Can I apply for ILR with motoring offence CU30 ? No Criminal record

[shanky]

Hello,

I'm on tier 1 Ent -50 K Extension and due for ILR.

I have a motoring offence - CU30 (Defective Tyres) I had to go to court and was given 3 points and £250 by the court on 25/Nov/2015 offence date was July/2015.

Recently got my basic DBS done and also got SAR done(Subject Access application for disclosure of any data held in my name on the Police National Computer (PNC)).
Both DBS and SAR came clean no criminal record nothing on records except DVLA record.

Do I have to still wait 24 months after the sentencing date by the court before I can apply for my ILR?


Thanks

Regards

S

[zimba]

Obviously your offence was a non-custodial sentence and it can affect your ILR for 24 months after sentencing if recorded on your criminal record.
A basic DBS might not show non-custodial sentences

[shanky]

Obviously your offence was a non-custodial sentence and it can affect your ILR for 24 months after sentencing if recorded on your criminal record.
A basic DBS might not show non-custodial sentences

Thanks for reply ZIMBA88 you have always been so helpful.

This offense is not recorded on PNC (Police national computer)-SAR came clean it says no criminal record. Also, at the time of conviction judge told me that this will be considered as motoring offense and will not show on criminal record.

Assuming it's not on my criminal record. Can I apply for ILR before 24 months ends after the date of conviction?

Thanks

S

[zimba]

SAR has nothing to do with criminal records.
Assuming the offence is not recorded on your criminal record (and it is only recorded on your driving records), you should be fine with ILR. The immigration rules are very specific about non-custodial sentences and only require the case worker to refuse your ILR if the offence was recorded on your criminal record.

Immigration Rules part 9: grounds for refusal

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused
(1C) where the person is seeking indefinite leave to enter or remain:
...
(iv) they have, 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.

[shanky]

Thanks for your reply

I got my Basic DBS done it came clean, also recently applied for Subject Access application for disclosure of any data held in my name on the Police National Computer (PNC) from ACRO Criminal Records Office (ACRO) It came clean as well.

Should I assume that I don't have any offence recorded on my criminal record ? or Is there any other check I can do to be sure?

Thanks

S

[shanky]

SAR has nothing to do with criminal records.
Assuming the offence is not recorded on your criminal record (and it is only recorded on your driving records), you should be fine with ILR. The immigration rules are very specific about non-custodial sentences and only require the case worker to refuse your ILR if the offence was recorded on your criminal record.

Immigration Rules part 9: grounds for refusal

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused
(1C) where the person is seeking indefinite leave to enter or remain:
...
(iv) they have, 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.

Thanks for your reply

I got my Basic DBS done it came clean, also recently applied for Subject Access application for disclosure of any data held in my name on the Police National Computer (PNC) from ACRO Criminal Records Office (ACRO) It came clean as well.

Should I assume that I don't have any offence recorded on my criminal record ? or Is there any other check I can do to be sure?

Thanks

S

[zimba]

I cannot say for sure but it seems you have no criminal convictions on your record

[shanky]

I cannot say for sure but it seems you have no criminal convictions on your record

Thanks Zimba88

So if they were to cancel ILR because of this Motoring offense CU30. Will they allow me to reapply after 2 years have passed?

I went to COURT on 24 Nov 2015 so the 2 years complete on 24/Nov/2017
and my visa expires on 30 Nov/2017

[zimba]

If it was recorded on your criminal record, you can apply for ILR after 24 months from the date of your conviction

[stay order]

CU30 is not a problem at all. But you must declare it on the form. HO can not refuse on it. Also 24 months thing is a myth.