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ILR traffic offence
Posted: Fri Jan 13, 2012 1:33 pm
by cprav
Hi ,
Please see below link, last time when I posted my offence some one suggested me to go for scotland basic disclosure check, Now I have applied and reecived the result with no convictions.
http://www.immigrationboards.com/viewto ... se+offence
Can any one suggest that this basic disclosure check is enough or else do I need to apply for enhanced check?Can y any one please help me.Than you
Re: ILR traffic offence
Posted: Fri Jan 13, 2012 2:52 pm
by ilr_hsmp2007
cprav wrote:Hi ,
Please see below link, last time when I posted my offence some one suggested me to go for scotland basic disclosure check, Now I have applied and reecived the result with no convictions.
http://www.immigrationboards.com/viewto ... se+offence
Can any one suggest that this basic disclosure check is enough or else do I need to apply for enhanced check?Can y any one please help me.Than you
As per my understanding on previous posts which I have read -
Traffic offence Penalty paid with points on licence is not going to be a Criminal Conviction and will not impact your ILR.
Unless if you have paid this penalty and your offence is gone to Court where court has took the decision on that traffic offence matter.
or traffic offence is referred to court due severity of the matter
Check this out -
in page 5 & 6
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices
for disorder (PND) do not form part of a person’s criminal record as there is no
admission of guilt and they therefore do not need to be covered by the 1974 act. They
must therefore be disregarded. The exceptions to this are when either there are
criminal proceedings for failure to pay and the individual has an unspent conviction as
a result of that or the individual has multiple penalty notices, particularly over a short
period of time. In these cases you must consider the case in line with the general
requirements of character, conduct and associations within paragraph 322(5) of the
rules. For more information, see related link: Not desirable to let a person remain in
the UK – leave to remain.
--
Lets wait and see moderators / sr member might clear you further on this.
Posted: Fri Jan 13, 2012 3:05 pm
by cprav
Hi thanks you, points and fine was received by court , then I had paid and pleaded guilty via post.
Posted: Fri Jan 13, 2012 3:54 pm
by smoothturbo
I am in the same boat, recieved a fine from court for travelling on train without the right fare but having done a disclosure Scotland 'basic' check there was nothimg on it. Anyone know if the 'enhanced' check will bring anything up? I am in the process of having a 'subject access report' to see if anything comes up that..
Posted: Fri Jan 13, 2012 4:08 pm
by cprav
Hi smoothturbo
What is that 'subject access report' and can you please tell me the process of applying? and do you think is it right one ?
Posted: Fri Jan 13, 2012 6:54 pm
by smoothturbo
Posted: Sat Jan 14, 2012 12:20 am
by cprav
Thank you smoothturbo, I will apply next week.
Posted: Tue Jan 17, 2012 6:56 am
by Krishna555
Hi Every one
Some please confirm CCJ default payments(loan/credit card) will come disclosure Scotland 'basic' check or not.
If yes then will that effect ILR?
If you are clear in disclosure Scotland 'basic' check then this means that no CCJ on your name?
Please conform
Thanks
Kris