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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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i am a doctor who spent 10 years (feb 2011) in uk (lawful)

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i am a doctor who spent 10 years (feb 2011) in uk (lawful) no breaks more than 2 weeks max for holidays. i am also on tier 1 visa at present expiry 25 july 2011 (COPLETED 5 YEARS). i have 1 unspent speeding offence from jan 2007. I need to extend or apply for indefinete leave to remaine or anything to finish my training as doctor. what shall i do i am in bad state. hamad
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Dear Hamad,

 

I would suggest you make your application for ILR now. I appreciate you have an unspent speeding conviction, however, the UKBA 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 suitable for grant of leave in all other respects. By 'minor offences' it means speeding or other 'regulatory' offences.

 

Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.

 

Thus, if you were found guilty of speeding, this would constitute a minor offence.

 

In any event, if your application for ILR is refused, you would then have sufficient time in which to apply for Further Leave to Remain if you had to.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
thank you for your answer i feel much better . you think they can make allaowence for offence like this despite what they say there website about new threshhold of criminality and unspent convection. Do u thing i should apply for ILR through the 10 years long stay route or 5 years tier one rute.


Thank you

Hamad
Expert:  INC replied 5 years ago.

Hi,

 

I would suggest you make the application under the 5 year routs as the application should not take as long to process as it does for the 10 year long residence route.

 

And yes, they do apply some discretion to 'minor offences', of which speeding is deemed as a minor offence.

 

If it makes you feel better, I suggest you have a immigration lawyer prepare your application for you.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC and other UK Immigration Law Specialists are ready to help you

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