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Effect on ILR because of Driving License Revoked

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jsharif
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Posts: 3
Joined: Sun Aug 12, 2012 11:14 pm
Location: South Croydon

Effect on ILR because of Driving License Revoked

Post by jsharif » Sun Aug 12, 2012 11:42 pm

Hi,

I have a full UK license for about 8 months. I today received my over speeding FPN (3 points and £60) by an officer with speed gun. I accepted it and have paid the fine now i.e., not taking to court.

My brother is telling me, that I might have been caught on fixed cameras earlier as well. Essentially if that happens, that would take me to 6 points and my license would be revoked to a learner one (as told me by the same officer who fined me).

The good character documentation state (Section 3.2.2, 3.2.3) FPN's are not convictions unless handed by the court (which I am assuming makes me safe, since I didnt contest the fine). Also section 3.2.4 explains "caseworkers should not normally take into account fixed penalty notices, unless the applicant has received more than one fixed penalty notice in the last 12 months, and this would suggest a pattern of offending"
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Furthermore, the UKBA site explain (Section "Your Criminal Record") that "You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court"
http://www.ukba.homeoffice.gov.uk/briti ... character/

My ILR is due in Dec 2014. My question is that what would be the effect on my ILR application if

- I have only 3 points till Dec 2014. I understand they will remain un-spent ( it is unspent for 4 years), but I dont need to mention it on ILR form and are ignorable by UKBA as a single one-off offence. So I can mention them on my ILR forms for honesty purpose and to be safe without any effect on application). Is this understanding correct ?

- I accumulate 6 points within next year and get my license revoked to learner one. if this happens , how should I proceed than? Should I mention it (FPNs and license revoking) on the ILR form ? OR Should I make sure that those 2 doesn't fall in 1 year time period (Section 3.2.4)

I would appreciate some advice on this. I have been going through forum but it doesn't state a lot about revoked license and also considering the 2 or more FPNs (where they are accepted as-is and there is no court hearing).

Thanks
JS

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 8:58 am

Post by innocentdevil » Mon Aug 13, 2012 8:57 am

it doesn't say that if you have more than 3 points in last 12 months for a good character. I do not think you will get an issue. FPNs when no court is involved can be safely ignored though you have to mention them in the application form.

jsharif
Newly Registered
Posts: 3
Joined: Sun Aug 12, 2012 11:14 pm
Location: South Croydon

Post by jsharif » Mon Aug 13, 2012 9:02 am

Hi Innocentdevil,

Thanks for response. It does mention 2 FPN's in last 12 months.
My major concern is around license revoking. Will it have any effect on ILR application ?

Thanks
JS

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 8:58 am

Post by innocentdevil » Mon Aug 13, 2012 9:23 am

ok read that. it does say more than one but to be honest i still wouldn't worry about it. like you said your ILR is due in Dec 2014 so it will be more than 12 months for FPNs anyway.

also, has your license been revoked yet?

jsharif
Newly Registered
Posts: 3
Joined: Sun Aug 12, 2012 11:14 pm
Location: South Croydon

Post by jsharif » Mon Aug 13, 2012 10:02 am

I am waiting to see if I get the 2nd ticket. I'll probably call them as well just to check if there is any pending ticket on my name :wink: ... I'll keep updates posted.

Thanks.

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