court summons received for traffic offence

[ragsk]

Hi,
Received Summons from the court for driving without due care and attention (Level Crossing while Red light)
and was asked to attend court on 13th Dec, but I'm Applying for my ILR on 20th Dec.

Please suggest can I take a chance for ILR on 20th Dec. or go for Tier 1 extension.

And would le me know, if I need attend the court personally ? will it have any advantage ?

PS: I want pleadge Guilty it was my fault.


Thanks
Rags

[ragsk]

any updates.... pls.

[Gyfrinachgar]

Received Summons from the court for driving without due care and attention (Level Crossing while Red light) and was asked to attend court on 13th Dec, but I'm Applying for my ILR on 20th Dec. Please suggest can I take a chance for ILR on 20th Dec. or go for Tier 1 extension.

This will not be a simple CD10 FPN, but a court conviction - that is much more difficult. By the time you apply, it will be unspent and therefore falls into caseworkers discretion. The rest greatly depends on your record. If your slate is clean in all other respects and you only have a single red light on your record (without endangermend to public, causing injury/death, etc.), you have a good chance of successfully applying. There are several reports on this board from people who were successful with similar offences. Still, caseworkers discretion is always a gamble.

And would le me know, if I need attend the court personally ? will it have any advantage ?

As far as I know, attending the hearing personally or receiving a conviction in absentia makes no difference.

[ragsk]

Hi,

Thanks for response.

Would you think, instead go for Tier1 extension before 13 dec would be better option ?

and if yes,In tier1 application do I need to mention as I'm not convicted yet or in pending convictions.

E1. Has the applicant been convicted of any criminal offence in the UK or any other country?
Yes - go to question E2 No - go to question E3
E2. Please give details below for each criminal conviction, starting with the most recent one.
or

Questions E5 to E9 below must be answered, even if question E1 has been answered “No”.
For help in answering these questions, please see the definitions at the end of this section.
E5. Has the applicant ever been charged or indicted in any
country with a criminal offence for which you have not yet been
tried in court?
but according to application for E5 needs to be updated only for
For the purpose of answering questions E4 to
E8, the following information provides guidance
on actions which may constitute war crimes,
crimes against humanity, genocide, or terrorist
activities.

Thanks & Regards,
RAGS

[star13]

Hi There, I am in the same situation like yours and I have been advised that as long as you declare it on your application and if your past record is very clean it will not make much difference. I am going to apply for my ILR in January based on my 5 years WP.

[Mr Rusty]

This will not be a simple CD10 FPN, but a court conviction - that is much more difficult. By the time you apply, it will be unspent and therefore falls into caseworkers discretion...... If your slate is clean in all other respects and you only have a single red light on your record (without endangermend to public, causing injury/death, etc.), you have a good chance of successfully applying.

Are you sure it is discretionary? I don't read it as such from the Immigration Rules - if you take as an example Para 134, ILR "may be granted, provided" (vii) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974;

If you look at page 2 of this document, which is the caseworking guidance relating to criminal convictions, it says this:-
If an applicant or their dependants have an unspent conviction, you must refuse their application.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The word "must" does not appear to leave much room for discretion. I recall a number of cases on this and other forums where people who were stopped for speeding and produced a foreign driving licence could not be issued with a fixed penalty notice and therefore received a court conviction, which prevented them from applying for British Citizenship before it was spent. It should not be assumed that the extension of the criminal conviction provision to Indefinite Leave applications is likely to attract any different treatment.

[geriatrix]

ragsk, reading the last post in this topic may be useful.


Also,

1. An FPN / fine issued by a court for a motoring offence does not necessarily mean a "criminal conviction". Click on the words - some useful examples - in this post.

2. A court issued FPN / fine when driving in UK on an international driving permit is a matter of procedure (because police cannot issue an FPN for a international driving licence. Such court issued FPNs / fine do not necessarily result in "unspent conviction". There are numerous posts available in the forum reflecting this fact.
e.g. -
this topic, of approval of a naturalisation application.
this post, of approval of settlement application.

