Traffic Offence if ignored at ILR stage?

[murad]

Hello

I am on tier 1 Entrepreneur visa and my 3 years are up. I am director of a successful company that employed 104 people before I joined in May 2013. Since my investment of 250k the company employs 160 people. Therefore I should apply for ILR via 'Accelerated' route in 3 years. There are 2 issues I need help with:

1. I joined in May 2013, company creating 50 extra employees (needed only 10 extra employment created) But I am applying for ILR after 9 months and employment created requires 12 months working ? How do I resolve this ? All extra employment created will continue for sure in future for company operations.

2. I got 6 points on Traffic offence, and court fine. in 2012. Are there any 'Precedence'....... that UKBA caseworkers have overlooked the traffic offences at ILR applications. That I could quote in my application.

NOTE: My application Otherwise Fully complies with the 'accelerated route 3 year ILR' for tier 1 entrepreneurs

ALL HELP WILL BE MUCH APPRECIATED

[Ameer_zyzom]

Re: Criminal conviction or motoring offence
by Amber_ » Tue Jan 28, 2014 8:41 pm

If you were convicted at Court (or plead guilty to the magistrates by post) then you have a conviction which must be declared.

[murad]

Thank you

Yes I will declare, CAN I HAVE A PRECEDENT THAT THE CASEWORKER / UKBA HAVE IGNORED A TRAFFIC OFFENSE WHEN DECIDING AN ILR APPLICATION....................Specially that my entrepreneur status has created FAR in excess of jobs for UK settled workers. 50 more employment when I only needed to create 10.
That ACTUALLY assisted the UK economy as a Tier 1 Entrepreneur????

Pls assist

[Ameer_zyzom]

Should be ok after 24 months from date of conviction read the last
point (iv) from general ground of refusal
(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 prior to the date on which the application is decided, 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.

[murad]

Thanks Ameer,

I understand in some cases at ILR application The UKBA caseworkers have ignored the traffic offense even if 24 months have not passed, and approved the ILR.

Is there an example of this ? in your knowledge ?

If so I would appreciate the info of this example that I quote in my application. That way I can argue in court also if my ILR application is refused on the traffic offense reason.

Because I 100% fulfill All other conditions

Many Thanks again.

[Ameer_zyzom]

What was the offence? And the date of conviction

[murad]

Driving while talking on mobile phone and without insurance. mar 2012

[Ameer_zyzom]

Driving while talking on mobile phone and without insurance. mar 2012

• You will be ok after mar 2014
• You must to declare it and you will be ok