UK Immigration Law
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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.
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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?
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.
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!
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