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Driving Offence and ILR

Posted: Thu Jun 28, 2012 12:32 pm
by kafi
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.

Re: Driving Offence and ILR

Posted: Thu Jun 28, 2012 12:35 pm
by geriatrix
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.

Driving offence and ILR elibility

Posted: Fri Jun 29, 2012 2:12 pm
by neerukonda9
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

Posted: Fri Jun 29, 2012 2:23 pm
by innocentdevil
convicted / charged by court not by FPN will result in unspent conviction. apply for flr instead of ILR

Re: Driving offence and ILR elibility

Posted: Fri Jun 29, 2012 2:27 pm
by geriatrix
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.

Re: Driving offence and ILR elibility

Posted: Fri Jun 29, 2012 2:43 pm
by neerukonda9
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.

Posted: Fri Jun 29, 2012 2:47 pm
by geriatrix
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.

Re: Driving offence and ILR elibility

Posted: Sat Jun 30, 2012 11:20 pm
by kafi
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

Posted: Sat Jun 30, 2012 11:24 pm
by kafi
as i have no record in CRB , should I need disclose traffic offence in ILR form or should not?

Re: Driving offence and ILR elibility

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

Posted: Sun Jul 01, 2012 12:38 pm
by angelloveguy
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 !!!