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T1, ILR (LR) and motoring offenses

General UK immigration & work permits; don't post job search or family related topics!

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k7501
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Posts: 66
Joined: Sun Oct 11, 2015 3:23 pm

T1, ILR (LR) and motoring offenses

Post by k7501 » Sun Oct 11, 2015 8:02 pm

Hello everyone!

I'm new to this forum, so excuse me for forgetting to mention some info that might be required for you to help me

I am currently here as a Graduate Entrepreneur and I will have to apply to extend my and my wife's visas in due course.
I have also built up 10 years and 4 months of legal residency here, but my wife has only been here for 9 months, therefore I do not want to apply for the IRL quite yet, until I get a proper Tier 1 Entrepreneur's visa next year for both of us.

My problem is that I have been convicted of an MS90 offense for Failing to Identify the driver of the vehicle. I have a court hearing about it on Wednesday where I will be pleading not-guilty. Another option would be for me to bargain for an SP30 offense (speeding 37 in 30) if I will be sure that it was myself driving the car a year ago. These, I believe, are Minor Motor Offences. I estimate my chances of winning to be 50/50, as it will depend purely upon my credibility.

My question is, if I lose, or accept an SP30 offense, would this mean that I will not be able to apply for LR ILR for 5 years?

This should have only been a speed awareness course if not for administrative errors leading to me not being aware of what was going on, missing all the post and hence being prosecuted for not identifying the driver.

Also, would I have to mention these in Criminal Record questions when extending T1GE leave to remain or when applying for T1E?


I will greatly appreciate any help or guidance. I am worried sick and feel like my 10 years of sticking to all the rules being under jeopardy because Royal Mail hasn't redirected some very important letters to my new address

k7501
Junior Member
Posts: 66
Joined: Sun Oct 11, 2015 3:23 pm

Re: T1, ILR (LR) and motoring offenses

Post by k7501 » Mon Oct 12, 2015 2:20 pm

A little help here..? please :( :roll:

k7501
Junior Member
Posts: 66
Joined: Sun Oct 11, 2015 3:23 pm

Re: T1, ILR (LR) and motoring offenses

Post by k7501 » Wed Oct 14, 2015 7:50 pm

Attended the court today and got a trial date 2 months after my Leave to remain will expire, so I will have to put the outstanding trial on the application form. Does anyone know if that will definitely make the application unsuccessful?

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CR001
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Re: T1, ILR (LR) and motoring offenses

Post by CR001 » Wed Oct 14, 2015 8:03 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tiredoftiers
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Joined: Sun Sep 06, 2015 10:56 pm

Re: T1, ILR (LR) and motoring offenses

Post by tiredoftiers » Thu Oct 15, 2015 12:08 am

Under trial means court proceedings are in process that you need to declare in ILR/any extension visa form not declaring would be a deception.
If you lodging any of above visa applications being under trial will make ukvi(most probably) hold your application until court completes their proceedings.
Once proceedings complete and you are sentenced/convicted ukvi makes decision on your application.
Your conviction is if recordable and recorded onto PNC this will prevent you applying for ILR within 2 years of conviction date. If its not recorded as i said previously and seen motering offences are not aversive for visa applications unless are recorded,too serius and repetitive.
In all cases you must declare all convictions whether under trial or convicted as long as you were prosecuted and convicted through a court in application form where it asks.

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