CD10 and ILR

Hi all,

I'm on a Tier 2 General visa issued 8 October 2015 and due to apply for ILR now. My wife is on a dependent visa and can apply at the same time. However, she was involved in a road traffic incident a couple of years ago, and the Magistrate's court give her 6 points and £300 fine for a CD10 - Driving without due care and attention.

Wanted to get your thoughts on impact on ILR application based on facts and my assessment below:

- Tier 2 BRP date -8 October 2015
- Current Tier 2 expires 8 October 2021
- Date of road traffic accident – 28 Nov 2018
- Date of court conviction – 15 July 2019
- Offence: CD-10 careless driving
- Points awarded with effect from date of offence i.e. 28 Nov 2018 (also set out in the court endorsement order)
- I will declare the conviction in the SET(O)

I have done some research and come up with the following :
- General Grounds for refusal – Para 322 (1C) states that ILR must be refused if “…within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out of court disposal recorded on their criminal record”(emphasis added)
- My understanding is that CD-10 is a conviction, but not a recordable offence as it cannot lead to imprisonment.

On the basis of above, my questions are as follows:
- Is my understanding correct that CD-10 will not appear on the criminal record?
- Do I have to wait for 24 months before applying for ILR on the basis of the requirement of 322(1C)? Or does 322(1C) not apply as CD-10 is not a recordable offence (i.e. I am looking at the underlined words above)
- When does the 24 month period in 322(1C) start? Given CD10 impacts from date of offence (and not date of conviction) and the points on the license are effective from date of incident (28Nov 2018), would the 24 month period end 27 Nov 2020?

Many thanks!

It is actually the date of conviction that is important i.e. 2019. However, if the offence is not recorded on the criminal record (I think its not but do your own research also), it will have NO impact on ILR. You must disclose it though.
But, if you do plan to apply for Naturalisation later on, apply 3 years after date of conviction i.e. 2022 (good character requirements for Naturalisation).

Thanks Cullinan, v helpful!

All that I have read up on the internet seems to indicate that its not a recordable offence. I'm thinking of setting this out in a cover note with the application

Have you come across a recent similar situation involving CD10 and what was the outcome? Or if anyone else on this forum has? What's the view on probability of successful application if I apply now.

Thanks!

Teetub wrote: ↑

Sun Oct 11, 2020 6:40 pm

Thanks Cullinan, v helpful!

All that I have read up on the internet seems to indicate that its not a recordable offence. I'm thinking of setting this out in a cover note with the application

Have you come across a recent similar situation involving CD10 and what was the outcome? Or if anyone else on this forum has? What's the view on probability of successful application if I apply now.

Thanks!

https://www.gov.uk/criminal-record-checks-apply-role

CD10 is not a recordable offence. However, if you wish you can use the link above to check criminal records.

indefinite-leave-to-remain/ilr-with-cd1 ... R#p1709655

Post by Zimba » Mon Nov 26, 2018 4:44 pm
CD10 does NOT lead to a custodial sentence just FPN or penalty points. So it is clearly not recordable. You should be fine

You can search the forum for more similar threads.

Actually this is the correct link as previous one was for employers.

https://www.gov.uk/request-copy-criminal-record

Teetub wrote: ↑

Sun Oct 11, 2020 6:40 pm

Thanks Cullinan, v helpful!

All that I have read up on the internet seems to indicate that its not a recordable offence. I'm thinking of setting this out in a cover note with the application

Have you come across a recent similar situation involving CD10 and what was the outcome? Or if anyone else on this forum has? What's the view on probability of successful application if I apply now.

Thanks!

Not recordable, no effect on ILR

Thanks both!