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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13323
Experience:  Solicitor
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I am eligable for ILR from March this year. In Octeber last

Customer Question

<p>I am eligable for ILR from March this year. In Octeber last year I hit a car and was later found to be driving in excess. I was charged with leaving the scene of an accident and driving in excess. I was sentaced to 200hrs community service and a 24mth ban. My question is, if I apply before the 6th of April this year will my application be sucessful? Or will I fail under "good character" guidelines? Can you give ay advise on how to present my application in the best way... PEO vs Postal, Character refences etc</p><p>I am currently on an Ancestry Visa that expires in March 2015.</p><p> </p><p>Thanks!</p>
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
Technically you do not have to pass the good character test to obtain ILR remain provided you submit your application before 6th April although there is always a discretion to refuse an extension on assessment of character. if you want to be sure of getting it done by 5th April you should apply in person.

If your application is received after 6th of April you will be refused if the new rules are implemented. You will have to wait until your convictions expire.
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.



Thanks for this.


How do then address this "assessment of character" issue? Also, I have seen on other forums that the Case Workers at the PEO are not able to make decisions like this... is this correct?

Expert:  Senior Partner replied 5 years ago.
Apologies for the delay in response. The fact is that character is not a specific requirement for ILR and so far as I can recall is not covered by the application form so tif you meet the general requirement there is not reason ot refuse you. However whether you decide to apply in person or by mail you must get the application in before the 6th of April otherwise you will be refused and will have to wait until your conviction has expired which will be 5 years. I cannot see why you cannot apply in person but even if you get no decision you will not be worse off ( apart from the fee) than sending it in and waiting.

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