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Indefinite Leave to Remain & Drink Driving

September 21 2007 at 11:48 PM
Mla Leo 


Just seeking your views on this scenerion. Got a conviction for drink driving in July 2007 and was disqualified from driving for 12 months and fined 200 pounds. I am on a work permit and I have a permament job. My wife and kid got their visa through me and my wife is working in a professional job but has not qualified to apply for ILR independently as she has had the visa for less than five years and she does not have a work permit (she is allowed to work on a dependent visa)

I qualify to apply for ILR next month. Will the conviction affect my application? Is there anyway I can get the ILR if I get good references from people that I work with in my profession and in the community? Iam thinking of getting a letter from my boss to show that my job is continuing and that they still need me.

I am renting at the moment. Would buying a house before I apply help to show that I have good ties to the UK?

Any tips would be really appreciated.

Mla Leo

 
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AuthorReply
nameless

ilr

September 22 2007, 1:39 AM 

be very carefull , they look for those loop holes, especially if already convicted, must you do it now?, may be delay abit, but you can buy a house , letter from boss, and enough evidence you can support yourself and any dependants (good bank statements), all the best.

 
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wa mum

drunk driving

September 22 2007, 9:57 AM 

although you have convicted its a minor offence in police computers. its not a criminal record but try to ask your solicitor incase you mess your family

 
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jj

Re: drunk driving

September 22 2007, 10:48 AM 

u are okk.no problem at all

 
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Mla Leo

Drink Driving

September 22 2007, 11:05 AM 



I have seen from the following link that it is considered by the Home Office not to be minor offence that can be disregarded for the purposes of naturalisation and therefore one needs a two year clear period without offending from the date of the last conviction (see the last page). But this is in respect of citizenship/naturalisation. Just wondering whether the same or a different criteria would be used for Indefinite Leave to Remain (ILR).

I can delay the application a bit, but, in 2008, I will be compelled to either apply for the renewal of the work permit or ILR, as my work permit expires in October 2008.

http://www.ind.homeoffice.gov.uk/documents/nichapter18/ch18annexd?view=Binary

Mla Leo

 
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john

Re: Drink Driving

September 22 2007, 1:44 PM 

Police forces are spending millions of taxpayers money on policing people like you and east europeans.Wekunye gutu.

 
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kushnikov

pole sana

September 22 2007, 11:41 AM 

My mate had the same problem but when you are applying they ask for any criminal records all you have to say is no because It does not appear in the criminal records. Best is to apply for a CRB. Ama speak to your lawyer kama uko maganji.

 
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Mla Leo

Re: pole sana

September 22 2007, 2:10 PM 

Kush,

I think drink driving is a criminal offence and will show up on CRB/Police National Computer. Please see the following links. I am guessing that that is why the Home Office considers it not to be a minor offence and cannot disregard it for the purposes of naturalisation unless one has a two year clear period without offences after the last conviction. But my question was whether this same criteria would be used for ILR. Are they likely just to extend my work permit visa and refuse the ILR? I really regret why I drunk and drove. It's tearing me apart.

Nikisema sina offence, nitashikwa vibaya wakiangalia CRB and the Police National Computer. Angalia hapa:

http://uk.answers.yahoo.com/question/index?qid=20060910040555AAk9poN

http://www.theanswerbank.co.uk/Law/Criminal/Question371831.html

 
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sim simmer

nothing to worry

September 22 2007, 2:11 PM 

when i was applying for my naturalization i had two convictions on DRINKING and DIVING one on human trafficking all guilty verdict was passed and before i served my three months term (two weeks) within the conviction i naturalized i attended the naturalization ceremony then i applied for a red pp which i received within three weeks and now hiyo biashara ya karubandika ndiyo nafanya sasa call me thousanaire now and am lovin it

 
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DrinkDriving

September 22 2007, 10:45 PM 

HI,mla leo,my advice to you is to stay for two years from the date of conviction,dont forget if u go ahead and they turn u down they will be no refurd.my husband went through the same thing did the test for life in uk did sent the application only to be turned down.The home office letter said he has to wait for two years to clear.All the best

 
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Mla Leo

Re: DrinkDriving

September 25 2007, 9:25 PM 

Wanjiru,

It would really help to know whether your husband's application that was turned down was for indefinite leave to remain application or for naturalization/citizenship. Did he have a drink driving
conviction as well? Am gathering all the possibl info before I apply.

 
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Wanie

Re: Indefinite Leave to Remain & Drink Driving

September 23 2007, 12:09 AM 

Request for CRB see whats on record if you are not listed then you are safe.

 
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