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As far i as i can see, a court summons is not a conviction...you need to be sure the date for the court hearing is after your ilr date though...i will not even mention it at this time....they will get you when you go for Citizenship but i think you are free for ILR! lmhotryingtostayhere wrote:Hi All,
I've done my best to search for other examples of my situation, but can't find anything which really helps.
My situation is this;
I've been in the UK since August 2008 (3 years) and first arrived on a working holiday visa.
My unmarried partner is a British Citizen and we have been together for more than 5 years, so I switched to a spousal visa (FLR(M)) in October 2009.
I should now be eligible for ILR and am preparing the application form (planning to go for same day service) - however I have received a summons to appear in court in November (for keeping an un-taxed vehicle on a public road)
Do I;
1) Not mention it (I do not currently have a criminal conviction)
2) Mention it in 8.2 of the SET(M) form (I'm worried they might then delay processing of my application and by the time it is done I will no longer be eligible as I will then have a conviction)
3) Apply for FLR(M) again (Do the new criminality rules apply for FLR(M)?
Also, if I do go for option 2 and my ILR is declined... what happens next?Can I still apply for FLR(M) and if so; how long do I have to apply and do I have to pay all the fee's again?
Any assistance is greatly appreciated!
I dont have a law degree but i can bet that your court summons is not same as been charged for a criminal offence. where you are required to declare traffic offence is only after conviction....my tots anyway i am probably wrong...wish you the best with ur line of actiontryingtostayhere wrote:Thanks prince12, but actually I don't think that's an option now. I had a friend with a law degree look at this and was told that if I say no to 8.2 it would be a false representation (with potential serious consequence).
FYI 8.2 is "Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"
So now my question is around what happens if my ILR is delayed or rejected. Can I still fall back on FLR(M). Should I just go for FLR(M) now (I don't want to have to pay twice)?
I did not (to my knowledge) receive a Fixed Penalty Notice... but yes, it was for not having a valid tax disc.Am I correct in understanding that you received a Fixed Penalty Notice for not having a valid tax disc? And that you have received a summons becuase you did not pay the penalty in the stipulated time?
FYI 8.2 is "Have you or any dependants who are applying with you ever been charged in any country with a criminal offence for which you have not yet been tried in court?"
It seems to me that the honest answer to Q8.2 is "Yes"!I have been charged with violating section 29 of the Vehicle Excise and Registration Act 1994.