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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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we applied for indefinite leave to remain last nov.28, 2011

Customer Question

we applied for indefinite leave to remain last nov.28, 2011 premium same day application, but the lady immigrattion officer told us that my wife (main applicant) and my two children can get ILR but mine will be hold because i've got traffic offense 42 months ago, someone drives my car having only a provisional license and no insurance...the lady said she will goin to keep on touch with me in a one week time, but it was almost 3 weeks but i never heard anything from uk border, do i have a chance to get mine as well to live with my family here indefinitely?? thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Can you tell me more about the offence please
2. What was the specific charge
3. Did you go to Court?
Kind regards.
Tom
Customer: replied 2 years ago.
1. permitting to drive with accord the license and no insurance ( no L plate)
2. 6 points penalty and 285 pounds penalty
3. didnt go to court because I plead guilty
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

If it was not a fixed penalty notice offence then they are permitted to take this in to account in determining whether of not you meet the criteria of being of “good character”:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

The above relates to citizenship but it also applies to applications for ILR.

They would be permitted to refuse the application because you do not meet the criteria as they are allowed to refuse if the offence is unspent. The offence would become spent under the Rehabilitation of Offenders act 5 years from the date of conviction.

If they view the offence as minor in nature then they may exercise their discretion if your application is otherwise free from defects. If they do you will receive ILR.

If they reject your application for ILR on this basis then you will have to apply for Further Leave to Remain so that you can stay here and reach the point at which the offence becomes spent. Your wife and children will receive ILR if their applications are free from defects and you will be able to apply for further leave to remain as their dependents or by way of extension to your current visa. It is highly unlikely that they would reject any application you make because of the offence because you would be able to argue your article 8 rights to to a family and private life and given that your wife would at that point have ILR this argument would be persuasive.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
what do you mean by if "my application is free from defects?" what example you may give for me?
so, my traffic offence conviction is still unspent because its only 3 1/2 years and it will be rehabilitated after 1 1/2 years, just in case my ILR will be refused in this occassion as husband can I re-apply after 1 1/2 year when my conviction will be spent? ( still my visa will expired 2013 of september).
Expert:  Thomas replied 2 years ago.
Hi,

"Free from defects" just means that you meet the eligibility criteria and have provided sufficient documentary evidence of this. If you missed some documents then this would be a defect, for example.

Your second sentence is correct. You can apply 5 years after the date of your conviction if it is not granted this time.

Kind regards,

Tom
Customer: replied 2 years ago.
I gave the magistrate office notice that states date of traffic conviction, kind of offence, I signed plead guilty document and including receipt for penalty fine of 285 pounds, is this a possible sufficient document?
why it takes a long time to hold our ILR application ( specifically mine as husband that have only a problem because of this traffic conv.) which we pay for premium same day application? the immigration lady officer told us that she will hold for a week?
Expert:  Thomas replied 2 years ago.
Hi,

That will be a sufficient document to disclose the existence of the offence, yes.

The fact that they are taking longer is probably a good thing - if the situation is as you have described and it wasn't dealt with by a Fixed Penalty Notice then they could reject it immediately. That they have not probably just means it has been passed up the food chain for consideration on whether to exercise discretion.

Tom

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