UK traffic Offences and their impact of Skilled Worker Visa or ILR

[tahernshaikh]

Hi There

I've recently got LC20 (Driving otherwise than in accordance with a licence) and CU50 (Causing or likely to cause danger by reason of load or passengers) at the same time. Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50. I was driving on my Indian License for 12 months and have a provisional uk driving license as well. But when I was caught I was outside the 12 months window of Indian Driving License so given LC20 (although my spouse was sitting on the front passenger seat having valid Indian license which just missed the 12 months window to drive in the uk).

I did not cause any serious harm to others or any serious issues. The moment police flashed the light I pulled over and cooperated with police. Police officer told he will issue above tickets to me with 3 points each and £100 fine each. Also he mentioned I need to come to magistrates court as I will be prosecuted for above offences.

Yet I have not received any summons from Court (its been 2 weeks).

My question is how do I deal with this situation to avoid any impact on my skilled worked visa and ILR (3.9 years away). Are these offences recordable as criminal offences in CRB or Police Report? Should I consult a motoring/immigration solicitor?

Regards
Taher

[Ticktack]

Hi There

I've recently got LC20 (Driving otherwise than in accordance with a licence) and CU50 (Causing or likely to cause danger by reason of load or passengers) at the same time. Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50. I was driving on my Indian License for 12 months and have a provisional uk driving license as well. But when I was caught I was outside the 12 months window of Indian Driving License so given LC20 (although my spouse was sitting on the front passenger seat having valid Indian license which just missed the 12 months window to drive in the uk).

I did not cause any serious harm to others or any serious issues. The moment police flashed the light I pulled over and cooperated with police. Police officer told he will issue above tickets to me with 3 points each and £100 fine each. Also he mentioned I need to come to magistrates court as I will be prosecuted for above offences.

Yet I have not received any summons from Court (its been 2 weeks).

My question is how do I deal with this situation to avoid any impact on my skilled worked visa and ILR (3.9 years away). Are these offences recordable as criminal offences in CRB or Police Report? Should I consult a motoring/immigration solicitor?

Regards
Taher

Till you get your judgement in court. It's hard to give a definite verdict.
Immigration offences and driving violations can affect your Indefinite Leave to Remain eligibility.

Ignorance is never an excuse. I'm sure you knew what you were doing when you drove. The law is the law.
You need a valid UK license to drive in the UK. If you have a provisional drivers license, you must be accompanied at all times by a full (UK) licence holder who is over 21, qualified to drive the vehicle you're driving and has held their licence for three years.
Your spouse valid Indian license has no weight in the UK. Different country, different rules.

The easiest way to run into immigration/police problems is by driving. You could get pulled over for a myriad of issues. You've just got 2.

[tahernshaikh]

Thank you for your response. But are these offences recordable?

From what I have learned so far is if I am convicted in the court for these offences then it will not be recordable as criminal record. Police did mention that these are endorsable offences hence I will get fine + points on my license.

Usually how long it takes the court procedure to complete for such cases?
Also is the 3 year ILR window begins from the date of offence or date of conviction?

Regards
Taher

[lolo2]

Since the time given to drive in the UK with a foreign licence has passed, you must stop driving using that licence. Your wife cannot use it either. I wouldn't drive again until getting a full UK driving licence.

I'm not a lawyer but from what I've seen in other cases, I think that endorsements on a foreign driving licence may be an aggravating factor, however nobody can say what will happen until you complete the court proceedings. I don't think you need a solicitor to go through this process, but at the end is a personal decision.

Endorsements might not be recorded as criminal records but still recorded on your driving record (see Penalty points-endorsements), which also may have an impact on any further immigration application.

[tahernshaikh]

Thanks for your reply. The endorsements I think will go on my UK Provisional Licence. We have stopped driving from the very day when police officer stopped me. Police officer suggested not to get the full driving license until court proceedings complete otherwise it will be revoked for 2 years and I'll have to go through all process to get a new license. From so many responses I've received I was told that there wont be any impact on ILR unless I declare these in my ILR form (3.9 years more for me to apply for ILR). But can you please confirm if the 3 year ILR window begins from the date of offence or date of conviction?

[lolo2]

With aggravating factor I meant that you likely showed or mentioned the officers that you already hold a driving licence from your country (together with the provisional one) which you no longer were allowed to use in the UK. The points will obviously go on the UK one (provisional or full), they have no jurisdiction to apply penalty points in another country. I agree with the officers that better to apply for the full licence once cleared from the court. Again, I'm not a lawyer, focus on resolving this issue and then you can deal with immigration matters that will occur in the future.

Not sure what you mean with "3 year ILR window". If you see the guidance above, both codes you've got:

must stay on a driving record for 4 years from the date of the offence

It seems you're almost 4 years away for ILR under the skilled worker route, depending on the court's outcome this only might cause a delay on your ILR application. These are not criminal offences but driving (or motoring) offences. The form asks for both items.

Once again I'm not a lawyer but these are serious motoring offences and - if convicted - you must declare them in any further application. It doesn't necessarily mean that your application will be rejected. If you don't disclose this information and UKVI found out likely will lead to an automatic refusal and will make any other application way more complicated.

