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Traffic offence and ILR

Posted: Fri Feb 11, 2011 5:20 pm
by zeeshanpervez
Hi all,

Does anyone know if a traffic offence (TS10, 3 points and fixed £60 penality) would be a problem in getting ILR?

Are there any ILR rules changing in April 2011 which will cause any problem for ppl with traffic offences?

Thanks

Posted: Fri Feb 11, 2011 6:17 pm
by internev29a
should'nt be a problem if you do not have a criminal record with police. If unsure, get it checked with police before applying for ILR.

Posted: Sat Feb 19, 2011 9:54 am
by blay1
internev29a wrote:should'nt be a problem if you do not have a criminal record with police. If unsure, get it checked with police before applying for ILR.
The same applies to me i have 3points on my licence for speeding 38mph on a 30 zone. I hope it won't affect me at all cos i have been waiting for a long time

Unspent motoring conviction

Posted: Sat Feb 19, 2011 10:55 am
by lavkir
You will have problems with ILR post April 2011 if the penalty points and fine were awarded by a court.
This means that you have a motoring conviction which will become spent only after 5 years and thus render you ineligible for ILR when the new rules for settlement come into force.

Posted: Sat Feb 19, 2011 2:57 pm
by internev29a
yea i agree with you lavkir.

Posted: Sun Feb 20, 2011 10:14 am
by zeeshanpervez
Does anyone know what exact date these rules are being implemented?

Posted: Sun Feb 20, 2011 10:18 am
by zeeshanpervez
Also the fine and points were not awarded by court. Met police sent a letter asking about driver name, I provided my details. They sent a fixed penalty notice which I paid and DVLA put 3 points on my counter part.

Posted: Sun Feb 20, 2011 12:06 pm
by sherkhan297
Hi, I received a fixed penalty charge in Oct 2009 for briefly driving into a bus lane.. I didnt realise this while driving as it was a small strip marked as bus lane..however, i paid up the fine of GBP 60.00 (did not appeal or go to court)...

I assume this is not a motoring conviction and wont be an issue during ILR application? also, would we need to put this down in the SET (O) form where it asks for 'criminal convictions including motoring offences'?

Any help and advice will be appreciated.

Thanks..

Posted: Sun Feb 20, 2011 2:44 pm
by internev29a
@zeeshanpervez: No criminal record in your case. No need to mention in your application for ILR.

@sherkhan297: same as above

Posted: Sun Feb 20, 2011 3:23 pm
by salina02
I think it wont affect ILR but still we have to declare that.

Posted: Sun Feb 20, 2011 3:28 pm
by sherkhan297
Thanks internev29a and salina02..

@Salina02 - assume you mean that the bus lane violation also needs to be mentioned in the ILR form?

Posted: Mon Feb 21, 2011 8:16 am
by salina02
sherkhan297 wrote:Thanks internev29a and salina02..

@Salina02 - assume you mean that the bus lane violation also needs to be mentioned in the ILR form?
If you been fined fixed penalty and points then you have to.

Posted: Mon Feb 21, 2011 10:17 am
by rajathwp
I don't think u were awarded points if yes then i reckon no need to declare in application form

Posted: Mon Feb 21, 2011 11:02 am
by surajban
I think there is contradiction going to delcare it or not.

Can someone who gone through this please correct it.

Posted: Mon Feb 21, 2011 11:37 am
by rajathwp
Sorry to be crystal clear= If Points awarded - Must declare

If it was a fine i reckon don't need to but seniors can correct me if I am wrong.

Posted: Mon Feb 21, 2011 6:55 pm
by sherkhan297
Thats right.. no points awarded for driving in the bus lane.. only fine..which was paid without going to court..

Re: Traffic offence and ILR

Posted: Thu Apr 28, 2011 8:23 pm
by rajesh_kumar01
zeeshanpervez wrote:Hi all,

Does anyone know if a traffic offence (TS10, 3 points and fixed £60 penality) would be a problem in getting ILR?

Are there any ILR rules changing in April 2011 which will cause any problem for ppl with traffic offences?

Thanks
This new law is not going to effect if one got HSMP Visa before 7th NOv 2006.
Also it will not effect one, irrespective of VISA GRanted date , if fine and points did not come from a court order. That means if you got penality notice and paid that without challenging that and case did not go to court then it will not effect you.

Posted: Thu Apr 28, 2011 8:24 pm
by rajesh_kumar01
surajban wrote:I think there is contradiction going to delcare it or not.

Can someone who gone through this please correct it.

you should not hide and information. You should declare , let them take decision according to Law. Anyway they will have all your details.

Posted: Thu Apr 28, 2011 9:10 pm
by Cheekoo
Guys, there is another case also, If you got the Fixed Penalty Notice with points and fine , but you were driving on a foreign license, then Police system can not handle that so that fine gets processed thru Magistrate Court.

So if 2 persons get the fine and points for the same offense, but one was driving on UK license and other on Foreign / International then the guy who was on UK license is fine as FPN's are clearly mentioned in 6th April Rule change that it will not affect your application. However the other one , person driving on International / Foreign License who get's it thru Court, is still a grey area.

Posted: Thu Apr 28, 2011 9:12 pm
by Cheekoo
http://www.ukba.homeoffice.gov.uk/sitec ... reen-video

I watched this a few times , looks like they are not after the minor traffic offenses, but it's not very clear.

Posted: Fri Apr 29, 2011 2:13 am
by [iD]
sherkhan297 wrote:Thats right.. no points awarded for driving in the bus lane.. only fine..which was paid without going to court..
Driving on a bus lane is not a criminal offence. You were fined by council and as long as you paid the fine the case is done and dusted (It's same as parking on a double yellow line). You do not need to mention that.

Posted: Fri Apr 29, 2011 6:40 pm
by nswapnil
Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards

Posted: Fri Apr 29, 2011 6:58 pm
by geriatrix
nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards
1. It's 07-Nov-06.
2. 245CD(a).

Posted: Sun May 01, 2011 2:02 am
by sameer2012
sushdmehta wrote:
nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards
1. It's 07-Nov-06.
2. 245CD(a).
Hi
Can someone please guide me the points on the licence would be removed after 4 years or 5 years.
According to DVLA website, It stays till 4 years but I have found some posts here stating that It will remove after 5 years.Please provide a link regarding this 5 years rule If you can.
Where it is stated that It will not effect your ILR If you don't go to court against your traffic offences.
Thanks

Posted: Sun May 01, 2011 7:09 am
by gidoc
NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards