly rate or annual salary) Per hour (Do I state my present salary per hour here???)

Current rate of Pay (as stated in the Codes of Practice Per annum
– hourly rate or annual salary) per annum (Do I state my salary per annum here???)
Number of hours this salary is based on (I know this)

Number of weekly hours (I know this).

please see the items in bold italics...any assistance will be apprecaited....please

[legit2011]

I have been a member of this forum since 2011, I have enjoyed reading other people’s experiences, concerns, queries, the invaluable responses/clarification and also the kind word of advice and support by other members. I must say this forum is one of its kinds, thanks to everyone.

If you read from the beginning of this post you will notice that I have been long overdue for ILR.

I had my ILR PEO appointment at the Glasgow office on the 22nd of March 2013 @12.10pm. I must say that this day has gone into my Guinness Book of Record.

I had to travel close to 3hrs to get to Glasgow having left home at 7am, the weather was really bad and snow winds. I never knew I was going to make it on time because of the weather condition and most cars were already ‘having a nap’ in the snow, some had skidded off the road and the police, fire engines and snow mowers had some roads blocked. It was crazy!

Anyway I arrive in Glasgow at 10.30am packed very close to the PEO and completed the SET(O) form in my car…(please note I had already gone through the form at home and I knew the info/details I needed and I had them handy.

Documents
• Completely filled SET(O) form
• Passport photographs (2)
• Tier 2 BRP
• Employers letter confirming salary and SOC codes and that I am still needed in the job
• 3months payslips
• 3months bank statements
• 5yeasr P60s
• Employers letter confirming salary and SOC codes and that I am still needed in the job
• Spreadsheet with absence period (template from the sticky notes)
• Past home office letters
• Passports including expired one
• Mortgage documents
• Disclosure Scotland cert
• LIUK test cert
• NI card (just incase)
• Drivers License (just incase)

I also had photocopies of all the docs listed above

At 11.30am I walked up to the PEO, the security man at the door asked for my appointment print out, I gave it to him, he had a look and waved me in then the airport style security checks. My phones were tagged, kept at security and I was given a tag number for my phones, this took less than 7mins. I got directed to a counter where a polite lady confirmed my name, gave me a ticket number and asked me to take a seat while my number is called.

At 12:20pm my number got called and I walked up to the counter, I met a serious looking lady and I felt what a luck ..(my heart skipped a beat). She asked for my documents and I handed them over, she did some entries into her computer and after what seemed like ages she said she doesn’t see anything wrong with the application however a CW will need to go through it and make a decision. I also handed her the photocopies. She gave me back my original mortgage documents and my current passport. She kept the expired one and when I asked she said she will have to closely look at the entry stamps on it…hmmm I wondered why, but didn’t bother

She also mentioned that she has seen that I declared my spent convictions which is fine and also provided a disclosure scotland cert (clean). She added that since it was almost lunch that it wouldn’t be until 2pm before my case will be decided. She asked me wait at my seat. This whole process took less than 20mins (12:40ish)

Well, I went back to my seat and up to this time everything was going smoothly. I then had a look round the room to see if I could recognize any of the faces in the room…but none. I got myself a bottle of plastic coke bottle and sat down, thinking of how I was going to drive 3hrs back with some good news:)

At 1.55pm I got called for biometrics and I felt, well things are still working out positively. This took about 10mins and the lady collected my current passport from me and said the CW will need it to decide my case. Then I started getting a bit concerned.

I went back to my seat and 30mins later a lady walked in with a sheet of paper and called out 3 numbers (mine was one of them) saying that they are quite busy just now and deciding our cases will take longer than expected…now my heart started to race…

At 2.50pm my number got called to the same counter where I first started and the same lady explained to me that it is taking long to decide my case because they need to carry out a 3rd party police check because of my convictions and its taking a long time to come through, hence I may be delayed till 5pm…that was when I felt well this is it, I have ‘failed’. Then my brain went into auto mode and I asked the lady why all that since I had my disclosure cert which is clean and that the conviction has been spent since it past 5yrs and according to the new rules there is no basis for refusal. She concurred with me but said they need to carry out their own checks as well. She asked me to go back and wait. By now I was fuming and worried at the same time.

At 3:10pm my number got called again to a different counter and this time a gentleman spoke to me and explained why the delay and handed me back my originals and said. They are still waiting for the checks to come through and he doesn’t see any reason to keep me any longer, however if it arrives later in the day he will call me and let me know the decision otherwise I will hear from him on Monday the 25th. I don’t think anyone can imagine what was going through my mind. I said the same thing I said to the other lady and he explained they also need to carry out their checks. He stressed that the need for the checks is because they need to confirm that what I have declared is what the police have in their system, otherwise he has already approved my ILR application, that was when he showed me the letter, however he will keep it until the check comes through, if the check comes out not to be clean then he will cancel it. He suggested that I can leave and wait for his phone call.
I left the PEO at 3:20pm got into my car, and got lost a couple of times trying to get to the M8, then my phone rang, thinking it’s the PEO, I pulled over, took the call and it was from SSE (Scottish southern energy). I almost cursed

To cut this story short, I got back home at about 6.30pm worried and I thought about all sorts of things, anyway on Monday @9.15am I got the call I have been waiting for and guess what…. the checks were clean and he said I will be receiving my ILR BRP in 7 -10working days…. So at the moment I am the happiest man…and that’s why the 22nd of March has gone into my book of records….

I will say a big thanks to everyone in this forum and especially those who took time at the last minute to check on my documentation and letter wordings (Gagan1986), big thank you and if anyone has any questions relating to this I will do my best to assist where I can.

[yanik85]

Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....

[Amber]

Dear members,
Thank you for taking time to read through my post and for sharing similar experiences and advising me on what to do since i feel like im already going through depression.

My Case
I have applied for Set(m) on the 19/06/13 through post and didnt received an akno letter
Money taken from my account on the 24/06/13 and surprisingly i received my biometrics letter on the 2/07/13 dated 28/06/13 biometrics not yet taken.
Background
I am married to a british citizen and i was given 2years BRP in 2011 and my brp expired yoday so i sent my application for ILR
My problem is the following... in december 2012 i went to court for a drink driving case where i pleaded not guilty reason being that i was fleing an attack from a group of individuals after a night out and although police witnessed this on Cctv they stoped me 600 meters from the incident and were quick to breathelized me and ship me to the police station without giving me the chance to explain anything.
In court the judges found that there were actually evidence of serious attacks and that i was not intending to drink drive but was fleeing from serious harm.
But he also considered that i had other options like shout for help etc so they said they will not ban me but gave me a fine 150 and 10points to "teach me a lesson" they never asked for my driving license and i went home and im paying the fine normally.
and surprisingly dvla is reporting my license to be clean
When i filed my ILR form i ticked the box NO to the question do you have any criminal conviction because at the time i didnt genuinely understand that a fine from court would be classified as such and naively i didnt do proper checks in regards to my application for settlement.
The fact that they sent me my biometrics letter so quickly triggered a deep paranoia in me. so after further researchs i found out that i can be done for deception and that my fine is a mandatory refusal
Guys i dont sleep no more and i have lost appetite and dont know what to do
I have called a few lawyers and got conflicting responses. some are saying i should write a letter to the home office to inform them ASAP before i take my biometrics since they will check my finger prints against police records..... others are saying to wait and see until they make a decision since i can make matters worse by sending a letter. and said if refusal i should just appeal so i should keep quiet wait and see ......and some are saying that they have already found a grounf for refusal thats why i got my biometrics letter so quick and they just want to get my biometrics so they can send me a refusal letter....

Please tell me what is what? also they all are keen to charge me a fee to represent me and money is not easy for me after spending so much just to apply.

Please can anyone advise me on what to do? if i send a letter explaining the circumstances of my offence and apoligize for not mentioning it would that make a difference? is it possible for the case worker to grant me ILR on discretionary basis?

please HELP!! If anyone has been in similiar situation please can you share your experience?

you might be saving a genuine applicant life please do not hesitate to respond would be very much appreciated...
Sorry for the long post and God bless you all....

Continue in your other thread

[surprised77]

I got my ILR with unspent conviction. I did mention it in the form though.

Goodluck!

[surprised77]

I got my ILR with unspent conviction. I did mention it in the form though.

Goodluck!

Unpent conviction was DR10.