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UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Just to give my immigration background, I came to UK in sep

Customer Question

Just to give my immigration background, I came to UK in sep 2003 on student visa, then in OCT 2006 I acquired UK work permit which was switched with TIER 1 General in May 2009. So, now I have completed my 5 years stay to make me eligible for applying ILR, Howvere, I was convicted of driving without insurance in feb - 2009 (original offence date: 1st Jul 2008) for which I was fined £500 and 6 points on the license, In addition same year OCT 2008 (convicted - Mar 2009) I was fined for soil part of the train on the south eastern train under the UK bylaws (I never imagined getting done for something like this) for which I was fined somewhere around £250.

So, my question is that although in OCT 2011, I completed my 5 years to make me eligible for applying for Indefinite Leave to Remain, however, the immigration law change last year about criminality threshold that all the convictions should be spent under rehabilittion act 1974 which means that for the above offences it will take another two years i.e. March 2013 for the convictions to be spent before I can apply for ILR.

Now, if I had to apply for ILR this year could the above offenses be a problem in me acquiring that or what do you recommend as it's realy important and you know that the rules are changing very quickly and I am not sure what changes might have been introduced by march 2013 and could be even more difficult to apply then. For this very reason I am looking to apply this year but only if the above offenses would not cause any problem. Please advise as what chances do I have and what do you recommend in my situation. Also to add that I have 2 dependants my wife and a 3.5 years old daughter who was born here.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Fines are spent after 5 years.

As such if it was 2009 then you can apply in 2014

The above applies to people 18 or over when convicted. If under 18 then it is 2.5 years.

As Convictions need to be spent you need to make sure the convictions are spent.

Please remember to click accept so that I am credited for my time. Thank you.
Customer: replied 5 years ago.


Ok, The question which I want to clarify overhere that from your reply it seems that one can't apply for ILR if they were fined for any sort of offense and they have to wait for the conviction to be spent i.e. 5 years default for any fine. However, there are type of fines e.g motoring convictions such as parking tickets, fixed penalties they don't come under the same catgeory do they as it's even provided on the home office good character guidelines.


Motoring convictions are not even disclosed on the CRB basic check which suggests that they don't fall in the same category.


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