ILR

[hyder]

I went to PEO Sulihull for my ILR and declared my following conviction,
"In November 2008, I was travelling on M40 at 79mph with traffic flow. I was stopped by a police officer for exceeding 70mph speed limit and issued me with 3 points and £60/- fine. I seeked advice from the officer to avoid points on my license. Police suggested me verbally to attend court and request the judge and its likelihood that judge will not issue points due to minor nature of offence. I opted to attend court in order to avoid points on my license but unfortunately on attendance judge issued me 3 points & £140/- fine which was paid off" but they PEO refused to deal with my conviction and suggest me to send application by post, Can anyone please suggest whats the likelihood of success in my case as this conviction is unspent yet in accordance to new home office rules.

Thanks in advance

[Polat]

this means that it is considered as a convicion in court ...
but why he asked to send it by post ??? is it becuase they want to look at it more .. or senior caseworker to deal with it !!!
he could refuse your application but he did not which is good sign hopefully

[geriatrix]

Check if you have a unspent conviction.

[hyder]

Thanks for the reply but I don't know what to do. I send it by post I could be refused and my fee will not be refunded. Can any body suggest what should I do.

Thanks

[xyz123]

Thanks for the reply but I don't know what to do. I send it by post I could be refused and my fee will not be refunded. Can any body suggest what should I do.

Thanks

Affraid no. There is always a risk of losing fee if application is rejected. You submit application with all required documents and complete the form truthfully declaring any potential conviction and then its out of your hands unfortunately.

[Polat]

I believe they want to check if he has an conviction in court or not .. thats all ...
if it is only FPN then it would fine but if not .. then it is their decision ...

[hyder]

Thanks for all suggestion it means to opt for court is itself a criminal offence. If I would have known that any fine from court will be treated as unspent for 5 years I would have never opted for that. I have studied Rehablitation act 1974 in detail it treats donkeys and horses in the same manner. Regardless of offence the unspent period is same either you have been charged £1 or £1000000000000 which is rediculous and not fair at all. People who claim that we bring every one to justice are giving false statement. Sorry for all this I am not happy at all, I have shown my concern to my local MP and he has written letter to home office
please mention chances of success so I can make my mind accordingly.

[geriatrix]

Do you even know if you indeed have a "conviction"? Or are you just assuming so?

[Polat]

Now this is really strange ... when the police officer missleaded you ...
I'm not convinced at all with such rules and it is un logical at all that someone spent 5 years in this country and becuase off speeding offence he might lose the right to stay here !!! Im pretty sure than more 80% of people here has got speeing tickets ...
I suggest you wait until they answer you then if they refused it i think you can appeal against it... there no judge hopefully will take the right from you to settle after 5 years lawfuly here becuase of retrorespective rules !!!
I'm very annoyed becuase of this as well.

[hyder]

Sushdmahta,

Any any fine from court is a conviction any unspent for 5 years, regardless of nature of offence and amount of fine

[geriatrix]

Sushdmahta,

Any any fine from court is a conviction any unspent for 5 years, regardless of nature of offence and amount of fine

Not necessarily! e.g. - offences committed when driving with international licences (non-EU) are dealt with by a court as a matter of procedure, but the offence may not lead to a conviction.

This said, you do seem to have an unspent conviction.

If a fixed penalty notice or fiscal fine has been referred to a court due to the nonpayment of the fine or if the notice has been challenged by the applicant and subsequently upheld by the court then this is treated as a conviction for the purposes of the 1974 Act (as amended) or Rehabilitation of Offenders (N. Ireland) Order 1978 and will attract a "spentâ€

[hyder]

Thanks for your reply,

In home office website under topic of 'What is an unspent conviction' , they have refer to Guide AN for further guidance of rehablitation period and under good character description (section 9) of the guidance http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf (nationality requirements booklet) its states that, "We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitablefor citizenship in all other respects. By “minor offenceâ€

[geriatrix]

The quoted text in my response above yours answers your question regarding "unspent conviction" - in context of both settlement and naturalisation.