Immigrationboards.com

Current regulations for ILR:

322 (1C) The applicant is seeking indefinite leave to
remain and:

 they have been convicted of an offence for
which they have been sentenced to
imprisonment for at least four years
 they have been convicted of an offence for
which they have been sentenced to
imprisonment for at least 12 months but
less than four years, unless a period of 15 years has passed since the end of the
sentence
 they have been convicted of an offence for
which they have been sentenced to
imprisonment for less than 12 months,
unless a period of seven years has passed
since the end of the sentence, or
 they have, within the 24 months preceding
the date of the application, been convicted
of or admitted an offence for which they
have received a non-custodial sentence or
other out of court disposal that is recorded
on their criminal record.



I intend on pleading guilty in court with mitigating circumstances on Thursday. I have a police officer speaking on my behalf. As far as I can see as I applied at the beginning of November I do not qualify for refusal under any of these groups. (The charge is a traffic offence on a foreign license- why it went to court not FPN)

I thought you have to let HO know about any court and basically they put it on hold until court decision. If you don't tell them, it may be looked at as deception, which is very serious.

I am not professional, so someone please confirm me or correct me.

I don't want to worry you, I may be wrong.

Maxwell wrote:I thought you have to let HO know about any court and basically they put it on hold until court decision. If you don't tell them, it may be looked at as deception, which is very serious.

I am not professional, so someone please confirm me or correct me.

I don't want to worry you, I may be wrong.

Unfortunately, if convicted this need to be declared. If you plead guilty and is fined by the court it will be a conviction (goes on your criminal record) and one that you need to make HO aware of. If not you risk refusal and possibly a 10yr ban for deception.

It falls under this category

they have, within the 24 months preceding
the date of the application, been convicted
of or admitted an offence for which they
have received a non-custodial sentence or
other out of court disposal that is recorded
on their criminal record.

I concur that a traffic offence dealt with at court will result in a conviction if you plead or are found guilty by the court.

Amber_ wrote:I concur that a traffic offence dealt with at court will result in a conviction if you plead or are found guilty by the court.

Hi Amber - I had a thought that might assist krcran06 and others. Can the person appearing in court ask for leniency and take a speeding awareness course? If yes, will he/she be not guilty and therefore nothing to declare? Maybe a bit far fetch but just a thought. I have always felt traffic offences isn’t the best way to judge someone character but HO think otherwise.

Speed awareness course is offered by local police force as an alternative to prosecution.

If someone is charged of a speeding offence, then magistrate has no discretion to offer anything. Courts cannot offer "a get out" way of conviction. Court either find guilty or not guilty.

Even if a provision is made that magistrates could order speed awareness course, then that will still be a conviction, because magistrate can only order if someone is found guilty of an offence. So, it will still be a "non-custodial sentence".

So I went today and one of the charges was dropped (driving without insurance) and the second was fined the minimum 3pts and 65GBP for driving otherwise in accordance with the licence.

I have a contact at the home office so I will run it by them first but I will write a letter to add to my application informing them of the minor conviction, include the police statement which was in my favor and mention that the court showed leniency.

This has happened after my application for ILR so my 24 months leading up the application were clean per the rule.

Will keep posted but anyone with direct experience with this would be appreciated.

Ayyubi72 wrote:Speed awareness course is offered by local police force as an alternative to prosecution.

If someone is charged of a speeding offence, then magistrate has no discretion to offer anything. Courts cannot offer "a get out" way of conviction. Court either find guilty or not guilty.

Even if a provision is made that magistrates could order speed awareness course, then that will still be a conviction, because magistrate can only order if someone is found guilty of an offence. So, it will still be a "non-custodial sentence".

Ayyubi72 - Thanks for the clarification.