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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2143
Experience:  I am a qualified solicitor and an expert in UK law.
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Helo, I am holder of Tier 1 issued on Feb 2010 and renewed

Resolved Question:

Helo,
I am holder of Tier 1 issued on Feb 2010 and renewed on April 2012, I do have visa until 2014.
I am applying for ILR next week together with my wife and son (dependands).
Unfortunatly my wife had an speed fine (SP30)in october 2007, but the police could not charge the penalty because she didnot have Uk license at the moment, she was driving with an international license as we had 4 months in UK. The police passed the case to court and the court issued a fine and charged the 60 pound fine. She did not asist to court as there was an option to be trailed in absence with a letter explainning all the events.

Is that a Criminal conviction ??. Can the UKB reject our application? what happen with our status if our application is rejected, can we continue in our current visa? can we apply again?. Can they reject my and my son ILR either whe the fine was to my wife.

Thanks in advance
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

1. Yes a traffic offence is a criminal offence.

 

2. The UKBA will take all the circumstances in to consideration , but i do not think they are likely to refuse the application due to a traffic offence which occured 5 years ago.

 

3. Yes, if the UKBA refuse your visa you will still retain your current leave to remain in the UK.

 

4. No, each applicant is issued a visa on their own merit if you submit an application together then they will look at each application. If your wife is the main applicant and she is not able to obtain a visa then the UKBA may decide not to issue the dependents with a visa either. However, if you each have obtained rights to apply for ILR on your on behalf then they will look at each applicant and make a decision.

 

But I would not worry too much regarding the issuing of ILR. A speeding fine is usually spent within 5 years so an application after October 2012 would be more suitable.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 2 years ago.


Hello,





Thanks for your prompt answer.




Although the date of offense was 6th October 2007, the date of conviction was 16th May 2008.





The main applicant for the ILR is myself, the fine was to mi wife (dependant). In accordance to your experience, would you recommend to go ahead with the application?





Can I apply again to the IRL next year if the Visa is refused?





I mine and my son are granted now, can my wife apply next year on her own?





Thanks!


Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

1. The rules tend to focus more on the main applicant and if you have not been convinced of an offence then the application should be granted, however it all depends on how they view your wife's application, you might be granted yours along with your son and your wife might be told to wait until her conviction is spent.

 

2. Yes you can apply for ILR next year if your application is refused ( but i do not think your application will be)

 

3. Yes your wife can apply separately after if she so wishes.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

Customer: replied 2 years ago.

Hello,





Just one last question:





In accordance to your assessment, we should go ahead and apply the 3 of us, and if any problem arises it might be just against my wife application; if in the worst case her application is denied, she will still hold her Tier 1 dependant Visa until this expires (April 2014) and can apply to the IRL before that date. Please confirm that my nderstanding is right.




The only point that still worries us, is that in a recent revision of the Criminality Requirement for Settlement (Rev. 3 Valid from Feb 2012) it says:


From 6 April 2011 a person who applies for settlement MUST show that they do not have any unspent convictions....this is an additional requirement for settlement in all immigration routes. If an applicant or their dependants have an unspent conviction, you MUST refuse their application.


In accordance to your experience, do you know of any recent case where the IRL has been granted even with an “Unspent” conviction for a MINOR offense like the mentioned (SP30)?




We really appreciate your help in this matter.




Thank you very much!

Expert:  UK_Lawyer replied 2 years ago.
Yes your first paragraph is correct this is exactly what I ment.

If you read the paragraph which you have mention it clearly states that the applicant you has unspent conviction their application should be refused. I would suggest that you submit the application of yourself and your son first if you are still unsure.

If you do decide to submit your wife's applicant too then it seems that this may be rejected as per the paragraph you quoted. But there is nothing stopping you from applying and stating in a covering letter that the offence was minor and she is not a repeat offender.

I do not know of any cases and it is very rare for a depend to have commuted an offence. In either case, cases such are yours would not get reported. I would suggest that you send yours and your son's application first if you still think it would be too risky to include your wife's application and by what was mentoned in the above paragraph it would seem like the most plausible course of action.

I hope that's this clarifies the issue, kindly rate my answer positively.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2143
Experience: I am a qualified solicitor and an expert in UK law.
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