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Driving Offence and ILR

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

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kafi
Junior Member
Posts: 78
Joined: Wed Feb 24, 2010 1:59 pm

Driving Offence and ILR

Post by kafi » Thu Jun 28, 2012 12:32 pm

I got a driving offence due to the ignorance of law. the court gave me 14 days disqualification on 2010.

I also got CRB recently but there is no convictions on that report. talked to Solicitor and told me that there is discretion if there is no record in CRB .


and also one of friend got ILR with traffic offence from court,

Some solicitor says ' Don't bother to apply and wait 5 years to expire court fine'

Confusing ???????????

Can anyone advise?????

or please share you experience if you got ILR with traffic offence after april- 2011.

geriatrix
Moderator
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Driving Offence and ILR

Post by geriatrix » Thu Jun 28, 2012 12:35 pm

kafi wrote:I also got CRB recently but there is no convictions on that report.
When there is no conviction against you, why is the solicitor telling you that should wait for the fine to expire before applying for settlement?

A traffic offence is not an impediment to settlement, an unspent conviction is. And there is a "big" difference between the two.
Life isn't fair, but you can be!

neerukonda9
Newly Registered
Posts: 26
Joined: Mon Oct 05, 2009 9:26 am

Driving offence and ILR elibility

Post by neerukonda9 » Fri Jun 29, 2012 2:12 pm

Hi Mr.Mehta

One of my friend was fine £300 and 6 points through court. He spent lot of money on number solicitors consulations seeking thier view ith his ILR eligibility given the driving offence , sadly no concurrent view from Solicitors.

I would like to hear your view please and also if he is not eligible for ILR what are the options for him.

Look forward to hear from you.

Thank you
Maruti

innocentdevil
Diamond Member
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Joined: Thu Aug 27, 2009 8:58 am

Post by innocentdevil » Fri Jun 29, 2012 2:23 pm

convicted / charged by court not by FPN will result in unspent conviction. apply for flr instead of ILR

geriatrix
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Re: Driving offence and ILR elibility

Post by geriatrix » Fri Jun 29, 2012 2:27 pm

neerukonda9 wrote:One of my friend was fine £300 and 6 points through court. He spent lot of money on number solicitors consulations seeking thier view ith his ILR eligibility given the driving offence , sadly no concurrent view from Solicitors.
He should have spent 30 quids on a basic CRB check first! Suggest that he gets it done.

Then the option(s) that may be available to him will be clear.
Life isn't fair, but you can be!

neerukonda9
Newly Registered
Posts: 26
Joined: Mon Oct 05, 2009 9:26 am

Re: Driving offence and ILR elibility

Post by neerukonda9 » Fri Jun 29, 2012 2:43 pm

Thank you Mehta. He already got his CRB couple of months back and no record of convictions in that. So is he eligible for ILR .



sushdmehta wrote:
neerukonda9 wrote:One of my friend was fine £300 and 6 points through court. He spent lot of money on number solicitors consulations seeking thier view ith his ILR eligibility given the driving offence , sadly no concurrent view from Solicitors.
He should have spent 30 quids on a basic CRB check first! Suggest that he gets it done.

Then the option(s) that may be available to him will be clear.

geriatrix
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Location: does it matter?

Post by geriatrix » Fri Jun 29, 2012 2:47 pm

neerukonda9 wrote:He already got his CRB couple of months back and no record of convictions in that. So is he eligible for ILR .
I believe he is.
Life isn't fair, but you can be!

kafi
Junior Member
Posts: 78
Joined: Wed Feb 24, 2010 1:59 pm

Re: Driving offence and ILR elibility

Post by kafi » Sat Jun 30, 2012 11:20 pm

neerukonda9 wrote:Hi Mr.Mehta

One of my friend was fine £300 and 6 points through court. He spent lot of money on number solicitors consulations seeking thier view ith his ILR eligibility given the driving offence , sadly no concurrent view from Solicitors.


Maruti
I have been to solicitor who is very straight forward . The solicitor told me as I don't have any conviction in CRB , though I have IN10-offence from court, I have right to get ILR.

If there is no record as a criminal offence in CRB, HO can not treat you as a criminal.

But found a link from website ( replied from Home Office)which is very confusing ......http://www.whatdotheyknow.com/request/h ... fect_ilr_a

Any explanation are most welcome .....................Please

kafi
Junior Member
Posts: 78
Joined: Wed Feb 24, 2010 1:59 pm

Post by kafi » Sat Jun 30, 2012 11:24 pm

as i have no record in CRB , should I need disclose traffic offence in ILR form or should not?

zahid.ali.anwar
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Joined: Mon Jan 19, 2009 7:04 am

Re: Driving offence and ILR elibility

Post by zahid.ali.anwar » Sun Jul 01, 2012 5:59 am

sushdmehta wrote:
neerukonda9 wrote:One of my friend was fine £300 and 6 points through court. He spent lot of money on number solicitors consulations seeking thier view ith his ILR eligibility given the driving offence , sadly no concurrent view from Solicitors.
He should have spent 30 quids on a basic CRB check first! Suggest that he gets it done.

Then the option(s) that may be available to him will be clear.
Why dont you try Police National Database Check. One of board member asifmal has done that and it came clear. He, when he went for his ILR at PEO Solihill, gave the case worker his PNC check report. The case worker returned it even without looking it and point to a person saying, he is the one who checks the same database. So I think, PNC check is must, in case you have any query with regards to criminal conviction.
The question is... to be or not to be....

angelloveguy
Member
Posts: 147
Joined: Wed Feb 24, 2010 2:41 am

Post by angelloveguy » Sun Jul 01, 2012 12:38 pm

Yes go for PNC check. for this you need to go to any Police station and submit the form with a small fee and they will post the report on your home address. all criminal convictions are on PNC and if PNC is clear then no need to worry !!!

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