Ilr and driving offence

Hi, my husband has been in the UK since 2003. Between 2003 and 2007 he was on a student visa, in 2007 we got married, he was granted a 2 year spouse visa. in july 2009 he was convicted of a driving offence (speeding on the motorway) he got a £350 fine and 6 points on his license. He was due to to apply for ilr in december 2009 but we didn't have sufficent documents, so we applied for and extension, now that is due to come to an end we are due to apply for ilr, but the new rules about convictions means thatthe application will be refused... is this right? are we better of applying for flr?

Appreciate all the help. Thanks

eejzx wrote:Hi, my husband has been in the UK since 2003. Between 2003 and 2007 he was on a student visa, in 2007 we got married, he was granted a 2 year spouse visa. in july 2009 he was convicted of a driving offence (speeding on the motorway) he got a £350 fine and 6 points on his license. He was due to to apply for ilr in december 2009 but we didn't have sufficent documents, so we applied for and extension, now that is due to come to an end we are due to apply for ilr, but the new rules about convictions means thatthe application will be refused... is this right? are we better of applying for flr?

Appreciate all the help. Thanks

Was that a FPN or court notice

court notice, he had a choice if going to court but he didnt go because it was too far from were we lived and i had just had my baby so i couldnt cope with him having to go a away so we just got a letter through the post telling us the fine and where to send the license so that the points could be applied.

If the offence led to a criminal conviction, then settlement application will be refused. So, FLR(M) application is the most likely option.

hi thanks for your reply, i edited my post above yours, how do we know if it is a criminal conviction?

sushdmehta wrote:Checking for Unspent Convictions yourself....

Agree with Sushd check if you have unspent convictions on your record at DisclosureScotland or similar and go ahead and apply if clean.

I had 3 speeding tickets - all fixed penalty notices but had to be decided in court due to diff reasons (was on Indian Licence / couldn't produce counterpart). Like you even I couldn't attend the last one in court - speeding on Motorway- as this was in a Birmingham court. I did a basic disclosure check in disclosure scotland and a subject access request at the met site - both came clean - no convictions

I applied through smithstonewalters at PEO croydon on 21 Nov, got an email from them on 22nd stating my ILR had been approved - I almost choked! Because like you I was undecided for 3 months!

Good luck & God Bless!

Hello Folks,
I need some help guys.
I am in an unusual situation where I have 2 different results from different official bodies.
The ACRO Certificate in response to SAR request for my record on the PNC supplied by the Criminal Records office states no conviction.
I also applied for a basic disclosure from Disclosure scotland which shows the traffic speeding offence as a conviction.
Now, I dont know what to do and am really worried.

Basically, I got a speeding FPN in Scotland in 2010. I was supposed to pay for it within the 28-30 day period but I couldnt because I had misplaced my counterpart. I did ring the Court up within the period that I am sending you the payment and photocard and will forward the counterpart as soon as it arrives. I was advised to hold on to it and send everything together. By the time all the paperwork got to the court the time had lapsed. So, Summons were issued and I wrote a letter in response that I never meant to challenge the FPN and explained to them the reason & that I am okay to get the points and the fine. I had to pay £150 fine instead of £60 and the 3 points on my license. The court decision is dated 03-Feb-2011.

When the new rules came into effect, I got worried and applied to the Police for the SAR disclosure which came back as clean in May 2011. Now that my ILR is due in a few weeks, I applied for a basic disclosure at the disclosure scotland, just to be on the safe side, which actually shows the same offence as a conviction and I am back to my worrying stage.

Would any of you be able to advise me on my situation?

Any help would be very much appreciated.

nahmed wrote:Hello Folks,
I need some help guys.
I am in an unusual situation where I have 2 different results from different official bodies.
The ACRO Certificate in response to SAR request for my record on the PNC supplied by the Criminal Records office states no conviction.
I also applied for a basic disclosure from Disclosure scotland which shows the traffic speeding offence as a conviction.
Now, I dont know what to do and am really worried.

Basically, I got a speeding FPN in Scotland in 2010. I was supposed to pay for it within the 28-30 day period but I couldnt because I had misplaced my counterpart. I did ring the Court up within the period that I am sending you the payment and photocard and will forward the counterpart as soon as it arrives. I was advised to hold on to it and send everything together. By the time all the paperwork got to the court the time had lapsed. So, Summons were issued and I wrote a letter in response that I never meant to challenge the FPN and explained to them the reason & that I am okay to get the points and the fine. I had to pay £150 fine instead of £60 and the 3 points on my license. The court decision is dated 03-Feb-2011.

When the new rules came into effect, I got worried and applied to the Police for the SAR disclosure which came back as clean in May 2011. Now that my ILR is due in a few weeks, I applied for a basic disclosure at the disclosure scotland, just to be on the safe side, which actually shows the same offence as a conviction and I am back to my worrying stage.

Would any of you be able to advise me on my situation?

Any help would be very much appreciated.

Don't worry you will be fine. Trust me, your application will be successful.

I was in a similar panic mode before I applied for ILR last year, and my application was successful. The reason why the conviction came up on your disclosure from Disclosure Scotland is because the offence was committed in Scotland. Scottish law is different from English law. All Convictions/Fines from a Scottish Court are recorded into Scottish Criminal History System (SCHS)... Even a Court Fine for a Littering Offence in Scotland will be recorded into their CHS.
But in some other part of UK e.g England, some of this offences are not recordable - the more reason why your PNC Certificate from ACRO was clean. Disclosure Scotland checks both PNC & CHS for all Disclosure applications.

