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Driving a car to work within 6months of arrival to UK
Posted: Mon Mar 16, 2020 10:33 am
by dev_da321
Is anyone in my situation?
I started driving a car to work within 6months of arrival to UK (arrived in May 2015) with non-GB.
GOV.UK (
https://www.gov.uk/driving-nongb-licence) tool which says 'You can drive in Great Britain on your full, valid driving licence for 12 months from when you became resident'.
It was my opinion that 'I became resident' of UK as long as I live in UK and pay council tax and therefore I started driving.
I'm applying for ILR next month first week and worried about this situation.
Will this cause a reason for refusal of my ILR application?
Has anyone got ILR in this situation?
Thanks for you help!!
Cheers
Re: Driving a car to work within 6months of arrival to UK
Posted: Mon Mar 16, 2020 10:55 am
by Zerubbabel
Do you mean you've been driving on a non-UK license since 2015?
Have you been stopped by the police?
Re: Driving a car to work within 6months of arrival to UK
Posted: Mon Mar 16, 2020 11:25 am
by dev_da321
Thanks for your reply Zerubbabel.
No, I drove 15 months after coming to UK with non GB licence and then got UK full licence. No more convictions other than speeding awareness course.
Unfortunately, I did mention the same in my BRP application as I drove within 6 months of arrival but later the application was withdrawn. So I definitely need to declare this in ILR application too. I just looking for opportunities to challenge my ILR application if rejected.
Thanks again.
Dev
Re: Driving a car to work within 6months of arrival to UK
Posted: Mon Mar 16, 2020 11:29 am
by dev_da321
Bit more information:
Resident meaning: I must spend 183 days to become a resident. On this basis, I should drive only after 183 days after arriving UK.
https://www.gov.uk/tax-foreign-income/residence
Work out your residence status
Whether you’re UK resident usually depends on how many days you spend in the UK in the tax year (6 April to 5 April the following year).
You’re automatically resident if either:
you spent 183 or more days in the UK in the tax year
your only home was in the UK - you must have owned, rented or lived in it for at least 91 days in total - and you spent at least 30 days there in the tax year
Re: Driving a car to work within 6months of arrival to UK
Posted: Mon Mar 16, 2020 2:07 pm
by zimba
dev_da321 wrote: ↑Mon Mar 16, 2020 11:25 am
Thanks for your reply Zerubbabel.
No, I drove 15 months after coming to UK with non GB licence and then got UK full licence. No more convictions other than speeding awareness course.
Unfortunately, I did mention the same in my BRP application as I drove within 6 months of arrival but later the application was withdrawn. So I definitely need to declare this in ILR application too. I just looking for opportunities to challenge my ILR application if rejected.
Thanks again.
Dev
Speeding awareness course is not a conviction and it is not relevant to ILR. Applicants often do not understand what affects ILR and assume things on their own.
Re: Driving a car to work within 6months of arrival to UK
Posted: Tue Mar 17, 2020 9:34 am
by dev_da321
Thanks Zimba for your reply.
I'm not worried about Speeding. But I drove a car within 183 days of arrival and it was mentioned in previous application. As per GOV.UK
1. GOV.UK (
https://www.gov.uk/driving-nongb-licence) which says 'You can drive in Great Britain on your full, valid driving licence for 12 months from when you
became resident'.
2. Resident meaning:
https://www.gov.uk/tax-foreign-income/residence
Work out your residence status
Whether you’re UK resident usually depends on how many days you spend in the UK in the tax year (6 April to 5 April the following year).
You’re automatically resident if either:
you spent 183 or more days in the UK in the tax year
your only home was in the UK - you must have owned, rented or lived in it for at least 91 days in total - and you spent at least 30 days there in the tax year
Based on above criteria, I shouldn't drive a car before 183m days but I did it. Just checking opportunities for challenge my case if rejected.
Apologies if I could not give clear information regarding my issue.
Thanks and Regards,
Dev
Re: Driving a car to work within 6months of arrival to UK
Posted: Wed Mar 18, 2020 7:24 am
by poper
dev_da321 wrote: ↑Tue Mar 17, 2020 9:34 am
Thanks Zimba for your reply.
I'm not worried about Speeding. But I drove a car within 183 days of arrival and it was mentioned in previous application. As per GOV.UK
1. GOV.UK (
https://www.gov.uk/driving-nongb-licence) which says 'You can drive in Great Britain on your full, valid driving licence for 12 months from when you
became resident'.
2. Resident meaning:
https://www.gov.uk/tax-foreign-income/residence
Work out your residence status
Whether you’re UK resident usually depends on how many days you spend in the UK in the tax year (6 April to 5 April the following year).
You’re automatically resident if either:
you spent 183 or more days in the UK in the tax year
your only home was in the UK - you must have owned, rented or lived in it for at least 91 days in total - and you spent at least 30 days there in the tax year
Based on above criteria, I shouldn't drive a car before 183m days but I did it. Just checking opportunities for challenge my case if rejected.
Apologies if I could not give clear information regarding my issue.
Thanks and Regards,
Dev
You are a resident when you entered the UK as long as you were not on a visitor visa.
The 183 days you are quoting is the residency status merely for tax computation
Re: Driving a car to work within 6months of arrival to UK
Posted: Wed Mar 18, 2020 5:17 pm
by zimba
What you did is NOT relevant to ILR. Again you are assuming things that are not relevant at all. Stop being paranoid