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ILR with traffic conviction - Post or Premium

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

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KautoStar
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Joined: Thu Mar 22, 2012 6:17 pm

ILR with traffic conviction - Post or Premium

Post by KautoStar » Thu Mar 22, 2012 6:20 pm

Hello everybody

Apologies for asking a question which has been carried on multiple threads but I needed some clear direction from the forum, hope that it will be appreciated.

Last July I was handed a court conviction on 2 counts.
• IN10 – driving without valid insurance
• LC20 – driving on provisional license

I never went to court, instead sent my guilty plea by post and was handed £800 fine and 6 points on my driving license.

I am eligible for ILR in May 2012 and have been scouring this forum for similar cases. I have come across posts where applicants have been granted ILR with unspent traffic convictions. Some immigration consultants I have spoken to say that my application will be declined due to IN10 which is a serious offence in most western countries. One consultant has advised that my case can be looked at but the application would be sent through post rather than premium service.

I am unsure as to what route to take, should I take a risk and apply (either by myself or through a consultant by post as suggested).
How will postal application make a difference to the outcome, this is a question I have not had a convincing answer to.
In case my ILR gets rejected will it have an impact if I decide to go for FLR extension on my current Tier1 visa?

Any advice from this forum will be gratefully received.

innocentdevil
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Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Fri Mar 23, 2012 4:14 pm

post/peo any should be fine.

makkan00
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Joined: Sat Jan 23, 2010 1:37 pm
United Kingdom

Re: ILR with traffic conviction - Post or Premium

Post by makkan00 » Fri Apr 13, 2012 11:37 pm

KautoStar wrote:Hello everybody


In case my ILR gets rejected will it have an impact if I decide to go for FLR extension on my current Tier1 visa?
Very important and very good question indeed.

Can anybody answer this?

KautoStar, have you found answer on it, and if yes, would you like to share please?

miyazi78
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Joined: Sun Oct 09, 2011 9:37 pm

Post by miyazi78 » Sat Apr 14, 2012 12:28 am

Well be good question , in my point of view what can I suggest you , go and check registry of judgement , whose keep all the court conviction .

First go to trustonline.co.uk , check is that come clean or not.
Second try to check your crb record.

Third if you are under hsmp program then you don't worry about conviction , coz hsmp jr is not covered by criminalty threshold.

Thanks
Miyazi

makkan00
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Posts: 112
Joined: Sat Jan 23, 2010 1:37 pm
United Kingdom

Post by makkan00 » Sat Apr 14, 2012 7:08 am

miyazi78 wrote:Well be good question , in my point of view what can I suggest you , go and check registry of judgement , whose keep all the court conviction .

First go to trustonline.co.uk , check is that come clean or not.
Second try to check your crb record.

Third if you are under hsmp program then you don't worry about conviction , coz hsmp jr is not covered by criminalty threshold.

Thanks
Miyazi
Thanks.

trustonline.co.uk is up for sale. Any other way of checking the things.


Also question is very hard to answer, I guess somebody will answer this,

Will rejection in ILR effect FLR, as if ILR is rejected, one can go for FLR I guess. And for FLR, I am under the impression, things are 'should' rather 'must'.

Thanks.

miyazi78
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Posts: 33
Joined: Sun Oct 09, 2011 9:37 pm

Post by miyazi78 » Sat Apr 14, 2012 11:24 am


makkan00
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Joined: Sat Jan 23, 2010 1:37 pm
United Kingdom

Post by makkan00 » Sat Apr 14, 2012 12:50 pm

Thanks very much.

Can anybody suggest what is best way to get CRB done?

innocentdevil
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Post by innocentdevil » Sun Apr 15, 2012 11:42 am

makkan00 wrote:Thanks very much.

Can anybody suggest what is best way to get CRB done?

disclosurescotland or any other company would be fine. do a standard check.


also, re-CCJs, noone would get a CCJ without knowing about it first until unless you have changed many addresses and never picked up correspondence from previous addresses.

Most of the companies taking you to the court for the reasons for money-owed exectra do post letter of their intentions to do so before going ahead. so I wouldn't worry about it but like i said if you do a CRB check, you will know if theres any

makkan00
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Joined: Sat Jan 23, 2010 1:37 pm
United Kingdom

Post by makkan00 » Sun Apr 15, 2012 11:48 am

innocentdevil wrote:
makkan00 wrote:Thanks very much.

Can anybody suggest what is best way to get CRB done?

disclosurescotland or any other company would be fine. do a standard check.
Thanks mate. I am not much worried about CCJs.

KautoStar
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Joined: Thu Mar 22, 2012 6:17 pm

ILR approved!

Post by KautoStar » Fri May 04, 2012 3:34 pm

People on the forum

I just wanted to provide an update on my status. I received my ILR this week. It was same day premium service at PEO Croydon. Went in at 0830 and my ILR was approved by 1230 :D
There were the usual IT issues but thankfully no major delays.

So to people who worry about driving convictions, do not listen to some of the fear mongers on the forum. There were some specialist immigration consultants whom I spoke to and even they said my case would not be approved. But here I am. :D

I guess it depends on the discretion of the caseworker and also the kind of documents submitted. If all documents are in order and also if you are within the threshold of 180 days, there should be no problems in obtaining ILR. My convictions were declared on the form (even took the court summons and court fines as evidence) and just to add I did not do any of the CRB checks.

