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Dr10! Drink Drive Offence..applying For Ilr...help!

DR10 dr 10 drink drive ilr

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#1 janu07

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Posted 09 July 2012 - 11:56 AM

Hi all,

If some1 can help me...........

I had a drink drive conviction on 17th Nov 2009. I am due to apply for ILR on 05th Dec 2012.

But with the change in Criminality thresold in Apr 2012, it says convictions not spent wouldnt get ILR..

Can you suggest me if i should or shouln't apply in Dec 12.
thanks.



#2 Victoria

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Posted 09 July 2012 - 12:59 PM

Clearly not.

#3 skilachi

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Posted 01 August 2012 - 12:10 AM

Hi Victoria, saw a post started while back ago regarding Govt. looking to amend the Legal Aid, Sentencing and Punishment of Offenders Act 2010-12

http://www.ukresiden...tions-proposed/

The Bill has now been given royal assent.....so what is the next step for UKBA to amend there requirement or they dont have to do that?
http://services.parl...foffenders.html

Also, does this bill mean the current unspent convictions for Fines received in a court will come into effect after Ban has been spent?

e.g in the event of drink driving/motoring offence whereby someone has received both driving ban/disqualification for 9 or 12-15months in 2010 and the period is now over. Does the 1yr that was proposed in the bill means this will not be spent until 1yr after the 12-15months ban is over or it will run concurrently with the 9 or 12-15months?

More inf of the full bill can be found here

http://www.parliamen...rds-amendments/

PDF of bill http://www.justice.g...ders-act-ia.pdf

#4 Victoria

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Posted 01 August 2012 - 05:47 AM

Drink driving is not a simple motoring offence.

#5 skilachi

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Posted 01 August 2012 - 09:13 AM

So does this mean, the court do not have to implement the amended rules proposed regarding this Act?

#6 Victoria

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Posted 01 August 2012 - 09:35 AM

It's not really to do with the courts. But I'm going to do a bit more research and will get back to you.

#7 Victoria

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Posted 01 August 2012 - 09:43 AM

This is the bit that concerns me (p2 of the summary).

"Other key non-monetised costs by ‘main affected groups’

There will be no costs to the CRB as a result of the amendments to the ROA. Some juvenile offenders may be subject to longer rehabilitation periods as the provisions of the ROA are simplified and made consistent. When a decision is taken by UKBA in relation to a person subject to immigration control, that person will not benefit from the protection of the ROA. Information available to UKBA in their decision making will therefore include spent cautions and convictions."

I don't know if that means a) that all convictions and cautions will now have to be declared (in which case expect a change in the forms) b ) that they don't have to be declared but the UKBA can still see these things but can only consider them as part of a general 'good character' assessment (which is the case now) or c) that even spent convictions would result in, for example, a refusal of ILR, as the ROA ceases to be applicable at all in immigration applications.

All I can suggest is either wait and see what happens or apply and be prepared for a refusal and make sure you will get a right of appeal.

#8 skilachi

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Posted 01 August 2012 - 10:36 AM

Thanks for the comments above. Well I'm not in at the stage to apply for naturalization yet. Only got my ILR in Feb and was eligible for next year March but i got pulled over last sat mon for drink driving :banghead: - 79mg, 1st time offender and from most solicitor i've spoken too, looking between 17-22months disqualification ban with Fine but might be offered the rehab course which will reduce by 25%, which now means i cant apply after 5yrs if the fine is included.

Know this is not ur area but can you advise if there is a slight change of just getting the ban without the fine or know of any solicitor who deals in this area?

Thanks

Edited by skilachi, 01 August 2012 - 10:37 AM.


#9 Victoria

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Posted 02 August 2012 - 08:27 AM

As far as I am aware a fine is mandatory.

#10 janu07

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Posted 30 October 2012 - 03:19 PM

Hi Victoria,

Thank you for your response and the earlier posts. It has helped alot.

Now, the rehabilitation act has been updated. Does that mean i can apply for my ILR in Dec 12?

if i can apply, can you email me the details of your fees and documents required and we can take it from there.



Thanks

Edited by Susi, 30 October 2012 - 03:53 PM.





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