TFL CONVICTION`S AFFECT ON ILR-M APPLICATION

[cruel_tfl]

Dear All

I was convicted a few months ago for the sentenced called "traveling on railways without paying a fare".

I am applying for ilr-m in 3-4 months time and feeling that home office might refuse my application.

I am in civilpartnership so we are gay couple and thats way we cannot live as gay partners in my home country which is a muslim. Also my family members dont know about my relationship nor my sextual oriantation !

If home office refuse my application our family life will be under risk and damaged !

I work for a campany here for over 1 year and got all the documents ready to apply plus life in the uk test and b1 certificate etc.

Everything is ready but criminal record !

Home offices web site is absolutly confusing and dont know what to do.

Our lawyer from lgbtt asks £ 500 just to find out if that would affect or not ....

Please i need some advice. We are really having such bad days and need some support if possible...

Thanks to everyone

[Amber]

You should be ok so long as the criminal conviction is not recorded on your criminal record (request a SAR PNC Check from your local police station).

[cruel_tfl]

You should be ok so long as the criminal conviction is not recorded on your criminal record (request a SAR PNC Check from your local police station).

first of all thanks for the idea. I just filled the form which i printed out and going to post it tonight.They say they will response it within 40 days but i guess my conviction will be shown there because it is a criminal record .
http://www.acro.police.uk/subject_access.aspx

Home office`s web site shows this information :

Paragraph 322; Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused
(1C) where the person is seeking indefinite leave to enter or remain:
(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Paragraph 322 does not apply to applications for leave to remain under Appendix FM but you would not be applying under that but under the old Rules. [A320. Paragraphs …322 do not apply to an application for …leave to remain as a Family Member under Appendix FM],

So Paragraph 322 looks like it would apply to me. If it does then i would face a mandatory refusal if i applied for ILR.

[Amber]

Like I said see if it recorded, if it is you'll have to extend on FLR(M) if not then SET(M).

[cruel_tfl]

Like I said see if it recorded, if it is you'll have to extend on FLR(M) if not then SET(M).

as everyone i wouldnt like to apply for flr-m again and pay money plus lose my rights etc. I wonder if i apply to ilr would they just refuse it or give flr-m instead of ilr-m

(if it will happen i will take it to court)

[cruel_tfl]

i got my status before july 2012 so i am under old rules but dont know how it works in this case

[Amber]

Like I said see if it recorded, if it is you'll have to extend on FLR(M) if not then SET(M).

[cruel_tfl]

Hi friends

I got my PNC letter which shows no record.

My court case was heard on the 5th of March and they sent me this letter on the 27th of May. So almost 3 months past and still showing no record.

What do you think guys ?

I am applying for ILR on 26th Augusut. And i am going to ask for another PNC in the begining of July so it will take about 40 days to be delivered.

If that wouldnt show any records then i guess i wouldnt mention anything in my ILR applications.

Do you have any comments ?>

[Amber]

Should be ok, a conviction will still need to be declared.

[greenvilla]

amber is absolutely right
Thnx

[greenvilla]

That's not a right choice not to mention it in the ILR. you should mention it because it does not appear in your pnc check so not to worry. I am in the similar situation and would mention it.
Thnx

[cloud99]

I am also in a similar situation. I will be applying for ILR(under 10 years LR) around end of august. I had tfl conviction (court fine) in Feb 2008 and I am confused whether to mention or not in ILR application.
1. Some people suggested because it's a spent conviction. i do not need to mention it.
2. Also, i asked several times back in 2008 to the clerk in the court regarding the conviction declarations for visa or jobs, and the lady mentioned that i do not need to mention it because this is a non record able offence.
3. i extended my visa twice after my conviction in 2008, and In complete ignorance, thinking that this is just a normal fine as well response from clerk, i did not mention in the application form previously,(both the time i was granted a visa without any issues) now going through this forums and a discussion with some other friends it seems that i have to mention that conviction. I am now worried on being questioned by the home office that why i didn't mention the conviction in the previous applications. Could that create another issue and can that be a reason for refusal in ILR (under 10 years LR)?

It is indeed very much confusing based on the response on this forum and word from the clerk as well as facts by applying a visa and got approved previously.

Many thanks in advance, quick response will be much appreciated.

Thanks again.

[Amber]

It doesn't matter if it's 'spent' or not. You must declare all convictions.

[cloud99]

Many thanks AMBER

but the main worry is - that the case worker may refuse my application saying that I haven't declared it before and so I used deception last time when got my visa extended?

[Amber]

Well, yes they could.

[cruel_tfl]

Dear Friends & Amber

I would like to let you know that i got my indefinite visa (brp card) on 26th of august with my in person application.
I want to explain somethings as what happened on the day !

