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Road traffic accident and ILR due in September

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Foreigner123
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Joined: Wed Apr 15, 2015 9:12 pm

Road traffic accident and ILR due in September

Post by Foreigner123 » Thu Jul 09, 2015 6:35 pm

Hi all

I can believe how unlucky I am!
I just got involve in a road traffic accident.

No one is hurt but police was involved as I only hold a provisional driving license and they don't accept my international driving license.

So the police informed me that she will have to forward the paperwork to court for "not driving accordance to driving license"

My ILR is due This Sept 2015.
Does this mean my ILR will be refused ?????
I can't believe this happen so near my ILR time.

Please help !!!!!

PrestonLancs

Re: Please help experts !!!! CR001!!

Post by PrestonLancs » Thu Jul 09, 2015 7:17 pm

Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.

Foreigner123
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Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Re: Please help experts !!!! CR001!!

Post by Foreigner123 » Thu Jul 09, 2015 7:18 pm

PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.

Hi PrestonLancs

What should I do ?
Does that mean I have to leave?

User avatar
Casa
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Re: Please help experts !!!! CR001!!

Post by Casa » Thu Jul 09, 2015 7:23 pm

PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.
PrestonLancs...always the negative. How do you know they'll be found guilty? Are you the Magistrate?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: Please help experts !!!! CR001!!

Post by Casa » Thu Jul 09, 2015 7:24 pm

Foreigner123 wrote:
PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.

Hi PrestonLancs

What should I do ?
Does that mean I have to leave?
What category of visa do you have at present? How long have you been driving on your International licence? You could instruct a solicitor to represent you in court.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Foreigner123
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Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Re: Please help experts !!!! CR001!!

Post by Foreigner123 » Thu Jul 09, 2015 7:25 pm

Casa wrote:
PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.
PrestonLancs...always the negative. How do you know they'll be found guilty? Are you the Magistrate?
Case can you please help or provide advice?

Do you think I should submit my ILR application early?

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Re: Please help experts !!!! CR001!!

Post by Foreigner123 » Thu Jul 09, 2015 7:30 pm

Casa wrote:
Foreigner123 wrote:
PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.

Hi PrestonLancs

What should I do ?
Does that mean I have to leave?
What category of visa do you have at present?
Tier 2 General
How long have you been driving on your International licence?
Came to UK on 18/10/2010. Driving since jan 2011

You could instruct a solicitor to represent you in court.

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Casa
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Re: Please help experts !!!! CR001!!

Post by Casa » Thu Jul 09, 2015 7:38 pm

You're not permitted to drive in the UK on an International licence for 4+ years. I believe you may have to declare in an ILR application any pending court cases. The best option would be to get legal advice and representation at court. You may be able to apply for an extension on FLR(O) and I've posted the link, but in the meantime wait for advice from other members who may know more. (not pointless negative responses)
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

PrestonLancs

Re: Please help experts !!!! CR001!!

Post by PrestonLancs » Thu Jul 09, 2015 7:41 pm

Casa wrote:
PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.
PrestonLancs...always the negative. How do you know they'll be found guilty? Are you the Magistrate?
One some matter I know a lot more than a Magistrate. I can give a cast iron guarantee that it is a clear cut conviction. There is no defence available. Yes he can go to a solicitor. Solicitor will take on the case, because they have to take the case because they earn money by taking up the case. Still, a conviction is 100 percent guaranteed.

What you are asking is irrlevant. ie "how long have you been driving on international license etc etc".
This is immaterial. As soon as someone gets a UK provisional license, the only thing that governs the driving entitlements in the UK driving license. This is well established and well known. If someone has a UK provisional license, and they are driving un-supervised, then there is nothing in the world that can save the person from a conviction.

akan
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Re: Please help experts !!!! CR001!!

Post by akan » Thu Jul 09, 2015 7:47 pm

The international driving license is invalid after one year of your arrival to UK, therefore you cannot drive on international license since you have been here for just too long.

You cannot contest in court on the basis that you didnt know international driving license is invalid, you will get fined from court unfortunately.

Zee ali
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Re: Please help experts !!!! CR001!!

Post by Zee ali » Thu Jul 09, 2015 7:58 pm

U r still using your International Driving licence even after 5 years of living in this country.

U r not a law abiding immigrant.

U were busted before

Also what sort of traffic offence you got?
I'm worried as I have IN14 with £200 fine and 6 points
Back in March 2011


Red text extract from your previous post.

Its not about lucky or unlucky. Its about u r driving without a valid driving licence. What driving licence details u gave to the insurance?

No valid driving licence means No insurance.

U r in a big trouble specially when u r after ILR in few months time
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

PrestonLancs

Re: Please help experts !!!! CR001!!

Post by PrestonLancs » Thu Jul 09, 2015 10:57 pm

Goes to show how much respect people have for the law of the land. Drive without insurance, get caught and get convicted.

Still carrry on driving without a license? Get caught again. If you cared about yourselves, then after getting caught first time, you would have kept yourselves legal afterwards. Lived 4 years in UK, and want to settle, and can't be asked to pass a driving test?

PC people are sure going to jump and shout, but I personally would like people who are serial persistent law breakers to be thrown out of UK.

TODMATT
Diamond Member
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Joined: Wed Jun 13, 2012 1:09 pm

Re: Please help experts !!!! CR001!!

Post by TODMATT » Fri Jul 10, 2015 1:25 am

He came on here for solution and am very sure he's going to learn from this and pass it on but there's no need to be negative about the situation. We all need help at some point in life and we came on here for advice. The word impossible says I'm possible and the only money I can borrow the OP is to pray for over it and hopefully God will make things alright.



