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I applied for Indefinite Leave to remain SET(O) - 10 Years Legal Stay basics- They refused my application as unspent convictions due to a MINIOR driving offense on 2010 - Driving a motor vehicle with insufficient tyre tread ( Offense code CU30 ) with normally deal with a Fix penalty notice but that time office in charge didn't had any fix patently notice forms with him ( as he said ) he referred to court which fine me 250 pounds with 3 points.

I am married to a british citizen and I am on Spouse visa until 2013 July which again allow me to apply for settlement on grounds of been married for a settle person in UK, but which again arise the same issue.

They have not given me appeal rights as my stay does not effect from the decision, as I have current spouse visa until 2013 July.

Can I appeal as this is a minor traffic offense as even per highway code its stated as a Fix penalty notice to be given for this nature of the driving offenses ,

also i read in immigration rules , caseworker should use his discretionary to overlook 1st minor offense and disregard as per nature of the offense.

how I go around this

anything that ends up in court will be a problem. you will have to wait before your conviction is spent before applying again.

Don't worry ask them for reconsiderations, you have chances to win it explain all in your letter means circumstances around conviction.Any problem PM me, I repeat u have chances don't let it go.

Yes I think a reconsideration will do for you. Get a lawyer and put down all your facts to the lawyer. He will be able to compose a good and substantial letter that will stand you in good stead.

Don't worry too much you will be fine. I've gone through similar circumstances of refusal though mine was a case of incompetence from UKBA.

I am beginning to think that UKBA intentionally hand over some cases to inexperienced caseworkers. Especially if you don't have a right to appeal since it will not cost them money at all.
Looking at your case, the fact that you are married to a British citizen should be enough trigger for someone to use more common sense here and discretion because at the end of the day you are going to stay anyway which ever way you look at it.
Even in their guidelines, its well listed that caseworkers should look at the applicants roots in the UK and gauge whether it's rational to refuse an application when in the end the applicant will appeal and be granted.

Jon. hence I dont have right to appeal, is there are any way I can appeal ?

calvin2025 wrote:Jon. hence I dont have right to appeal, is there are any way I can appeal ?

As Jon said, get a good lawyer that can help you to write a good explanatory note for reconsideration, as your case stand I think you stand a good chance.

did u get crb n pnc checked
were they clean?
did u show it to them?
wat peo was it

calvin2025 wrote:I applied for Indefinite Leave to remain SET(O) - 10 Years Legal Stay basics- They refused my application as unspent convictions due to a MINIOR driving offense on 2010 - Driving a motor vehicle with insufficient tyre tread ( Offense code CU30 ) with normally deal with a Fix penalty notice but that time office in charge didn't had any fix patently notice forms with him ( as he said ) he referred to court which fine me 250 pounds with 3 points.

how I go around this

did you disclose it on your application form or CW found it out through CRB check?

I mentioned it on my application guys why should I do , Its unfair for me to et penalised for this

calvin2025 wrote:I mentioned it on my application guys why should I do , Its unfair for me to et penalised for this

I think you are confusing 'reconsideration' for 'appeal'.

You would have right of appeal had your current leave lapsed before your decision was made. Since this is not the case, you can ask for 'reconsideration'. See John336 story on how to secure a reconsideration. That should solve your problem.

Hello every one,, after long research found out that they want me to wait till 5 years from the date of the offense been committed but i think i can take this mater to a high court and get judge to overlook the decision , comes with a hefty cost