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will it affect my ILR ?
Posted: Mon Jun 14, 2010 12:02 am
by ialacis
Hi guys,
I'm on tier1 general visa, I was on studnrt visa in the past ... around 5 years ago i commited a minor stupid offence(kerb crawling) which I had to go to court and pleaded guilty), I paid 150quid fine for this .
since then I have extended my visa twice ( once as student and once when I switched to tier1).
i hopefully be granted ILR ( 10years basis ) by end of my curent visa , thats late 2011.
in the meanwhile im thinking of applying for temporary usa visa but I'm scared that my us visa might be rejected becasue of my past offence ...
what Im intrested to knw is what happens if us rejects my visa? will it have an impact on my future application for ILR ? i guess I have to declare whether I have been rejected for a visa , correct?
I want to know if there is any risk involved.
so far my application has been successfull with past minor offence, does this mean my ILR and citizenship will be OK too? or that they have diffrent criteria ? and I may not be granted regardless?
thank you
Re: will it affect my ILR ?
Posted: Mon Jun 14, 2010 12:45 pm
by *FC*
ialacis wrote:Hi guys,
I'm on tier1 general visa, I was on studnrt visa in the past ... around 5 years ago i commited a minor stupid offence(kerb crawling) which I had to go to court and pleaded guilty), I paid 150quid fine for this .
since then I have extended my visa twice ( once as student and once when I switched to tier1).
i hopefully be granted ILR ( 10years basis ) by end of my curent visa , thats late 2011.
in the meanwhile im thinking of applying for temporary usa visa but I'm scared that my us visa might be rejected becasue of my past offence ...
what Im intrested to knw is what happens if us rejects my visa? will it have an impact on my future application for ILR ? i guess I have to declare whether I have been rejected for a visa , correct?
I want to know if there is any risk involved.
so far my application has been successfull with past minor offence, does this mean my ILR and citizenship will be OK too? or that they have diffrent criteria ? and I may not be granted regardless?
thank you
A good case for Solicitor's help !
Re: will it affect my ILR ?
Posted: Mon Jun 14, 2010 7:20 pm
by ialacis
*FC* wrote:ialacis wrote:Hi guys,
I'm on tier1 general visa, I was on studnrt visa in the past ... around 5 years ago i commited a minor stupid offence(kerb crawling) which I had to go to court and pleaded guilty), I paid 150quid fine for this .
since then I have extended my visa twice ( once as student and once when I switched to tier1).
i hopefully be granted ILR ( 10years basis ) by end of my curent visa , thats late 2011.
in the meanwhile im thinking of applying for temporary usa visa but I'm scared that my us visa might be rejected becasue of my past offence ...
what Im intrested to knw is what happens if us rejects my visa? will it have an impact on my future application for ILR ? i guess I have to declare whether I have been rejected for a visa , correct?
I want to know if there is any risk involved.
so far my application has been successfull with past minor offence, does this mean my ILR and citizenship will be OK too? or that they have diffrent criteria ? and I may not be granted regardless?
thank you
A good case for Solicitor's help !
I just tried, I was told it shouldnt be a problem if its handed /presented properly, but i was also told that us visa rejection can have impact on my ILR application.
its a bit confusing ... maybe i shouldnt risk applying until i got my ILR
Posted: Mon Jun 14, 2010 9:30 pm
by John
around 5 years ago ......
How long ago was the conviction? That is, how long ago did you actually go to Court?
I ask that because given you have told us "I paid 150quid fine for this", the conviction will become "spent" 5 years after the date of conviction. (not the date the offence was committed).
Even if it is not yet spent, I don't think this will cause a problem when applying for ILR.
Re: will it affect my ILR ?
Posted: Mon Jun 14, 2010 9:35 pm
by aliq09
ialacis wrote:*FC* wrote:ialacis wrote:Hi guys,
I'm on tier1 general visa, I was on studnrt visa in the past ... around 5 years ago i commited a minor stupid offence(kerb crawling) which I had to go to court and pleaded guilty), I paid 150quid fine for this .
since then I have extended my visa twice ( once as student and once when I switched to tier1).
i hopefully be granted ILR ( 10years basis ) by end of my curent visa , thats late 2011.
in the meanwhile im thinking of applying for temporary usa visa but I'm scared that my us visa might be rejected becasue of my past offence ...
what Im intrested to knw is what happens if us rejects my visa? will it have an impact on my future application for ILR ? i guess I have to declare whether I have been rejected for a visa , correct?
I want to know if there is any risk involved.
so far my application has been successfull with past minor offence, does this mean my ILR and citizenship will be OK too? or that they have diffrent criteria ? and I may not be granted regardless?
thank you
A good case for Solicitor's help !