This is my opinion and anybody is entitle to theirs.
My opinions should not be constituted as an immigration or legal advice.

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Re: Please help experts !!!! CR001!!

Post by Foreigner123 » Fri Jul 10, 2015 2:46 am

I haven't been able to sleep all night worrying about this!!!

My first offence isn't entirely my fault. My other half drove my car and he wasn't on the insurance. I was given the option to said I allowed him to use the vehicle or he will be prosecuted
For stealing. What would you choose in this case? Anyway that's past and it's done.

I came here to just to earn a living to support my family back home. I'm not trying to ask for sympathy but genuinely needed advice !! I admit it's my fault and I gotta pay for it. I have started my process to get the full British driving license.

I'm terribly sorry if this upsets anyone.

Ditima98
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Contact:

Re: Please help experts !!!! CR001!!

Post by Ditima98 » Fri Jul 10, 2015 6:49 am

Sad indeed, take heart dear, I can feel for you.I believe you when you say u did not sleep because even us faced with different scenario barriers to ILR and trying to pull through are equally spending sleepless or half hearten night sleeps.

But do not lose heart, pray that there may be a loop hole in the law somewhere which may see you get away with this one and get your permanent residence, would advise you urgently seek legal advise.
ditima

geriatrix
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Location: does it matter?

Re: Road traffic accident and ILR due in September

Post by geriatrix » Wed Jul 29, 2015 7:39 pm

OP,

After you have been to the court (I am assuming here that you will be fined / convicted), apply for basic disclosure. If the basic disclosure makes no mention of a (unspent) conviction, go ahead and apply for settlement and mention the details of the incident (and that you fined / convicted by the court) in the form.
Life isn't fair, but you can be!

sanjaywakhare
Junior Member
Posts: 90
Joined: Mon Feb 08, 2010 10:09 am
Location: India

Re: Please help experts !!!! CR001!!

Post by sanjaywakhare » Thu Jul 30, 2015 9:58 am

Foreigner123 wrote:
PrestonLancs wrote:Yes, you were found driving without license. You will receive summons from court. You will be found guilty. If you apply for ILR, you will be refused. There is nothing you can do about it.

Hi PrestonLancs

What should I do ?
Does that mean I have to leave?
Hi Foreigner123,

I am no expert here, but I think there is no harm in seeking a solicitors advice. If am not wrong after a court summon you need to wait for 2 years before you can apply for ILR. 2 years time starts from the point when you have settled your fines/conviction.

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Letter of absences from employer or self produce ?

Post by Foreigner123 » Fri Jul 31, 2015 8:06 pm

Hi all

Planning to apply ILR under Tier 2 (G) route.
Each year I have 25 days paid annual leave.
I would like to ask if I need a letter from my employer to prove this? Or I can do one myself ?

Either one please kindly provide a template

Many thanks

geriatrix
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Location: does it matter?

Re: Letter of absences from employer or self produce ?

Post by geriatrix » Sat Aug 01, 2015 4:13 am

Foreigner123 wrote:Hi all

Planning to apply ILR under Tier 2 (G) route.
Each year I have 25 days paid annual leave.
I would like to ask if I need a letter from my employer to prove this? Or I can do one myself ?

Either one please kindly provide a template

Many thanks
Letter from employer (245HF(e) and 245HF-SD(B)).
Life isn't fair, but you can be!

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

ILR Covering LEtter

Post by Foreigner123 » Sat Aug 08, 2015 9:14 pm

Hi all,

could someone please kindly direct me to the correct post or provide me with a link for
ILR Covering Letter and a Self-Produce Absences Letter from UK.

THank you very much

LondonerIndian
Newly Registered
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Re: ILR Covering LEtter

Post by LondonerIndian » Mon Aug 10, 2015 7:48 am

Foreigner123 wrote:Hi all,

could someone please kindly direct me to the correct post or provide me with a link for
ILR Covering Letter and a Self-Produce Absences Letter from UK.

THank you very much
A simple search would help you find answer to your queries.

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Section 7.3 on SET O

Post by Foreigner123 » Tue Aug 18, 2015 6:56 am

Hi all

I have IN14 convicted on 25/03/2011
Date of offence is 11/01/2011

I was given 6 points and £200 fine.

InSection 7.3 do I tick I have civil judgement/ penalty as I have £200 fine?

Gurus please help

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

ILR next week please help section 7.3 on form set o

Post by Foreigner123 » Tue Aug 18, 2015 5:21 pm

Hi all

Does the £200 fine from my motoring conviction classed as civil penalty? I have paid straight away but I just need to know if I tick yes or no for section 7.3

Please help experts

Thank you

geriatrix
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Location: does it matter?

Re: Road traffic accident and ILR due in September

Post by geriatrix » Tue Aug 18, 2015 6:18 pm

Who convicted you? Only a judge can convict you ...
Life isn't fair, but you can be!

Foreigner123
Newbie
Posts: 44
Joined: Wed Apr 15, 2015 9:12 pm

Re: Road traffic accident and ILR due in September

Post by Foreigner123 » Tue Aug 18, 2015 6:35 pm

sushdmehta wrote:Who convicted you? Only a judge can convict you ...
Hi sushmehta

It's a motoring conviction I had back in 2011.
Was given fine and points on my driving license.
So I want to know does the £200 falls under civil penalty under section 7.3thsnks

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