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ILR after court summons for speeding

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Riya123
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ILR after court summons for speeding

Post by Riya123 » Sun May 29, 2011 12:09 am

Hi,
I am eligible for ILR in september 2011 after spending 5 years on the Tier 1 general (HSMP) visa. I received court summons for speeding 20 mph above the speed limit in June 2010. I plead guilty and was given 4 penalty points and a 450 pound fine. I was wondering if this would impact my ILR application? If it would and I was likely to have my application refused, which other category could i apply under? I am a surgeon and have a contract until July 2015.
Thanks

geriatrix
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Post by geriatrix » Sun May 29, 2011 12:30 am

The husband?

1. Check if you have an unspent conviction.
2. If you have one, forget about ILR until the conviction becomes spent. Apply for Tier 1 (General) extension as and when it is due.
Life isn't fair, but you can be!

Riya123
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Post by Riya123 » Sun May 29, 2011 12:58 am

Hi
Yes it is the husband. thank you for your prompt reply.
Will try to find out if I have any unspent convictions.
But if i do will i stillbe eligible to apply for extension on Tier 1 general despite spending my 5 years on tier 1 general(HSMP) visa.
If yes how long will the visa be for.
thanks

geriatrix
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Post by geriatrix » Sun May 29, 2011 1:05 am

Riya123 wrote:But if i do will i stillbe eligible to apply for extension on Tier 1 general despite spending my 5 years on tier 1 general(HSMP) visa.
Yes.
Riya123 wrote:If yes how long will the visa be for.
See 245CB.
Life isn't fair, but you can be!

Riya123
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Post by Riya123 » Sun May 29, 2011 1:14 am

thanks a lot

dr_raihan29
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Post by dr_raihan29 » Sun May 29, 2011 9:39 am

sorry for asking a rather daft question but if the ILR is due in sept2011 isn't she covered by the JR and exempt from criminality threshold?

Riya123
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Post by Riya123 » Sun May 29, 2011 1:04 pm

What is JR.. (I know this is another daft question)

geriatrix
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Post by geriatrix » Sun May 29, 2011 1:07 pm

When did you apply for Tier 1 (General)? And what was your immigration status before Tier 1 (General)?
Life isn't fair, but you can be!

Riya123
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Post by Riya123 » Sun May 29, 2011 1:24 pm

///My bad///
Last edited by Riya123 on Sun May 29, 2011 4:30 pm, edited 2 times in total.

Riya123
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Post by Riya123 » Sun May 29, 2011 3:01 pm

For your convenience, let me split up my Visa Status since my arrival to UK:

1. Type:C Valid from :3/3/2005 Valid to:3/9/2005

2. Type:Visa Post Graduate Doctor Valid from :21/07/2005 Valid to:21/07/2007

3. Type:Visa Highly Migrant Programme Valid from : 3/10/2006 Valid to: 3/10/2008

4.Type:Tier 1 (General) Migrant Valid from :14/10/2008 Valid to:14/10/2011

geriatrix
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Post by geriatrix » Sun May 29, 2011 3:11 pm

Riya123 wrote:I am on Tier 1 General since 3/10/2006.
There was no Tier 1 (General) in 2006!

Is it the wife or the husband writing this post?

The husband would have known and understood the difference - that he applied for HSMP in 2006 and not Tier 1 (General). So may I request that you two create individual IDs to post rather than assuming the other's identity (also helps avoid confusion).

Anyhow, thanks to the "daft" question raised by dr_raihan29, it is clear that the main migrant is covered by HSMP JR and therefore not subject to the new criminality threshold requirement for settlement (245CD(a)).
Last edited by geriatrix on Sun May 29, 2011 4:02 pm, edited 1 time in total.
Life isn't fair, but you can be!

Riya123
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Posts: 19
Joined: Thu Apr 14, 2011 2:03 pm

Post by Riya123 » Sun May 29, 2011 3:57 pm

sushdmehta wrote:
Riya123 wrote:I am on Tier 1 General since 3/10/2006.
There was no Tier 1 (General) in 2006!

Is it the wife or the husband writing this post?
Yes it is the wife (myself) who had written the previous 2 posts as I happened to check your question and my husband was away. I had already realized the mistake in the first post (that you have stated) and you might see in my second post, made the changes and gave his corrective Visa status. Anyhow I do realize, it might be confusing to have 2 people use the same id to put their understanding and queries. So what I will do is leave this id for questions to be posed by my husband. Sorry for the confusion, and thanks for being so prompt in replying.
sushdmehta wrote:Anyhow, thanks to the "daft" question raised by dr_raihan29, it is clear that the main migrant is covered by HSMP JR and therefore not subject to the new criminality threshold requirement for settlement (245CD(a)).
Yes, Many Thanks dr_raihan29, for bringing to light the JR policy and pointing in the right direction!!!!

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