[ragsk]

Hi Experts,

Thanks for all your responses, Pls. find the update of my application.

we have booked Premium appointment for Ilr, but caseworker told that they can't take decision on my ILR until the court sentence is passed infact suggested to book one more appointment and go for Tier1 extension. Luckly we managed to book one more appointment for Tier1 extention today but again caseworker holding my passport and informed that they can't make decision today and issued a letter after my Biometrics stating

Your application is valid but there are further enquiries needed

they din't mention any details about the query on any particular document.

Please note that all my documents are in place with qualifying points of 95

So I have some questions, would be great if any one can clarify

1. How long does it take to respond on my application

2. As our current visa expires on 27th Dec., If I receive my passport before or after 27th Dec with positive decision, no issue, but in case if result is otherwise what should be my next action ???

Please suggest I'm terribly depressed about my current situation...

Regards,

[Gyfrinachgar]

Are you sure it is discretionary? I don't read it as such from the Immigration Rules (...) The word "must" does not appear to leave much room for discretion.

Yes, as per the caseworkes instructions manual: "Caseworkers should normally refuse an individual who has an unspent conviction, however there is discretion to overlook some minor one-off offences. (...) Where the applicant is of good character in all other respects caseworkers should normally be prepared to overlook a single minor unspent conviction (...)" Yes, it surely is a big gamble, but there is definitely a little bit of room for discretion in my eyes.

How long does it take to respond on my application

I don't think anybody can answer that question - it depends on too many factors as it is not a straightforward case.

[kvora]

Does the conviction affect tier 1 extension as well, I was under the impression that convictions only affect applications for ILR and citizenship. Please advice.

[Mr Rusty]

Are you sure it is discretionary? I don't read it as such from the Immigration Rules (...) The word "must" does not appear to leave much room for discretion.

Yes, as per the caseworkes instructions manual: "Caseworkers should normally refuse an individual who has an unspent conviction, however there is discretion to overlook some minor one-off offences. (...) Where the applicant is of good character in all other respects caseworkers should normally be prepared to overlook a single minor unspent conviction (...)" .

Can you link the document from which you quote? I quoted the "Modernised Guidance" which I thought is the current instruction, but UKBA aren't always on the ball at keeping public information up to date, and I no longer have access to restricted info.

[Gyfrinachgar]

Can you link the document from which you quote? I quoted the "Modernised Guidance" which I thought is the current instruction, but UKBA aren't always on the ball at keeping public information up to date, and I no longer have access to restricted info.

Sure: nationality caseworkers instructions manual, chapter 8, Annex D, particularly sections 3.1.2, 3.2.2 and 3.2.5 (I do not believe that this case is covered in the section 3.2.5).
Edit: Oh my bad - I just noticed that this is about ILR, not naturalisation. Sorry for the confusion.

[zamanam]

Hi there,

New rules say

(iv) 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.


This means if something is not on your criminal record i.e. police report or CRB it means it is not conviction??? what is the meaning og recorded on criminal record as most on traffic offence such as driving with due care CD10 is not a criminal conviction even if it is decided in the court!

Thanks

A

[ragsk]

Hi Experts,

Need ur inputs,

According to new rules,

(iv) 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.

What does this "Non Custodial Sentence" mean ???????

will it includes fine issued by the court for traffic offence such as driving with due care CD10 ??

Regards,
Ragsk[/quote]

[wpilr_nov12]

Custodial sentence = prison sentence

[Mr Rusty]

What does this "Non Custodial Sentence" mean ???????

will it includes fine issued by the court for traffic offence such as driving with due care CD10 ??

Regards,
Ragsk

[/quote]

Yes. "Non-Custodial" means a sentence by the court which does not include a prison snetence. It does include fines. It does not include Fixed Penalty Notices, which are not "sentences" imposed by the courts.

[ragsk]

Hi All,

Thank you so much for all of your inputs.
Happy to share the news that I have got my ILR today.
12:10 PEO Appointment
12:15 Biometric Done
12:20 Case Registration
12:30 waiting for Case Consideration
15:00 Case Under Consideration
15:30 Collected my Documents

CD10 didn't effect my ILR.

Rags