Conditional discharge and no driving insurance

[technet247]

Good evening,

I have a 12 months conditional discharge from October 2005 and I have a driving conviction of no insurance (5 points and £200 fine) from October 2012 as forgot to renew insurance.

I am currently on 10 years family route and now it is time to apply for ILR. So far we have made 4 FLR applications and all have been approved. The previous solicitor who made our FLR applications has never disclosed the above two conversations in any of the applications stating that if they are not no DBS we don't need to disclose them.

Now I have a different solicitor and he is stating that we should have disclosed both conversations on all previous applications. When reading through various articles I understand that we have made a major mistake by not disclosing them previously.

Can someone please help me what should I do as I might be refused for deception even if I disclose it or do not disclose it? I have a British citizen daughter who is going to be 18 in May.

Any help would be highly appreciated.

Thank you.
RP

[zimba]

While you should have declared these in the past, they were not affecting the decision to begin with, so it did not really matter. What happened over a decade ago should not matter. Just declare and forget about them when applying for ILR. They are not important at all and will not affect you at all. The solicitor is overacting

Non-custodial sentences and out of court disposals are approached pragmatically. UKVI considers various factors when making decisions. They do not just refuse an application for a minor issue in the past, regarding criminality

Read --> https://www.gov.uk/government/publicati ... -disposals

[technet247]

Thank you Zimba for the reply.

Can Home Office take previous non disclosure as deception and revoke my existing leave to remain which is valid till October 2027? If home office decides to do that I will have major problem as I would not be able to work and pay mortgage and bill and will not be able to support the family.

My major worry is the previous non disclosure and if all of a sudden I disclose after 11 years. Home office considering this as a deception.

How do I approach the previous non disclosure in the ILR application please?

Do I explain the reason in my application letter for the previous non disclosure or should I just disclose it on the application form and not mention anything about the previous non disclosure in the letter?

I saw another solicitor and he stated that if you have not disclosed previously dont disclose it in ILR.

I am so confused. Please help.

[zimba]

You have been seriously mislead by a solicitor to think this is a major issue. This is a total non issue which has absolutely no adverse effect on your ILR. There is no deception, as these were not relevant facts that would have altered the course of those applications. Ignore the solicitor and aim for ILR. Your worries are totally baseless

[technet247]

Thank you Zimba.

You are absolutely right. I have seriously been miss led by the solicitors. Additionally reading all the online articles about deception etc. did not help as I am an over thinking person.

I guess the more I am afraid, the more money they can charge.

Do you recommend a good solicitor who can do the application on my behalf please?

[zimba]

You do not need a solicitor to apply.

[technet247]

You do not need a solicitor to apply.

Hi Zimba,

I am ready to apply for ILR.

Do I have to write an explanation in the covering letter to the home office why I failed to disclose conditional discharge and no insurance previously or just disclose in the form and not write anything in the covering letter?

Also, I came to UK on student visa in AUG 2004 and went back to home country in JAN 2010 and returned to UK in July 2010 on spouse visa. Which date do I write in the application form for the question of "when did you first arrive in UK". AUG 2004 or JUL 2010 please as I entered UK on a different visa category in July 2010.

[zimba]

You do not need a cover letter at all. The date you first entered the UK is self-explanatory. This has no relevance to your ILR decision making

[technet247]

You do not need a cover letter at all. The date you first entered the UK is self-explanatory. This has no relevance to your ILR decision making

Hi Zimba,

I have made the ILR application. Will keep you posted with the update.

Thank you for your help.

Kind regards,
RP