Hope this helps. Onwards & upwards now to GOD SAVE THE QUEEN….

makkan00
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United Kingdom

Post by makkan00 » Fri May 04, 2012 8:07 pm

Congratulation Kauto Star.
Thanks for encouraging other.
I must say, you took very bold step and applied without checking CRB or any other thing.

asser
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Location: LONDON

Post by asser » Thu May 10, 2012 9:48 pm

Hi Kautostar

Many many Congrats - Weldone mate and thanks for sharing your experience my appointment is on 22nd at Solihull, i had traffic offence in 2010 IN14 (Insurance Offence) just want to know if you tick YES where it says do you have any criminal convictions or traffic offences? i just don't want CW to think i am admitting to criminal conviction, i have recently did my CRB and PNC which came clear.

and also did you write in detail the whole incident which led to this offence? please let me know and any suggestions will be appreciated - thanks

Regards

asser
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Post by asser » Thu May 10, 2012 9:52 pm

Sorry forgot to mention i was given 6 points and 425 fine (IN14)

makkan00
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United Kingdom

Post by makkan00 » Thu May 10, 2012 10:33 pm

Asser whatever will be outcome of your application, you promise that you come and share with people as they would learn from your scenario mate.

I would strongly suggest you to mention it on the form. Mentioning does not mean that you are admitting the crime, however it shows your honesty.
If by any chance they get your offence out, you will be labelled as dishonest and will be struck off the list.

All the best.

asser
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Joined: Fri Apr 13, 2012 1:50 pm
Location: LONDON

Post by asser » Tue May 29, 2012 8:29 pm

Dear All

Thank you for all your help, i would like to share my experience for ILR application.

Went to PEO at 8:15 for 9:00 o clock appointment, went through security checks and at 8:45 was asked to go for interview with case worker, he went through my documents in detail and then asked me about my traffic offence and told me because i went to court my application will not be successful, i showed him my CRB and PNC check and explained him that there are no convictions showing on both certificates. He said that he will do the some checks and if anything comes on the system then my application will be unsuccessful and asked me if i would like to go ahead with the payment which i agreed to, i then went for my Biometric where I got told that their will a wait of about 2 hrs, so i went out to grab a coffee, came back after 30mins and was told that my application was successful, total time took to process the whole application was about 1hr 45 mins.

makkan00
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Joined: Sat Jan 23, 2010 1:37 pm
United Kingdom

Post by makkan00 » Tue May 29, 2012 8:33 pm

Congratulations Asser.
I assumer from your response that you have declared your offence, however you checked CRB and police report and you were clear.
you took the plunge and got the ILR.

Many many congratulations.

asser
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Location: LONDON

Post by asser » Tue May 29, 2012 8:38 pm

Thank you! Yes i declared my conviction

Joybv
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Post by Joybv » Tue Jun 19, 2012 9:25 pm

Thank you for sharing. It made my friend feeling a lot better because her dependent "husband" almost have the same problem with you. 2 convictions driving a motor vehicle without insurance and no driving licence. They're due to apply this July through PEO. Police check was done showing the convictions. I'm just praying that all will go well for them.

jojo007
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Post by jojo007 » Sat Jul 21, 2012 2:05 pm

Kautostar pleAse check pm message thanks

ali_khan03008
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Post by ali_khan03008 » Sat Aug 04, 2012 5:48 pm

Dear all,

I am applying ILR in jan 2013, i got three points FPN due to not follow the traffic sign. I applied the extension last year and mentioned this on my application. The case working make special note on my approval letter saying UKBA consider all type of FPN as conviction and i must have to declare this in my future application.

I am not sure if points spent in three years or five years ? will i be ok in my ILR ?

nshamid
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Post by nshamid » Sat Aug 04, 2012 10:06 pm

ali_khan03008 wrote:Dear all,

I am applying ILR in jan 2013, i got three points FPN due to not follow the traffic sign. I applied the extension last year and mentioned this on my application. The case working make special note on my approval letter saying UKBA consider all type of FPN as conviction and i must have to declare this in my future application.

I am not sure if points spent in three years or five years ? will i be ok in my ILR ?
FIrst thing FPN is not a conviction unless points issued in court with fine. Secondly, I got my ILR last month while I had unspent traffic conviction. 5 points issued by court with £300 fine. Case worker looked at the conviction page, but didn't pay any attention to it even though I have entered all my details.
So don't worry and apply in confidence.

imranazhar
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Post by imranazhar » Thu Nov 29, 2012 2:59 am

HELLO all my ILR due via HSMP Tier 1 rout in next month i got 6 points IN10 and pay fine £150 in jan 2012 i am scared please guys help me can i get my ilr with my family? appreciated if any 1 reply me,
regards

pure desire
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Post by pure desire » Thu Nov 29, 2012 12:00 pm

how do u guys do CRB, FPN and PNC checks or any similar checks done ?

wpilr_nov12
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Post by wpilr_nov12 » Thu Nov 29, 2012 12:09 pm

pure desire wrote:how do u guys do CRB, FPN and PNC checks or any similar checks done ?
http://www.immigrationboards.com/viewtopic.php?t=74587
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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