I asked so many people & Lawyers for what to do and asked here as well.

First would lile to thanks amber because he mentioned me to get a PNC letter (criminal record check)
I got PNC letter twice and the last one was dated 20 days before my appointment. There was no records.

What did i ?...

1 ) I prepared my file and submitted in. Also i took another litte file for in case if there could be some things going wrong.

What was including in that 2nd file ?

2 ) My PNC letter , A supporting letter written by my MP , Emails between me and criminal record officer.
I mentioned everything and asked to the officer and he said if there is no record it means you dont have any conviction. So i put all of them in a second file and took with me.

3 ) On the set-m application form there are so many questions about convictions etc. I answerd saying no for all of them.

Any way i got my visa without any problem and would like to thank everyone who were commenting in this matter. Also thank amber specially because he told me to check with PNC. That opened the doors for me...

I want to share my file here but dont laugh because it is too much I know but i wanted to take a big file to show a strong app

Thanks everyone.

Thats my cover letter.

My name
My address

Home Office
SET (M)
Indefinite Leave to Remain
Lunar House
40 Wellesley Road
Croydon , Surrey
CR9 2BY

Date: 25 August 2014

Dear Sir/Madam,

Re: Application for Indefinite Leave to Remain as a partner of person present and settled in the UK

I write to apply for indefinite leave to remain on basis of civil partnership with Mr xxxxx. I and my partner formed a civil partnership on 15 August 2012 and I was granted leave to remain as a partner of a person present and settled in the UK on 21 September 2012. Please note that my application was granted before 09th July 2012 and therefore my application falls to be considered under the immigration rules before the 09th July 2012.

I entered the UK on 05th July 2012 as a prospective civil partner of Mr xxxxx and was later granted Further Leave to Remain as a civil partner of Mr xxxxx on 21 September 2012. I confirm that we have been living together at the above address since I entered the UK.

I hereby confirm that my relationship with my partner is genuine and subsisting. Please find attached supporting evidences of our relationship and my residence with my partner. I also confirm that we have been able to support ourselves without resource to public funds. I have been working at xxxxxxx as a general assistant since 20 May 2013 and have been receiving monthly salary of over £xxxx. My partner’s monthly income is as follow; state pension of over £xxxx and disability allowance of over £xxxxx, in total over £xxxx.

I would like to confirm that we will continue to live at the above property as civil partners. Please find attached the following documents to support my application for indefinite leave to remain in the UK

1. Cover Letter
2. SET (M) Application Form (06.2014 version) & Premium Service Appointment Details
3. 2 passport sized photographs of myself
4. 1 passport sized photograph of my partner Mr. xxxxx
5. My passport
6. Copy of my passport and copies of my visas
7. My partner's passport
8. Copy of my partner's passport
9. Residence Permit Card valid until 21st Sep 2014
10. Copy of My residence permit card
11. Civil Partnership Certificate
12. Copy of Civil Partnership Certificate
13. Life in the UK test certificate
14. Copy of Life in the UK test certificate
15. Trinity B1 Certificate
16. Copy of Trinity B1 Certificate
17. Cambridge English A2 KET Certificate
18. Copy of Cambridge English A2 KET Certificate
19. Dxxx Istxxx English School : Advanced Certificate
20. Copy of Dxxx Istxxx English School : Advanced Certificate
21. Provisional Driving Licence
22. Copy of Provisional Driving Licence
23. Anadolu University - Business Administration - Bachelor Degree Diploma
24. Copy of Anadolu University - Business Administration - Bachelor Degree Diploma
25. UK Naric equivalence certificate of my Bachelor Degree
26. Copy of UK Naric equivalence certificate of my Bachelor Degree
27. 15 of My payslips from xxxxxxx
28. Copies of My payslips from xxxxxx
29. xxxxxx employment contract : May 2013
30. Copy of xxxxxx employment contract : May 2013
31. xxxxxxxxx Retirement Saving Plans : August 2013
32. Copy of xxxxxxxx Retirement Saving Plans : August 2013
33. 2 of P60 and a Paye notice
34. Copy of P60 and a Paye notice
35. Employment reference letter from xxxxxx
36. Copy of Employment reference letter from xxxxxxx
37. 3 of Aqua Credit Card Statements
38. Copies of my aqua credit card statements
39. 3 of Barclays Credit Card Statements
40. Copies of my barclays credit card statements
41. 6 of Barclays Debit Card Statements
42. Copies of my barclays debit card statements
43. 3 of Talk Talk Bills
44. Copies of talk talk bills
45. 3 of Vodafone Bills
46. Copies of vodafone bills
47. 2 of Santander Basic Account Statements
48. Copies of santander basic account statements
49. 3 of Barclays Saving Account Statements
50. Copies of barclays saving account statements
51. 3 of Three Bills
52. Copies of three bills
53. NHS : Confirmation Letter of my NHS Number
54. Copy of my NHS number
55. NINO : Confirmation letter for my National Insurance Number
56. Copy of my national insurance number

