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Indefinite Leave to Remain - Licence offences

Posted: Tue Sep 24, 2013 4:59 pm
by gvk1711
Hi,

One of my friends visa (Tier 1,General) is due to expire and he is eligible to apply for Indefinite Leave to Remain.

he has a Licence offences (Criminal) - IN10 (Using a vehicle uninsured against third party risks)(https://www.gov.uk/penalty-points-endor ... lty-points).

Question is what is the possibility of getting Indefinite Leave to Remain with a criminal convection on file.

Thanks in advance

Posted: Tue Sep 24, 2013 7:50 pm
by peppekalle

Posted: Wed Sep 25, 2013 12:58 pm
by Gagan1986
When was the offence committed?

Posted: Wed Sep 25, 2013 1:07 pm
by Amber
Well technically there should be a 24 month bar for any conviction. However, most people seem to get granted ILR at a PEO with minor traffic convictions. Though, that may change when the new guidance is released.

If the offence did not go to court and was just an FPN, no effect.

ILR WITH TRAFFIC OFFENCE

Posted: Wed Sep 25, 2013 5:44 pm
by ssidd
Hi Mate,

I am in the same boat. When new guidance is going to be released? I got six points and court fine.


Thankx.
Sidd

Posted: Wed Sep 25, 2013 5:58 pm
by Gagan1986
I got the same, ILR got approved. Depends when did you got the court fine

Posted: Wed Sep 25, 2013 6:07 pm
by Amber
The new guidance is expected soon.

ILR WITH TRAFFIC OFFENCE

Posted: Thu Sep 26, 2013 8:42 am
by ssidd
Hi,

Is there any chance that they lift 24 months restriction in new guidance?


Regards
Sidd

Posted: Thu Sep 26, 2013 9:40 am
by Amber
I think they're looking at enforcing it better rather than relaxing it.

ILR WITH TRAFFIC OFFENCE

Posted: Thu Sep 26, 2013 10:06 am
by ssidd
Hi,

I have already passed 15 months and seeking for ILR after 9 months because 24 months of court fine will be completed in next 9 months time.

Is there any chance that they will increase time restriction which is already 24 months?


Many Thanks
Sidd

Posted: Thu Sep 26, 2013 10:12 am
by Amber
ssidd, if you have a traffic conviction you may be able to apply before 24 months at the moment as the mandatory refusal is not strictly enforced. There has been no statement of changes to increase the 24 month period.

ILR WITH TRAFFIC OFFENCE

Posted: Thu Sep 26, 2013 10:24 am
by ssidd
Hi,

I was entitled for ILR in June this year but I got court conviction in June 2012. I checked enhanced CRB and it was there, so I applied for 2nd extension and got it.

I am still thinking that am i eligible before 24 months which is june 2014?

Kindly give me your expert opinion.


Thanks
Sidd

Posted: Thu Sep 26, 2013 11:05 am
by Amber
Yes you would be eligible in June 2014 as 24 months would have lapsed.

ILR WITH TRAFFIC OFFENCE

Posted: Thu Sep 26, 2013 11:34 am
by ssidd
Hi,

Can I apply before 24 months?


Many Thanks
Sidd

Posted: Thu Sep 26, 2013 11:58 am
by Amber
Debatable. The rules say no, but others have been successful.

ILR WITH TRAFFIC OFFENCE

Posted: Thu Sep 26, 2013 12:08 pm
by ssidd
Dilema for me:(, Thanks mate