As far as I remember also the skilled worker renewal form asks you for motoring offences (when the time to renew your leave arrives), so you must declare them

Wait for the outcome from the court proceedings and focus on doing the right thing from now onwards if you want to stay in the UK.

[tahernshaikh]

Hi Lolo

Many Thanks for your responses. These are helpful.
Lesson learnt. I will be very careful.

By the 3 year ILR window I meant - if the offences are within the 3 years before the date of ILR application then I will have to extend my skilled worker visa and if its not then I am eligible to apply for ILR. I've read this in many posts hence wanted to check here if it is true (This is as per below rule).

It appears the endorsement on the license will stay fro 3 years (within the 4 year endorsement period) from the date of my offence (as per https://www.gov.uk/penalty-points-endor ... ng-licence) as I have not done the reckless or dangerous driving.

I just hope this matter with the court gets resolved very soon.

[skasyap]

Have you had judgement yet ? And what was the outcome. I know someone who was stopped for driving on Indian license which was expired by few days.

[skasyap]

Hi Lolo

Many Thanks for your responses. These are helpful.
Lesson learnt. I will be very careful.

By the 3 year ILR window I meant - if the offences are within the 3 years before the date of ILR application then I will have to extend my skilled worker visa and if its not then I am eligible to apply for ILR. I've read this in many posts hence wanted to check here if it is true (This is as per below rule).

It appears the endorsement on the license will stay fro 3 years (within the 4 year endorsement period) from the date of my offence (as per https://www.gov.uk/penalty-points-endor ... ng-licence) as I have not done the reckless or dangerous driving.

I just hope this matter with the court gets resolved very soon.

Have you had any outcome yet for being stopped for driving on Indian license which was expired?

[vinny]

Be careful.

[vignezh007]

Hi There

I've recently got LC20 (Driving otherwise than in accordance with a licence) and CU50 (Causing or likely to cause danger by reason of load or passengers) at the same time. Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50. I was driving on my Indian License for 12 months and have a provisional uk driving license as well. But when I was caught I was outside the 12 months window of Indian Driving License so given LC20 (although my spouse was sitting on the front passenger seat having valid Indian license which just missed the 12 months window to drive in the uk).

I did not cause any serious harm to others or any serious issues. The moment police flashed the light I pulled over and cooperated with police. Police officer told he will issue above tickets to me with 3 points each and £100 fine each. Also he mentioned I need to come to magistrates court as I will be prosecuted for above offences.

Yet I have not received any summons from Court (its been 2 weeks).

My question is how do I deal with this situation to avoid any impact on my skilled worked visa and ILR (3.9 years away). Are these offences recordable as criminal offences in CRB or Police Report? Should I consult a motoring/immigration solicitor?

Regards
Taher

"Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50" - A 3-year-old child should be secured in an appropriate child seat. I would say you got lucky that the officer was rather lenient. Driving without a valid license on top is also a prosecutable offense. I do not want to worry you, but it goes to show that such instance can be avoided if we play by the law of the land.

[tahernshaikh]

Have you had judgement yet ? And what was the outcome. I know someone who was stopped for driving on Indian license which was expired by few days.

Hi SKasyap - No I am still awaiting to hear from the Magistrates court. nothing was sent to me yet by the court or police. BTW what happened with the person you know caught in similar case?

[tahernshaikh]

Hi There

I've recently got LC20 (Driving otherwise than in accordance with a licence) and CU50 (Causing or likely to cause danger by reason of load or passengers) at the same time. Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50. I was driving on my Indian License for 12 months and have a provisional uk driving license as well. But when I was caught I was outside the 12 months window of Indian Driving License so given LC20 (although my spouse was sitting on the front passenger seat having valid Indian license which just missed the 12 months window to drive in the uk).

I did not cause any serious harm to others or any serious issues. The moment police flashed the light I pulled over and cooperated with police. Police officer told he will issue above tickets to me with 3 points each and £100 fine each. Also he mentioned I need to come to magistrates court as I will be prosecuted for above offences.

Yet I have not received any summons from Court (its been 2 weeks).

My question is how do I deal with this situation to avoid any impact on my skilled worked visa and ILR (3.9 years away). Are these offences recordable as criminal offences in CRB or Police Report? Should I consult a motoring/immigration solicitor?

Regards
Taher

"Police stopped us as my 3 year old removed his seat belt and was looking outside the glass of boot door so given CU50" - A 3-year-old child should be secured in an appropriate child seat. I would say you got lucky that the officer was rather lenient. Driving without a valid license on top is also a prosecutable offense. I do not want to worry you, but it goes to show that such instance can be avoided if we play by the law of the land.

I agree with you. I have learned my lesson. I've stopped driving until the matter is resolved.

[skasyap]

Have you had judgement yet ? And what was the outcome. I know someone who was stopped for driving on Indian license which was expired by few days.

Hi SKasyap - No I am still awaiting to hear from the Magistrates court. nothing was sent to me yet by the court or police. BTW what happened with the person you know caught in similar case?

Same with my friend waiting to hear back. He has now got full driving license so he is just praying not get 6 points or else license will blah cancelled and 2 years ban on driving will be applied. Keep me posted and I will do the same.

[tahernshaikh]

Has your friend heard from Magistrates court? I a still waiting and its been 5 1/2 months.