drink driving, court fines and 2013 ILR success

[legit2011]

@iinocentdevil.
I was of the opnion they become spent after 5years?? and not 4years???

[legit2011]

senior members can you help out please!!

[innocentdevil]

http://www.yourrights.org.uk/yourrights ... spent.html


it is 5 Years.

[legit2011]

@innocentdevil...seems you misunderstood my note.
Yes I ahve done a CRB and it came up with the unspent conviction two months ago, but they should be spent after 5yrs (feb 2013).
The plan is to carry out another CRB check early 2013 to be sure it has been spent and apply for ILR. However my question is:

1) If I have to leave to my present employer for a contracting role with an umbrella company will there be any issues to a successfull ILR application in 2013 assuming my unspent conviction becomes spent.
2) The 5yrs qualification period for ILR should count from 2007 - 2012??? is 2012 - 2013 going to be considered for any reason??

Any assistance will be aprpeciated folks

any assistance with the above please regarding if the ILR will only consider the period between 2007 - 2012 and 2012 - 2013 not inclusive???

[wpilr_nov12]

@innocentdevil...seems you misunderstood my note.
Yes I ahve done a CRB and it came up with the unspent conviction two months ago, but they should be spent after 5yrs (feb 2013).
The plan is to carry out another CRB check early 2013 to be sure it has been spent and apply for ILR. However my question is:

1) If I have to leave to my present employer for a contracting role with an umbrella company will there be any issues to a successfull ILR application in 2013 assuming my unspent conviction becomes spent.
2) The 5yrs qualification period for ILR should count from 2007 - 2012??? is 2012 - 2013 going to be considered for any reason??

Any assistance will be aprpeciated folks

Your 5 year qualifying period is counted backwards from your ILR application date + 28 days. This is a simplified explanation specific to your case.

[legit2011]

@wpilr_nov12
Thanks, so that means if I apply in feb 2013 then my qualifying period will be from feb 2008 - feb 2013 minus the 28days and I wouldnt have to worry about UK absences, P60s etc from 2007 - feb 2008. (I will have them included though just for peace of mind).

Do you think their will be any issues assuming I move from my present employer to a contracting role through an umbrella company and applying for ILR therafter??

[cs95tdg]

A few points on the OP. In order to be eligible for ILR you must:

1) Have no unspent convictions at the time of the applicantion.
2) Have met the 5 year residency requirement if applying as a economic migrant. You can be either employed/self-employed during this period. You can apply for ILR upto 28 days before your 5th anniversary, but must have sufficient "leave to remain" to cover the entire 5 years.

There are other aspects to the ILR application process (maximum absences allowed, PBS score, etc...), but I've just listed the above two points independently as they were key to your OP. They are two seperate points, all be it related because you cannot apply for ILR until 1) above is met.

You haven't mentioned exact dates in your OP, in terms of when you first entered the UK or switched to an economic migrant immigration category in-country, but the fact that you have changed employment or are going to change employment during the ILR residency period has no effect on your ILR application. When changing employment, what you need to do is, ensure that the visa you hold allows you to do so. (E.g. Tier 2 visas a employer sponsored)

[legit2011]

Hello
I am just new on the board and I wish I knew about this ages ago before my drink driving court case in 2008.
I started off with the fresh talent initiative ?(FTI) visa in 2005 - 2007, my company got me a work permit just after my FTI expired and i have been wt the same employer since 2005. I am due for my ILR in may 2012.

Now the bomb, I have a drink driving conviction + fines in 2008, completed the drink driving rehabilitation course same yr and got a reduction in the ban to 9months.

If i have to apply for an ILR, would this be granted? as i read, thanks to this forum that a 5yr unspent period needs to be completdd before i can 'come clean', if not what are my options.?

I understand and thanks once again to this forum that the 5yr rehabilitation period is been looked at in the house of lords for a reduction to 1yr. Does anyone have any idea if this can come to play in april 2012 when i will be due to apply for my ILR.

Please help as this is an SOS...many thanks

.#

se my first post above... I have been in the Uk since 2003 studied and graduated 2005. started workign 2005 (work permit) expired 2012. extended with Tier 2 due to unspent conviction and the rest you know.

[cs95tdg]

Hello
I am just new on the board and I wish I knew about this ages ago before my drink driving court case in 2008.
I started off with the fresh talent initiative ?(FTI) visa in 2005 - 2007, my company got me a work permit just after my FTI expired and i have been wt the same employer since 2005. I am due for my ILR in may 2012.

Now the bomb, I have a drink driving conviction + fines in 2008, completed the drink driving rehabilitation course same yr and got a reduction in the ban to 9months.

If i have to apply for an ILR, would this be granted? as i read, thanks to this forum that a 5yr unspent period needs to be completdd before i can 'come clean', if not what are my options.?

I understand and thanks once again to this forum that the 5yr rehabilitation period is been looked at in the house of lords for a reduction to 1yr. Does anyone have any idea if this can come to play in april 2012 when i will be due to apply for my ILR.

Please help as this is an SOS...many thanks

.#

se my first post above... I have been in the Uk since 2003 studied and graduated 2005. started workign 2005 (work permit) expired 2012. extended with Tier 2 due to unspent conviction and the rest you know.

