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In great trouble... needing urgent advise

Posted: Mon Feb 06, 2012 1:08 pm
by double_trouble
Dear All,
I come to know about this form from one of my friend who got great good help on his ILR, so i am hoping i will get some help my issue here.

i am on Tier-1 (General)3 years visa just now , i was on HSMP for 2 years since may 2007.my ILR is due in May 2012. now, here's problem.
last week i had been charged with Failure to Stop and Failure to report to Police because i bumped onto car while reversing my car in Tesco Car park.i didn't know that there was a car behind me so i drove off. (that was my life's greatest mistake, i should have got out and should have looked what had happened), Police officer told me that i have been charged with above two conducts and i will get fine & penalty point or both. and it would take up to six months to get decesion from procurator fiscal. here's my querry-
1. would these punishments come under Criminal offences or Road traffic offences.
2.If i apply for ILR and if i don't have anything from court by that time and i declare above charges on my application. Would it be straight forward rejection from home office?
3.once i get fine and points on my licence, do i need to wait till certain time before i apply for ILR.
4. If i apply for my Tier-1 General extension, will they refuse my application on the ground of above charges?
sorry these incident has stolen my sleep and i am in constant worries that what would happen to me and my family if i don't get extension.

Thanks everyone in advance.

Posted: Mon Feb 06, 2012 1:52 pm
by doubletrouble
Hi brother

If you are convicted court before your 28 day prior to eligibility- I am afraid you will have to wait for 5 years from the date of conviction to have it spent.

If you are not convicted by then I would still mention but it will be in the hands of caseworker. It is possible you may get ILR.

I don't think this will affect your extension.

Doubletrouble

Posted: Mon Feb 06, 2012 2:20 pm
by double_trouble
hi, thanks. the Police officer told me that i will get fine & points on licence or both if i plea guilty (which i am going to..) but can't say until i get any official letter from court. if i don't plea guilty it will go to court which i want to avoid, i don't want to involve court on this. and it was my mistake anyway. for safe side i would like to extend my tier-1 and then after few months i will apply ILR. but i just want to know these charges would affect my tier-1 extension?

Posted: Mon Feb 06, 2012 2:31 pm
by Obie
If you get an unconditional discharge or probably a point on your licence, you should be alright to apply for ILR much sooner than 5 years.

Posted: Mon Feb 06, 2012 2:32 pm
by drzeevoh73
No, they wont effect your Tier 1 Extesion and for me it wont effect your ILR as well, as long as you dont get fined by a Court.

Posted: Mon Feb 06, 2012 2:51 pm
by double_trouble
Does anyone know punishments/fines by Procurator fiscal(scotland) is same as Court conviction?
Are these pending charges would affect my Tier-1 extension.
does anyone know good immigration consultant/lawyer who could give me insight on this kind of problem.
also, does anyone know a trick to book an online appointment for Tier-1 General ext. i can see lots of slots for ILR but none coming for Tier-1 general.

Posted: Mon Feb 06, 2012 5:00 pm
by doubletrouble
I had similar offence (now spent) I pleaded guilty. The letter came from court so it doesn't matter if you plea guilty or not it still needs to be spent.
double_trouble wrote:hi, thanks. the Police officer told me that i will get fine & points on licence or both if i plea guilty (which i am going to..) but can't say until i get any official letter from court. if i don't plea guilty it will go to court which i want to avoid, i don't want to involve court on this. and it was my mistake anyway. for safe side i would like to extend my tier-1 and then after few months i will apply ILR. but i just want to know these charges would affect my tier-1 extension?