I just tried, I was told it shouldnt be a problem if its handed /presented properly, but i was also told that us visa rejection can have impact on my ILR application.
its a bit confusing ... maybe i shouldnt risk applying until i got my ILR
hI ,
You have given yourself an answer to your question
))
Posted: Fri Apr 15, 2011 8:04 pm
by ialacis
hi
I just read this on workpermit.com
"On 6 April 2011, the UK Government changed the rules for Indefinite Leave to Remain (ILR),
otherwise known as permanent residence or settlement in the UK.
The changes are part of an overall tightening of immigration laws in the UK.
The revised rules include more stringent requirements for ILR, including:
A new threshold for assessing an applicant's past criminal record. An applicant must now
be clear of "unspent convictions" when they apply for ILR.
"
i am due to apply for ILR on 10years basis in couple of month time and the law has changed against my favour, my offence was commited about 5-6 years ago,does it mean its unspent? will the new law cause me problem ?
if i faild ILR i wouldnt be able to switch to other categories , specially since hsmp doesnt exist anymore
(
Posted: Fri Apr 15, 2011 8:21 pm
by geriatrix
Posted: Fri Apr 15, 2011 10:31 pm
by John
ialacis, you were fined, which means a 5-year rehabilitation period. Is it at least 5 years since the date of conviction?
Re: will it affect my ILR ?
Posted: Fri Apr 15, 2011 11:14 pm
by khan2015
ialacis wrote:Hi guys,
I'm on tier1 general visa, I was on studnrt visa in the past ... around 5 years ago i commited a minor stupid offence(kerb crawling) which I had to go to court and pleaded guilty), I paid 150quid fine for this .
since then I have extended my visa twice ( once as student and once when I switched to tier1).
i hopefully be granted ILR ( 10years basis ) by end of my curent visa , thats late 2011.
in the meanwhile im thinking of applying for temporary usa visa but I'm scared that my us visa might be rejected becasue of my past offence ...
Hi brother you don't need any help for solicitor in this case,all you need to tell me upspent conviction is that once if you have to first complete your sentence then appply for ILR or in simple words if you have any criminal offence first you have pay a plenty/complete a sentence whatever it would be then apply for ILR. as far as visa for US is concerned you don't need to worry about it because if you refused for a visa US wouldn't stamp your passport because they have finger print sysyem in place.without refusal stamp on your passport how the home office could know that you had applied for US visa.
if you are visiting some other country home office never ever have any problem regarding this bcz as long as you have treaty rights here in uk.
you have holidays you can travel anywhere in the world trhats not an issue.
thanks
Posted: Sat Apr 16, 2011 12:29 am
by ialacis
John wrote:ialacis, you were fined, which means a 5-year rehabilitation period. Is it at least 5 years since the date of conviction?
yes it is 5 years at least. i was fined 09/2005
Posted: Sat Apr 16, 2011 6:33 am
by John
ialacis, that being the case the conviction is "spent" and thus it is as if the conviction never happened. Proceed to apply for your ILR when you are time-qualified to apply.
Posted: Sat Apr 16, 2011 12:31 pm
by ialacis
John wrote:ialacis, that being the case the conviction is "spent" and thus it is as if the conviction never happened. Proceed to apply for your ILR when you are time-qualified to apply.
I still have to declare spent conventions or not?
Posted: Sat Apr 16, 2011 1:27 pm
by geriatrix
SET(O) application form wrote:Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed.
Posted: Tue Apr 19, 2011 11:59 pm
by ialacis
sushdmehta wrote:SET(O) application form wrote:Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed.
thanks guys.
should I apply thru an immigration lawyer? or its safe to apply myself?
Posted: Mon May 21, 2012 12:47 am
by ialacis
UPDATE: i managed to secure ILR, now i have been told by one of the lawyers that I can not apply for british citizenship , is thats true?
Posted: Mon May 21, 2012 12:54 am
by geriatrix
And the reason he says no is ...?
Posted: Mon May 21, 2012 7:31 am
by John
ialacis, congratulations on getting the ILR, but then, why not? It is good to get that update, even over a year after your previous post.
I too will be interested to read why it is suggested you cannot apply for Naturalisation. Or is it just suggested you cannot apply now, but can apply some time in the future?
Posted: Wed Aug 01, 2012 11:53 pm
by ialacis
sushdmehta wrote:And the reason he says no is ...?
he said no one with conviction can apply, regardless of offense nature and whether its spent or not, he wasnt taking it at all, his no 0208 830 3050
Posted: Thu Aug 02, 2012 7:08 am
by longshift
ialacis wrote:sushdmehta wrote:And the reason he says no is ...?
he said no one with conviction can apply, regardless of offense nature and whether its spent or not, he wasnt taking it at all, his no 0208 830 3050
This is not true.
Posted: Thu Aug 02, 2012 2:51 pm
by ialacis
longshift wrote:ialacis wrote:sushdmehta wrote:And the reason he says no is ...?
he said no one with conviction can apply, regardless of offense nature and whether its spent or not, he wasnt taking it at all, his no 0208 830 3050
This is not true.
thats what i thought, and i ended the conversation with him, he is a well known immigration solicitor , dnt know why he gave me such an advice thu.