Criminal conviction for my wife. ILR due.

smoothturbo · Post by **smoothturbo** » Thu Dec 29, 2011 7:53 pm

Hi all, My wife had to go court and pay a penalty for travelling on train without the correct fare. She is on a spouce visa which is due to expire on 06/12. We have a baby due in Feb and have a joint mortgage. Does she stand any chance of bieng issued an ILR? do UKBA take the baby and the mortgage into consideration when deciding whether to issue the ILR? I am a British citizen and I belive the baby automatically qualify for a British passport. Would they chuck the mother out of the country on her own? Should I use a lawyer for my application? any input would be greatly appreciated guys.

Thanks in advance

innocentdevil · Post by **innocentdevil** » Thu Dec 29, 2011 10:52 pm

smoothturbo wrote:Hi all, My wife had to go court and pay a penalty for travelling on train without the correct fare. She is on a spouce visa which is due to expire on 06/12. We have a baby due in Feb and have a joint mortgage. Does she stand any chance of bieng issued an ILR? do UKBA take the baby and the mortgage into consideration when deciding whether to issue the ILR? I am a British citizen and I belive the baby automatically qualify for a British passport. Would they chuck the mother out of the country on her own? Should I use a lawyer for my application? any input would be greatly appreciated guys.

Thanks in advance

she's your dependent so nothing to worry about.

Post by **Obie** » Thu Dec 29, 2011 11:02 pm

Convictions of those sort tend to get spent within 6 months or even less.

Contrary to the previous contributor, i believe she would get rejected for settlemen if there is an unspent conviction.

However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.

Try not to loose sleep, she will not be kicked out.

I hope she has passed the life in the UK test.

Get her a monthly travel card or fill up he oyster with cash, so those accident don't occur in future.

innocentdevil · Post by **innocentdevil** » Thu Dec 29, 2011 11:07 pm

Obie wrote:Convictions of those sort tend to get spent within 6 months or even less.

Contrary to the previous contributor, i believe she would get rejected for settlemen if there is an unspent conviction.

However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.

Try not to loose sleep, she will not be kicked out.

I hope she has passed the life in the UK test.

Get her a monthly travel card or fill up he oyster with cash, so those accident don't occur in future.

she would be rejected if it falls under rehabilitation of offenders act 1973. Normally, offences which lead to imprisonment. Travelling without a right fare is NOT a criminal offence nor would it appear on CRB check so she should be fine. If in doubt, request a CRB check.

Post by **Obie** » Thu Dec 29, 2011 11:17 pm

innocentdevil wrote:
Travelling without a right fare is NOT a criminal offence nor would it appear on CRB check so she should be fine. If in doubt, request a CRB check.

That is not correct. Please see this

smoothturbo · Post by **smoothturbo** » Fri Dec 30, 2011 4:27 pm

thanks for your replies chaps. I am in the process of having a CRB check done, I'll see if anything pops up. here's one question - Individuals can only do a 'basic' CRB check. If nothing came up on it then do we declare the offence when applying for ILR?

Post by **John** » Fri Dec 30, 2011 4:55 pm

My wife had to go court and pay a penalty for travelling on train without the correct fare

What exactly was the sentence? Did she have to pay a fine?

Post by **Casa** » Fri Dec 30, 2011 5:10 pm

Obie..sorry but you're not correct in this: 'However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.'

She must apply before her visa expires.

smoothturbo · Post by **smoothturbo** » Fri Dec 30, 2011 6:00 pm

offence; attempting to travel on railway without paying fare. court fined her £85.

Post by **Obie** » Fri Dec 30, 2011 6:29 pm

Casa wrote:Obie..sorry but you're not correct in this: 'However of she waits until it get spent and apply she will be fine, even if the visa is expired before she submit an application.'

She must apply before her visa expires.

Casa i use to hold the same view until i was corrected. I checked rechecked the immigration rules and realised the person was indeed correct.

You do not have to have existing leave to qualify for ILR as spouse of a settled person.

According to the rules, once a person has completed the 27months probationary period, they can apply at any time.

However such people will not benefit from section 3c or section 3d right.

I believe OP's wife would possibly qualify under other provision of national or EU law for leave to remain, but not ILR at present.

luke79 · Post by **luke79** » Fri Dec 30, 2011 6:37 pm

Obie wrote:
According to the rules, once a person has completed the 27months probationary period, they can apply at any time.

However such people will not benefit from section 3c or section 3d right.
.

Please can you elaborate on what this section 3c and 3d is

smoothturbo · Post by **smoothturbo** » Fri Dec 30, 2011 7:14 pm

Obie wrote:

I believe OP's wife would possibly qualify under other provision of national or EU law for leave to remain, but not ILR at present.

so they could possibly extend the spouse visa you are saying?