Trust me you will be fine. My Basic Disclosure from DS came with Fine and Points I got from Traffic offences, but my PNC Certificate from ACRO was clean. I applied and my ILR came back successfully after 10 weeks.

Wish you good luck with your application, but I will STRONGLY ADVISE you to declare the Speeding Fine in you ILR application form.

Oh thats a big relief, considering you had been in a similar situation.

Could it be that my case is at Case worker's discretion or am I fine as standard?

I am planning to use Solihull PEO for the same day service as I live in Birmingham. Yes, I will definitely mention the traffic offence on the ILR application.

My ACRO Certificate was dated May 2011 so I have applied again for a fresh one along with the Basic Disclosure Scotland. Its expected to come some time in March. The idea was to apply at PEO and take these Disclosures with me and show them as a proof in case anything does come up. But this Disclosure Scotland did give me a big shock to be honest as I was not expecting anything after the clean PNC.

Were your fines & points for a serious offence and were they also given in a Scottish court?

Cheers mate!

nahmed wrote:Oh thats a big relief, considering you had been in a similar situation.

Could it be that my case is at Case worker's discretion or am I fine as standard?

I am planning to use Solihull PEO for the same day service as I live in Birmingham. Yes, I will definitely mention the traffic offence on the ILR application.

My ACRO Certificate was dated May 2011 so I have applied again for a fresh one along with the Basic Disclosure Scotland. Its expected to come some time in March. The idea was to apply at PEO and take these Disclosures with me and show them as a proof in case anything does come up. But this Disclosure Scotland did give me a big shock to be honest as I was not expecting anything after the clean PNC.

Were your fines & points for a serious offence and were they also given in a Scottish court?

Cheers mate!

Hi,
I got my ILR approved Set ( M ) yesterday at Glasgow PEO with a traffic offence, I was convicted of driving on International Licence for over a year which was invalid, this happened in 2008, my conviction code was LC 20, I did physically appear at the court and plead guilty, and they gave me 3 penalty points on my UK provisional Licence, no fine but I did pay £30 court fees.
I mentioned it in my application, BUT I checked with DVLA that if my penalty points have been removed or not, they confirmed in my case with LC20 code points are removed 4 years after date of offence, hence they confirmed all endorsements have been cleared which I did mention in my application that penalty points are removed.

The caseworker said to me according to new rules all convictions must be spent before one apply for ILR, so he said what he will do is they will do their Police checks or whatever checks they do and then let me know after 10-15 mins if anything came up on my name, he said he will not charge me the fees untill they do their checks which will save me losing £1350 if something not right there.
After 5-7 mins my number called again and he said they have done their checks and everything is clear, they going to take the fees and I can collect my passport after an hour.

Hope this helps.

Please check the below link where someone got his ILR with Traffic conviction. I would say try your Luck !!!!

http://www.immigrationboards.com/viewtopic.php?t=94854

helo dewales 001,
congrats on yr ilr despite yr motoring offence.i do have some questions i would appreciate you answering as im in a similar situation.i committed d offence of driving uninsured and due to the new law i panicked about d success of my forthcoming ilr application and was advised by NACRO organisation that if i apply to PNC and it comes back with no conviction i can go ahead to apply with confidence to HO without mentioning the offence!
From yr thread i can read yr advice to someone to state d offence regardless of if ACRO Report comes clean.did u state ur offence in yr application and do u truly think that not stating it even with PNC proof wont help?will appreciate your response.
Cheers

helo kanecha,
congrats on yr ilr despite yr motoring offence.i do have some questions i would appreciate you answering as im in a similar situation.i admmitted d offence of driving uninsured and due to the new law i panicked about d success of my forthcoming ilr application and was advised by NACRO organisation that if i apply to PNC and it comes back with no conviction i can go ahead to apply with confidence to HO without mentioning the offence!
From yr thread i can read yr advice to someone to confidently apply to HO if ACRO Report comes clean.did u state ur offence in yr application thru smithstone waters? I will appreciate your response.
Cheers

Good topic going on.

I would strongly urge all those to share their success/ unsuccessful stories who have successfully / failed to gain their ILR with following details:


1- Type of Offence:

2- Did you recieve summon from court and did you attend court? or it was fixed penatly points

3- Outcome of alleged offece (i.e points, fine or any disqualification)? Again did it come from court?

4- Time b/w conviction and ILR application (to establish if conviction is 'Spent')

5- Result of ACRO certificate (clean or offence)

6- Result of CRB (clean or offence)

7- Did you apply through post or at PEO?

8- Did you mention it on your application or not?

9- Did you apply through solicitor or on your own?

10- Any other tip which you would like to share with your fellow members?



Guy, please share you experience and try to help your fellow members. You may have done that mistake unfortunately, but please share you experience so it elightens others to find best possible outcome for their applications considering their convictions.


I hope people will participate in this thread.

i had 3 points and £60 in penalty ticket 4 years ago due to speeding on motorway which I paid within 20 days.

Last year DVLA removed those points from my license.

Do I need to disclose this on my form?

irfanb00 wrote:i had 3 points and £60 in penalty ticket 4 years ago due to speeding on motorway which I paid within 20 days.

Last year DVLA removed those points from my license.

Do I need to disclose this on my form?

Firstly, it is not a convication on which they will deny ILR.
Secondly, you do not need to, as it is 'spent' / removed from DVLA.

However if I was you, I would still mention it, as I know it make no difference to outcome of my application.

Looking at current changes
http://www.immigrationboards.com/viewto ... onvictions

they are going to make it practice to mention all offences/ convictions irrespective of they being 'spent'.

All the best.