List of documents addressed to my partner Mr xxxxxx:


57. 3 of Sky Bills
58. Copies of sky bills
59. Investments in Gold (Reco Commodities)
60. Copies of these inverstments in Gold ( Reco Commodities)
61. Npower Bill
62. Copy of Npower bill
63. 3 of T-Mobile Bills
64. Copies of T-Mobile bills
65. Santander Debit Account (432xxxx) for 6 months
66. Copies of Santander Debit Account (432xxxx) for 6 months
67. Santander Debit Account (803xxxxx) for 6 months
68. Copies of Santander Debit Account (803xxxxx) for 6 months
69. Santander Debit Account (419xxxxx) for 6 months
70. Copies of Santander Debit Account (41xxxxx) for 6 months
71. Pension payslips from Hammersmith & Fulham Council for 6 months
72. Copies of Pension payslips from xxxxxxxxx Council for 6 months
73. Pension confirmation letter dated in 2014
74. Copy Pension confirmation letter dated in 2014
75. Disability Living Allowance (DLA) confirmation letter dated in 2014
76. Copy of Disability Living Allowance (DLA) confirmation letter dated in 2014

List of documents addressed to both of us:

77. Council Tax : Periods - 2012 - 2013 and 2013 -2014
78. Copies for our council tax statements
79. 3 of Statements of Rent Account
80. Copies of rent account's statements
81. Barclays Joint Account Statements for 5 months
82. Copies of our joint account statements
83. 3 of Scottish Power Bills
84. Copies of our scotish power bills
85. 2 of Sainsbury's Energy Bills
86. Copies of our Sainsbury's energy account's bills
87. 3 of Thames Water Bills
88. Copies of our thames water bills
89. 3 of Barclays Euro Account Statements
90. Copies of our barclays euro account statements
91. HC2 Certificate : for 2013 and 2014
92. Copy of HC2 Certificate : for 2013 and 2014
93. Housing : Right to Buy Documents
94. Copy of our right to buy documents
95. Travel Documents & Some Letters and Cards & Pictures

I would be grateful if you could assist me with my application and grant indefinite leave to remain. If you require any further information or documents please do not hesitate to contact me.

Thank you for your assistance.

Yours faithfully,

xxxxxx xxxxxxxxxxx

[cruel_tfl]

no comments for my previus message ?

[Amber]

Congratulations.

[cruel_tfl]

Thanks...

Hope this information would be helpful & Useful for others too...

[Amber]

I'm sure it will be, thanks.

[cloud99]

I am also in a similar situation. I will be applying for ILR(under 10 years LR) around end of august. I had tfl conviction (court fine) in Feb 2008 and I am confused whether to mention or not in ILR application.
1. Some people suggested because it's a spent conviction. i do not need to mention it.
2. Also, i asked several times back in 2008 to the clerk in the court regarding the conviction declarations for visa or jobs, and the lady mentioned that i do not need to mention it because this is a non record able offence.
3. i extended my visa twice after my conviction in 2008, and In complete ignorance, thinking that this is just a normal fine as well response from clerk, i did not mention in the application form previously,(both the time i was granted a visa without any issues) now going through this forums and a discussion with some other friends it seems that i have to mention that conviction. I am now worried on being questioned by the home office that why i didn't mention the conviction in the previous applications. Could that create another issue and can that be a reason for refusal in ILR (under 10 years LR)?

It is indeed very much confusing based on the response on this forum and word from the clerk as well as facts by applying a visa and got approved previously.

Many thanks in advance, quick response will be much appreciated.

Thanks again.

I thought I can share the good news and i am sure this will help others with similar situation as mine. I have just received my ILR approval letter today along with my passport and now I am waiting brp.

Just 3 months ago I was very much confused and nervous to submit my application due to the above tfl penalty. (concerns quoted above)

i will answer my own questions now -
1 & 2. Make sure you mention - even thou this tfl conviction is not listed anywhere not even on pnc record.
3. i didn't mention in few of my previous applications but that was due to complete ignorance, i listed this conviction under civil penalty and i added an extra notes at the end explaining that this was almost 5 years ago and this is not a criminal conviction or ccj.

luckily , just before submitting my application i came across a very strong source, who advised me very accurately regarding this.

hope this info will help others

Good luck and thanks to the contributing members - you really make a good difference when someone is in tough situation.

Regards