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ILR and traffic offence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mahetus1
Newbie
Posts: 34
Joined: Sun May 17, 2009 2:46 pm

ILR and traffic offence

Post by mahetus1 » Tue May 03, 2011 4:17 pm

Hi all,

1) I applied for HSMP in May 2006 and granted 2 years leave which was
extended for 3 years as tier 1 migrant( I might have ticked 'no' in
question whether you would like to apply under HSMP judicial review)
now I am going to apply next month for ILR after completing 5 years.
Would I be eligible to apply under HSMP judicial review in set O form?

2) My wife has recently got IN10(allowing uninsured driver to drive her car although she had valid insurance) traffic offence-convicted in court after pleaded guilty by post. 6 penalty
points and £240 fine received. would she be rejected for ILR?
If rejected, would I be apply for her in any other category?

3) How is service of immigration advisory service?

Many thanks in advance.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR and traffic offence

Post by geriatrix » Tue May 03, 2011 6:42 pm

mahetus1 wrote:Would I be eligible to apply under HSMP judicial review in set O form?
Yes.
Life isn't fair, but you can be!

mahetus1
Newbie
Posts: 34
Joined: Sun May 17, 2009 2:46 pm

ILR

Post by mahetus1 » Wed May 04, 2011 10:06 pm

1) I have today requested copy of my tier 1 application form under SAR.
spoken to Home office on telephone line - they were not sure but felt
It is probably ok under JR even if I have choosen 'no' in tier 1 form question whether I wish to apply under JR(as ILR would be new and different application).

2) she said guidelines is issued to them stating
Apr-Nov 06 HSMP applicants shouldn't require point system and they are
going to change forms but meanwhile tick tier 1 with explanatory forwarding letter in SET O form

3) Unfortunately she said their guidance states all applicants including
HSMP JR will be under new criminality thresold and only exemption will be 'protection route'. I am worried that if my wife denies visa on this ground she might have to leave country as by that time her visa would be expired and might then have to apply from India as dependent of settled person on 'M' form. I have got personal appt but was told that because of traffic offence conviction they might not deal with it on the same day.

Only hope is if I can apply under JR and new criminality thresold not applied.
Can please seniors put any concrete link stating that is the case.

Many thanks and regards

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