1) Begin by using your "date of switching" immigration categories (FTI to Work Permit) to determine the date when you would normally have become eligible for ILR as a economic migrant. I see that the date is somewhere in 2007, but as theres no specific date mentioned, I cannot determine what your ILR eligibility date would be. But you can add 5 years to the "date of switching" to come up with this yourself.

2) Determine the date when your conviction becomes spent using the "date of conviction" and the reference (http://www.yourrights.org.uk/yourrights ... spent.html) innocentdevil has provided. Again I see the conviction was in 2008, but no specific date xx/xx/xxxx given, so you can come up with this yourself with the reference provided. Also for further information see... http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3) If 1) falls before 2) then you will need to wait until 2) before you submit your application for ILR. Also do a CRB check before you apply to verify.

Information provided in my previous response on employment (including PBS score & allowed absences) remains the same. Hopefully this has answered your questions.

The following threads may also contain information useful to you if you haven't already seen them:
http://www.immigrationboards.com/viewtopic.php?t=79378
http://www.immigrationboards.com/viewtopic.php?t=74347

[legit2011]

@cs95tdg and innocentdevil

Many thanks for the breakdown, much appreciated. Point noted are;

I can apply for ILR in feb 2013 as long as CRB checks which I will be carrying out before applying comes clean (spent)
ILR qualifying period will be counted from the time of application backwards (2008 - 2013) and not from 2007 - 2012.
I can change employers any time and it wouldnt affect my ILR

[legit2011]

In the light of ther new rules and regarding my case...
My unspent conviction becomes spent after 5years...from my calculation that will be late january 2013 early feb 2013..
On the light of the new rules does that mean my conviction has been spent...based on the fact that within the last 24months I have not been convicted of any crime..This is even more confusing for me than I thought..

Any help will do...

Regards

[legit2011]

Any help on this please..senior members...
Assuming I come clean in february 2013 from PNC checks or disclosure scotland...will there be any grounds for my ILR refusal in february 2013??

Have a Happy New year..

[Gagan1986]

According to the new rules, you are eligible to apply for ILR if you haven't had any conviction in the last 24 months.
You conviction is still unspent though, but that won't affect your ILR. Though they have changed the rules to apply for ILR that doesn't mean your conviction has been spent. It still remains unspent. Must declare when applying

[legit2011]

@gagan1986...
Let me confirm what you've just said.. you mean i can apply for ILR even though my conviction is still unspent and it will be granted...as long as i do not have any convictions within the last 24months????.

according to the new rules i will definitely declare the convictions...do you mean that even if i declare them i will still be granted my ILR as long as i have not been convicted within the last 24months of applying for my ILR...tis is good news for me though...I hope you and I are on the same page..i wouldnt want ma hopes raised and .....


in that case glasgow PEO here I come.....

[Gagan1986]

Correct. Thats what I think but you are better to check with a senior member or get a professional advice. Contact any solicitor and they will be able to confirm that as part of their free pre assessment.

[armor123]

I think Gagan1986 is right.

legit2011 - go thorough with below link…

http://www.whatdotheyknow.com/request/n ... change_was

[legit2011]

@armor123..
Yeah I think both of you are right. My ILR shouldnt be denied..as long as I have not been convicted of any crime within the last 24months...

Thanks all

[asnautsyhaam]

@legit2011

so are you applying then earlier? My spouse is in same state.

[legit2011]

@asnautsyhaam.

I'l sure will...it clear that their is no grounds for refusal. The unfortunate thing is that by the time I am ready to apply my conviction would have been spent though...

[legit2011]

I am getting ready my documents for my ILR and I have a question.
In 2010 I have close to 210 days out of the UK on business trips, will that be a worry?. I have a letter from my employers saying that they are all business trips but with the new rules, do I fall short on the grounds for refusal??

[legit2011]

help needed please.....senior members

[Hwima]

I am getting ready my documents for my ILR and I have a question.
In 2010 I have close to 210 days out of the UK on business trips, will that be a worry?. I have a letter from my employers saying that they are all business trips but with the new rules, do I fall short on the grounds for refusal??

Hi Legit2011

I recommend you check out this post http://www.immigrationboards.com/viewtopic.php?t=52692.
Guys like Damanisshallo and Spidery_Thread may be able to assist you. He is good at this sort of thing. Since its a 10 yrs residency post they may ask why you are posting there so try sending him a message.

Good Luck

[legit2011]

many thanks @Hwima.

Regards

[maxflip50]

If you have unspent conviction(s) the only option(s) available to you is that you apply for extension if you qualify for one as and when it is due or leave UK before expiry of your current leave.

so, do you mean that if i have unspent conviction (dr10), so i could extend my visa without problem?

[maxflip50]

driving drunk carries a huge fine and risk to public lives.

normally if you are caught driving drunk over the limit then you are arrested which I am sure appears in enhanced crb checks because police take fingers prints and all that malarki at the station.

your only option would be to keep extending your stay until it is spent.

best thing would be to do an enhanced CRB check on yourselves. if it is still coming an UNSPENT then you are in danger. You have mentioned you have done a rehabilitation course, that should have helped with the conviction itself.

get it check, i repeat, do an enhanced CRB check.

so, do you mean that if i have unspent conviction (dr10), so i could extend my visa without problem?