ILR & DRIVING OFFENCE

wkb10172 · Post by **wkb10172** » Sat Jan 19, 2013 9:35 pm

I got court summons for a speeding offence few months back. This was my first & only driving offence, no one got injured/hurt. I pleaded guilty by post. But I've got 6 penalty points from magistrate court & £400 fine. Since it was within the first 2 years my license got revoked and I was told by DVLA to apply afresh. My ILR is within a month. Can anyone advise if it would impact my ILR and if so what I need to do?[/b]

Post by **Obie** » Sat Jan 19, 2013 11:38 pm

On which basis are you applying for ILR. Provide this is not on your criminal record, you will be fine. If it is You may be refused under ( General Ground forrefusal ) 320(18A) and may have to wait for 12 months to qualify for ILR.

purulingaraju2013 · Post by **purulingaraju2013** » Sat Jan 19, 2013 11:41 pm

As long as you are not serving any bans... you should be alright...

Post by **Obie** » Sat Jan 19, 2013 11:44 pm

It not the punishment that was given that counts, but rather, whether he accepted to an offence, and this was recorded in his criminal record.

I believe OP should seek a police record, to see if this offence was recorded on it.

JohnM · Post by **JohnM** » Sun Jan 20, 2013 4:04 pm

If there is no criminal record, should he still declare it in the ILR application form?

wkb10172 · Post by **wkb10172** » Sun Jan 20, 2013 7:18 pm

JohnM wrote:If there is no criminal record, should he still declare it in the ILR application form?

That's my question too. Do I need to get a CRB check done? and if there is nothing recorded then I don't disclose in set(O) for..?

wkb10172 · Post by **wkb10172** » Sun Jan 20, 2013 7:20 pm

purulingaraju2013 wrote:As long as you are not serving any bans... you should be alright...

No I'm not serving any ban...I've passed my driving theory test again and about to take up the practical test this month end.

wkb10172 · Post by **wkb10172** » Sun Jan 20, 2013 7:22 pm

Obie wrote:On which basis are you applying for ILR. Provide this is not on your criminal record, you will be fine. If it is You may be refused under ( General Ground forrefusal ) 320(18A) and may have to wait for 12 months to qualify for ILR.

So you mean me to do a CRB check? and is it now 12 months ?

hsmpaspirant2008 · Post by **hsmpaspirant2008** » Sun Jan 20, 2013 9:07 pm

Ideally if I were you I will request a CRB check and SAR report, if both are clean then you will not have any issues with your application.

JohnM · Post by **JohnM** » Sun Jan 20, 2013 9:32 pm

I also had fine and 4 points. No criminal record. Many people on this forum advice to disclose it anyway. But I am not sure why I should do it. It says spent or even unspent conviction. However, I have Police Certificate which confirms I never had any convictions. If any expert could advice please with some explanation, it would be great. On the one hand, I don't want to hide anything, on the other, I don't want to say more than I need. And form is designed in a way that you need only to disclose conviction. At the same time it is kind of confusing because they also mention all traffic offences dealt in the court but only after you confirm that you had criminal conviction. Very confusing, I think deliberately.

wkb10172 · Post by **wkb10172** » Mon Feb 11, 2013 6:30 pm

My office solicitor has refused to submit my application. I've spoken with another solicitor, who has handled one of my friends case (overstay issue). He too advised that new rule on General grounds of refusal dtd 13th Dec 2012 would refuse my application. I'm now advised to go for visa extension and need to wait another 1.5 years before I try for the ILR.

Does anyone with similar situation as mine have a ILR success story?

Is anyone submitting through any solicitor? I would appreciate very much if you can send any contact of your solicitor.

Gagan1986 · Post by **Gagan1986** » Mon Feb 11, 2013 7:26 pm

wkb10172 wrote:My office solicitor has refused to submit my application. I've spoken with another solicitor, who has handled one of my friends case (overstay issue). He too advised that new rule on General grounds of refusal dtd 13th Dec 2012 would refuse my application. I'm now advised to go for visa extension and need to wait another 1.5 years before I try for the ILR.

Does anyone with similar situation as mine have a ILR success story?

Is anyone submitting through any solicitor? I would appreciate very much if you can send any contact of your solicitor.

Hi,

First of all if you have time in hand, get a CRB check done and see what comes up. If it comes out clear, there are two things which both carry risks :-

1. Disclose it- Risk Factor- CW might look at it and straightaway refuse it as the fine has come through the court Etc within last 24 months or you can attach your CRB report showing it is not a criminal conviction and see if gets convinced. Totally depends on the CW and your luck.
2. Don't disclose it - You might get away with it if their checks come out clear too. Risk - if a trace comes out in their check then you application will be rejected straightaway and that can come with some consequences. So you need to decide yourself what you wish to do.

What was the date of offence and why exactly was the offence in detail?

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR & DRIVING OFFENCE

ILR & DRIVING OFFENCE