ILR AND UNSPENT CONVICTION DECEMBER 13TH 2012 RULE

[alanwong]

Thanks Alanwong,

I saw the immigration rules in paragraph 322(1C-iv). The driving offence i have got is LC20 (Driving otherwise than in accordance with a licence).

They state that 'if 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.'

I did not understand what is non-custodial sentense. i have not got any thing from the court.. i paid a fixed penality notice of 60 pounds and got 3 points on my licence.

Please if you know can any one detail me on this? Any success stories in 2013?

Thanks very much...

mate, google non-custodial sentence, you will get it.

[sthan]

Thanks Alan,

Can any one tell me if taking SAR is better or Police certificate is better?
And if i apply with in how many weeks will i get the certificates?

Thanks,

[sayome_now]

SAR is of course far better. SAR will give you everything the Police have on you in terms of offences and everything else. And this is what the HO look for as well.
SAR takes 40 days legally but if you don't have any issue it should be two -three weeks

[favour 2013]

I am expecting good news as my appointment at liverpool PEO was fine, case worker did not bother about conviction, she was particular about finance, however I had my biometrics taken, was asked to send original employment letter, letter from employer to support my application. She has said I produce within seven days or application would be denied. I would send that immediately.
SENIORS I am sure this is good .

[sayome_now]

I will congratulate you in advance, favour 2013 (well chosen name, you know). If the CW has issues with your application, she would have told you immediately. So, I guess you are almost in the clear.

Does this mean that employment letter is now an important part of ILR?

[sthan]

@favour 2013

Thanks for posting your experience and congrats in advance. Hope every thing will be fine. This gives a good confidence to me.

post as soon as you receive the good news.

Thanks,

[Gagan1986]

I am applying on 30th Jan with a conviction that happened 3 years back, shall keep posted how it went

[sthan]

@Gagan,

Its always helpfull for others to share your experiences. Please do post it. Thank you.

[elf_fm]

How's your ILR, did you get the approval?

I am expecting good news as my appointment at liverpool PEO was fine, case worker did not bother about conviction, she was particular about finance, however I had my biometrics taken, was asked to send original employment letter, letter from employer to support my application. She has said I produce within seven days or application would be denied. I would send that immediately.
SENIORS I am sure this is good .

[sthan]

@favour 2013,

Did you get your ILR? Please share your experiece?

Many thanks,

[favour 2013]

My ILR approved. Just got it. Thank you all for your advises and support. It was with conviction of less than 24 months.

[panmetrix24]

@ favour 2013
Congrats Friend! great news.
please can you advice if you answered yes or no in Q7.1 in the personal history section?

[favour 2013]

I declared the conviction. Yes

[sthan]

Hi every one,

I want to share and get the people away from the confusions about the subject line.

Our ILR was successfull in solihull with unspent conviction and before 24 months period from the date of conviction. This applies only to the people who have received the fine from the court and not by the police directly.If they receive fine from the court then they definitely should wait for 24 months

[favour 2013]

Ethan no, that's not correct... My ILR was successful with court conviction of 14months, it was a speeding conviction, I failed to pay and was sent to court, my pnc came out clean so I applied less than 24 months. Case worker did not even look at that, she just read thru.
I submitted 16th january and had to send further documents, results came in saturday , ilr granted..

[elf_fm]

I also got my ILR yesterday in Croydon PEO.

my case: careless driving (CD20) convicted in Jan 2012 from Court with fine and penalty points. absolutely within 24 months. But both CRB and ACRO(SAO) check clean.


before the PEO , contact SettlementOpsPolicy@homeoffice.gsi.gov.uk about the criminal requirement for my case with a couple emails, and they told me that If the local police have checked the PNC and found no record of the offence, then it has not been recorded, but should still declare the offence on the application form, together with the police PNC check and It is always best to declare all offences, and allow the caseworker to disregard those that do not form part of the criminal record.


Then went to PEO with loads of documents including CRB check, ACRO(SAO) check and the email discussions with SettlementOpsPolicy@homeoffice.gsi.gov.uk.


Hope this helpful for any one having similar situation.

Ethan no, that's not correct... My ILR was successful with court conviction of 14months, it was a speeding conviction, I failed to pay and was sent to court, my pnc came out clean so I applied less than 24 months. Case worker did not even look at that, she just read thru.
I submitted 16th january and had to send further documents, results came in saturday , ilr granted..

[wkb10172]

Great News ...Congrats....

[Amber]

I also got my ILR yesterday in Croydon PEO.

my case: careless driving (CD20) convicted in Jan 2012 from Court with fine and penalty points. absolutely within 24 months. But both CRB and ACRO(SAO) check clean.


before the PEO , contact SettlementOpsPolicy@homeoffice.gsi.gov.uk about the criminal requirement for my case with a couple emails, and they told me that If the local police have checked the PNC and found no record of the offence, then it has not been recorded, but should still declare the offence on the application form, together with the police PNC check and It is always best to declare all offences, and allow the caseworker to disregard those that do not form part of the criminal record.


Then went to PEO with loads of documents including CRB check, ACRO(SAO) check and the email discussions with SettlementOpsPolicy@homeoffice.gsi.gov.uk.


Hope this helpful for any one having similar situation.

Ethan no, that's not correct... My ILR was successful with court conviction of 14months, it was a speeding conviction, I failed to pay and was sent to court, my pnc came out clean so I applied less than 24 months. Case worker did not even look at that, she just read thru.
I submitted 16th january and had to send further documents, results came in saturday , ilr granted..

I believe that email is no longer active,

[kampk121]

Hi there,
Can anyone plz help me,
If I have a country court judgement against me, can my PR be rejected on the base that I have a unspent conviction. For example my land lord went to court to evict me. But I never been called the court. I left that place soon after the problem with my landlord. Now there might be, I don't know, possibility of a judgment against me.
Would I be allowed to appeal, in the case my PR gets rejected? And what would be the chances of success?
Since there is a new law since dec, 2012 about the criminal records.
Please shed some light on my case. I'm really worried.
Thanks you so much...

[jumpstart17253]

Hi,


can you elaborate as what you asked to the email you have mentioned.
obviously your crb and pnc was clean so what else you asked on those emails.

i am in a similar situation and your reply will be useful.

thanks in advance

[omerali1981]

Hi Guys,
I have applied for my ILR application last year and got rejected due to court summon for sp30 fine(which I paid already) and 4 points.

I investigated with solicitor and got my CRB and PNC report clean of any convictions.
Now I have filled an application against the home office decision to the court.

Please advise for any further evidences to attach my hearing is on 24th of june 2015.

Omer