SET (LR) application with an IN14 Conviction

[sigma99]

Hi,

I am looking for your advice on my SET (LR) 10 years, application with an IN14 Conviction in October 2014.

I am planning to apply for settlement (LR) in mid-December 2017.

Background information
In March 2014, I was selling my car, and I let a buyer test drive my car without verifying insurance document. Unfortunately, during the test drive, we were stopped by the police, and it was found out that the buyer was not insured to drive a third-party vehicle. I was issued a Fixed Penalty Notice for ‘permitting use of a motor vehicle with no insurance’, which I could not meet because of various unavoidable reasons. The incident happened on 4 March 2014.

In summary, I was convicted of ‘Permitting use of motor vehicles with no insurance’ (Driving offence code: IN14) at the magistrate court on 3 October 2014. I received 6 penalty points endorsed on my driving licence and a fine of £150. The 6 points have expired in March 2017 after three years of the incident, but they will remain on my licence until March 2018.

I presume, because of pleading guilty at the magistrate court, I received a criminal record. However, nothing appeared during an Enhanced DBS check undertaken on 15 November 2014. This DBS check was done in relation to a job application.

I completely understand that in SET(LR) application I should mention any conviction, though, I never had any other caution or conviction in the past except this incident. I have worked as a Research Assistant at a university in the past between March 2012-March 2014. Currently, I am a full-time PhD student and a part-time Science Technician at a College. My current immigration status is Tier 4 General student, and I should graduate as a Doctor in mid-2018.


My Questions

How likely I may get refused in my SET(LR) application because of IN14 motoring offence and associated criminal conviction?

Can it impact my good character with reference to immigration laws for the settlement?

Would it be any better to apply for SET(LR) post my PhD completion?

I have done a lot of search for similar cases on the internet and found some useful information. However, I am posting my question in this thread, just to see if somebody else had a similar case and I am also looking for suggestions from any experienced member in immigration laws.

Thank you very much for your time and for any suggestion.

[KenBossini]

Rough reference: third party weblink removed by moderator

Looks like you fall under the ILR non-custodial sentence' category, where one would need to wait for 24 months from the conviction date to apply for ILR. As your conviction date is 03/10/2014, I think you should be fine applying now. It would be only fair to declare this conviction in the criminal record section of your application. However, please do wait for comments from experts here as well.

K.

[CR001]

Rough reference: third party weblink removed by moderator

Kindly read the forum rules and refrain from posting links to third party solicitors/agents/companies.

[sigma99]

Rough reference: third party weblink removed by moderator

Looks like you fall under the ILR non-custodial sentence' category, where one would need to wait for 24 months from the conviction date to apply for ILR. As your conviction date is 03/10/2014, I think you should be fine applying now. It would be only fair to declare this conviction in the criminal record section of your application. However, please do wait for comments from experts here as well.

K.

Hi KenBossini, thanks for your reply and the reference to the article . It was an excellent article, and it confirmed my previous findings. In the meantime, I contacted an immigration solicitor and it echoed the same idea.

Ok, now the next question: is it worth instructing a solicitor to prepare my case, which is for settlement on 10 years basis with a motoring conviction in October 2014 Or I should be alright on my own, as to me, this case doesn't seem very complex now. I am feeling confident enough on my own, but I don't want to take chances. Your opinions in this regard will be highly appreciated.

Thank you

[KenBossini]

Rough reference: third party weblink removed by moderator

Kindly read the forum rules and refrain from posting links to third party solicitors/agents/companies.

Sincere apologies. Will not post third party links henceforth.

K.