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2 Speeding offence and ILR

Posted: Sun Jan 19, 2020 9:59 am
by RovCal_21
Hi everyone

I wonder if anyone can advice me.

I got two speeding offence on 14 and 15th of January. I was driving at 70 and 76mph when the speed threshold was 60mph.

I got both the offence in post on the 17th.

My driver licence is 22months old

My ILR is due on this April.

My question is what to expect?

If I get 6 penalty points will I get a court summon aswell? Can't they just ban me without a court summon?

Is there a chance I might get just three points?

Thank you

Re: 2 Speeding offence and ILR

Posted: Sun Jan 19, 2020 2:32 pm
by RovCal_21
I will really appreciate any opinion

Re: 2 Speeding offence and ILR

Posted: Sun Jan 19, 2020 5:58 pm
by XaVior
I'm reading the info on this website (third party weblink removed by moderator) it says "Exceeding speed limit on a motorway" would not be mentioned in your immigration report, however, it could jeopardise your "good character" and thus, renders you eligible for ILR.

However, being an immigrate in the UK for over 10 years, it seems highly unlikely that your ILR being solely refused because of this.

let me know what happens in April,

Best of luck!

Re: 2 Speeding offence and ILR

Posted: Sun Jan 19, 2020 6:38 pm
by zimba
ILR is only affected by recordable offences, meaning the ones that appear on your criminal record. A recordable offence is an offence where under the law you could get a prison sentence for committing it (e.g drink driving). Speeding on its own is not a recordable offence

Re: 2 Speeding offence and ILR

Posted: Mon Jan 20, 2020 8:07 pm
by RovCal_21
Thank you for both the replies guys. But I read that non-custodial offence, like e.g in this situation my worst case scenario is that court summons me and gives me punishment like banning me to drive for a while etc, I have to wait two years before applying?

(iv) has, within the 24 months prior to the date on which the application is decided, 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. (Or is this an old rule?)
Thank you!

Re: 2 Speeding offence and ILR

Posted: Mon Jan 20, 2020 8:08 pm
by zimba
RovCal_21 wrote:
Mon Jan 20, 2020 8:07 pm
Thank you for both the replies guys. But I read that non-custodial offence, like e.g in this situation my worst case scenario is that court summons me and gives me punishment like banning me to drive for a while etc, I have to wait two years before applying?

(iv) has, within the 24 months prior to the date on which the application is decided, 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. (Or is this an old rule?)
Thank you!
Not all court convictions are recordable. If you end up in court, that does NOT necessarily mean you get a recordable offence. For example driving without insurance leads to a court conviction but it is NOT recordable so no effect on ILR. Generally only serious offences are recordable under the law and only those affect ILR

Re: 2 Speeding offence and ILR

Posted: Mon Jan 20, 2020 8:28 pm
by RovCal_21
Wow Zimba thank you so much. I have been depressed for last few days. Thanks for this. God bless you.