Post by **Obie** » Fri Dec 30, 2011 7:36 pm

Section 3c of the immigration act allows the conditions that existed before someones leave expired to continue during the processing of an in time application , whiles 3d allows the condition to exist during any subsequent appeal against an adverse decision.

Post by **Obie** » Fri Dec 30, 2011 7:41 pm

She may qualify under Zambrano or the Human rights acts.

Post by **John** » Fri Dec 30, 2011 7:41 pm

court fined her £85

Given a fine was imposed the conviction will not become spent for five years, counting from the date of conviction in Court.

Accordingly before her current spouse visa expires, she should use form FLR(M) to get a 2-year extension.

Your best hope is that a Bill going through Parliament will end up as law. But there is no guarantee of that as it is a Private Members Bill, but it has made more progress through the Parliamentary procedure than most such Bills. That is, it has completed its passage through the Lords and has been sent to the Commons, but has yet to start the process there.

The point is that the Bill, if it becomes an Act, will reduce the spent period for a fine from 5 years to just one year. But again, no guarantee this change will happen. For details of the Bill click here.

smoothturbo · Post by **smoothturbo** » Sat Dec 31, 2011 9:25 am

Obie wrote:She may qualify under Zambrano or the Human rights acts.

So do we only apply under zambrano after the outcome of ILR or before applying for ILR?

smoothturbo · Post by **smoothturbo** » Sat Dec 31, 2011 9:28 am

Thank you john for your suggestions....might go down that route if odds are stacking up against us.

Post by **John** » Sat Dec 31, 2011 10:04 am

I can't see how Human Rights apply here, given there is no problem in principle her applying for a 2-year extension of her spouse visa. There is no danger of her being thrown out of the country.

And Zambrano, especially ahead of the UK Government changing the relevant regulations, I am struggling to see how that applies here.

smoothturbo, just apply for a 2-year extension to her spouse visa, using form FLR(M), and submit that application a week or so before the expiry of her current visa.

smoothturbo · Post by **smoothturbo** » Sat Dec 31, 2011 6:29 pm

what about getting in touch with the home office and explaining my situation? would they give any advice? or am I being stupid?

Post by **Casa** » Sat Dec 31, 2011 6:35 pm

The advice, if you recieve any, may well not be accurate. Unfortunately UKBA 'information line' staff are renowned for giving incorrect or outdated information.
I would follow John's advice, and apply for an extension on form FLR(M) before her current visa expires.
Rest assured, your wife won't be 'removed' or 'deported'.

smoothturbo · Post by **smoothturbo** » Sat Dec 31, 2011 7:06 pm

thank you for the re-assurance Casa.

I will see what the CRB check brings back and will take it from there. I've done it through Scotland disclosure, if it comes back clean u reckon I should proceed with ILR or still go for an extension?

Post by **Obie** » Sat Dec 31, 2011 7:49 pm

John wrote:
And Zambrano, especially ahead of the UK Government changing the relevant regulations, I am struggling to see how that applies here.

I mentioned Zambrano because OP mentioned his wife has a baby in his initial post, and i was merely stating that in worst case scenerio she will be given something even if she does not qualify for settlement under the immigration rules.

I might not have explained things as clearly in that regards, as i ought to.

The immigration rules does not seem to make it explicitly clear, like it does for people who meet the long residence rules, save for life in the UK, that they will be given further Leave to remain. Although paragraph 284 (i) of the rules could cover a whole range of scenerio.

I accept of course that this is the only option open to OP.

Sorry if i caused any confusion, or there was any vagueness in my post.

psb · Post by **psb** » Tue Jan 03, 2012 1:22 am

Family residency rule will probably change in April 2012, the probationary period for foreign spouses will be extended from 3 to 5 years.

Maybe the FLR(M) will be extended by another 3 years in this case.

refer to this topic: http://www.immigrationboards.com/viewto ... c&start=20

sidra1 · Post by **sidra1** » Tue Jan 03, 2012 1:06 pm

hi guys i have a got a query can someone help me plz??

i got caught by tfl's revenue inspector on the bus in novemebr. now tfl has decided to prosecute me. I have een in contact with the prosecution manager and he said that once i get the court summons delivered to my house he will let me settle the case out of court. I havent got any convictions yet. My dad is applying for ilr on thursday 5th january in person and i am his dependent over 18. do i need to declare it n set {o} application form that I will be getting a court summon in future???

osteophytes · Post by **osteophytes** » Wed Jan 04, 2012 6:47 am

smoothturbo wrote:what about getting in touch with the home office and explaining my situation? would they give any advice? or am I being stupid?

That is one thing I would avoid.

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Criminal conviction for my wife. ILR due.

Criminal conviction for my wife. ILR due.

Re: Criminal conviction for my wife. ILR due.