Criminality Threshold Question.

The request was partially successful.

Dear UK Border Agency,

Please forward this request specifically to JOHN LAYFIELD of the Permanent Migration Operational Policy (Settlement) of the UK Border Agency.

Dear John Layfield,

I have made this request previously but got a whole list of links to the UKBA website that did not any answers to my question. I am hoping that you would help with this very important question so that my partner and I are doing the right thing with our ILR application.

My husband and I are due to apply for our Indefinite Leave to Remain in the UK and I understand we have to disclose any criminal convictions including driving offences. The UKBA website also states it will be unlikely that an application will be successful if the applicant has any unspent criminal conviction.

My questions are; (1) Is the fine authorised by the court in 2008 (defered until 13/10/2008) for my partner driving without a full UK license the sort of driving offence that would make our ILR Application unsuccessful?

Your explanation on this will really be appreciated as we are struggling to understand what to do.

Thanks as I anticipate your prompt response.

Yours faithfully,

Frida

Layfield John, UK Border Agency

Hello Frida,

Firstly I must point out that I work in a policy area and I am not the decision maker in these cases. The policy surrounding unspent convictions is clear. Any unspent convictions will be taken into account when considering applications for leave to remain/ILR.

Obviously some convictions carry more weight than others. Within the range of driving offences there are some that carry more weight than others e.g Drink driving is worse and carries a greater penalty than ,say, speeding (driving at 34 mph in a 30 mph zone).

The weight which your partner has placed upon his conviction will be assessed by the person who makes the decision on your application and it is not for me to replace/decide that judgement.

Kind Regards
John
UKBA

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