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Hi guys please help

My husband has been issued a PNC for being in a Bus Lane. As my husband is the registrar keeper of the car he has been fined. But it was me who was driving and its been fined to him. Will this affect his ilr as i was the one who was driving so i should be fined. its not fair if they refuse his ilr due to me who was at fault.

also my husbands visa he got discretionary leave in 2011 under family and private life prior to rules July 2012 change.

1st discretionary leave 10.10.2011 to 10.10.2014
2nd visa issue 20.11.14 to 20.11.2017

Lawyer says we need to apply 28 days before 2nd visa expires. we want to do same day service. and wondering when we can apply as we have to show 6 years discretionary leave so i thought we go by 1st visa.

Claire_aamir wrote: ↑

Sun Sep 03, 2017 8:50 am

Hi guys please help

My husband has been issued a PNC for being in a Bus Lane. As my husband is the registrar keeper of the car he has been fined. But it was me who was driving and its been fined to him. Will this affect his ilr as i was the one who was driving so i should be fined. its not fair if they refuse his ilr due to me who was at fault.

also my husbands visa he got discretionary leave in 2011 under family and private life prior to rules July 2012 change.

1st discretionary leave 10.10.2011 to 10.10.2014
2nd visa issue 20.11.14 to 20.11.2017

Lawyer says we need to apply 28 days before 2nd visa expires. we want to do same day service. and wondering when we can apply as we have to show 6 years discretionary leave so i thought we go by 1st visa.

PNC for driving in a Bus lane will not affect ILR at all. Its same as Parking ticket. Unless you get court summon you should be fine

makky86 wrote: ↑

Sun Sep 03, 2017 9:11 am

Claire_aamir wrote: ↑

Sun Sep 03, 2017 8:50 am

also my husbands visa he got discretionary leave in 2011 under family and private life prior to rules July 2012 change.

1st discretionary leave 10.10.2011 to 10.10.2014
2nd visa issue 20.11.14 to 20.11.2017

Lawyer says we need to apply 28 days before 2nd visa expires. we want to do same day service. and wondering when we can apply as we have to show 6 years discretionary leave so i thought we go by 1st visa.

If you refer to this post, I asked about this and gave an example date, but yea you can apply 28 days before reaching the 6 years of DLR

Also note it can be within the 28 day period before reaching 6 year s of DLR.

Please note that there is the visa expiry date and reaching 6 years of DLR. Calculate 6 years from when you were granted DLR the FIRST time.
Hope this helps.
Refer to this
click this link to go to it.

For ILR, the 6 years starts from date of first visa and you can apply within 28 days before reaching the 6 year mark.

I have read other places that we can't apply 28 days before first visa expires as we have to complete 6 years this has to be completed before apply . They state 28 days before current visa expires

Claire_aamir wrote: ↑

Mon Sep 04, 2017 4:29 am

I have read other places that we can't apply 28 days before first visa expires as we have to complete 6 years this has to be completed before apply . They state 28 days before current visa expires

this is from the actual page of the booking itself from the Home Office website, if you go to the middle where it says booking an appointment.

click this link

it clearly states

''if you're applying for settlement, your premium service appointment must be:

at least 48 hours after your Life in the UK test
within 28 days of you completing your qualifying period''

also you can download this qualifying period document which should give you the understandings of how to calculate it.

hope it helps

This is talking about spending 5 years here. Doesn't mention our category which is discretionary leave under old rules before July 2012 we need to complete 6 years.

Claire_aamir wrote: ↑

Tue Sep 05, 2017 1:01 pm

This is talking about spending 5 years here. Doesn't mention our category which is discretionary leave under old rules before July 2012 we need to complete 6 years.

You can apply within 28 days before reaching 6 years residence on DLR, calculated from the date your first DLR was granted.

Claire_aamir wrote: ↑

Tue Sep 05, 2017 1:01 pm

This is talking about spending 5 years here. Doesn't mention our category which is discretionary leave under old rules before July 2012 we need to complete 6 years.

Sorry you are right,

I have read a little bit from the the discretionary leave document, although it does state it is an asylum policy guidance I think it still applies to people that are granted DLR before 9 july 2012(my wife's was a non asylum grant of DLR)

You can find the document here to read at section 10 as I believe those granted DLR before 9 july 2012 immigration changes come under the trasitional arrangements.

Click here for the documents

10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted (normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy.
Caseworkers must consider whether the circumstances prevailing at the time of the original
grant of leave continue at the date of the decision. If the circumstances remain the same, the
individual does not fall within the restricted leave policy and the criminality thresholds do not
apply, a further period of 3 years’ DL should normally be granted. Caseworkers must consider
whether there are any circumstances that may warrant departure from the standard period of
leave. See section 5.4.
If there have been significant changes that mean the applicant no longer qualifies for leave
under the DL policy or the applicant falls for refusal on the basis of criminality (see criminality
and exclusion section above), the further leave application should be refused.
Those granted DL for 6 months because of the refusal or withdrawal of asylum or humanitarian
protection on grounds of criminality and who do not fall within the restricted leave policy, must
normally wait 10 years before being eligible to apply for settlement. Where an individual has
accrued 10 years’ lawful residence under the DL policy and applies for settlement,
caseworkers must consider Part 9 of the Immigration Rules and, in particular, paragraph
322(1C).

The bit we're I have highlighted and underlined does not mention anything about applying 28 days before the second set of DLR is due to expire but rather we would be eligible to apply once 6 years have been accrued of continuous DLR.

More clarification would be helpful on this. But in an earlier post I did give an example of the dates and a senior member did agree with my understanding of it.

Ok thanks to everyone for your help

Will let u know how we get on