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Car Accident 3 Days Before Eligible for 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

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dude18
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Joined: Mon Jun 08, 2020 10:45 pm
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Car Accident 3 Days Before Eligible for ILR

Post by dude18 » Mon Jun 08, 2020 10:58 pm

I have just completed 5 years continuous residence on a Tier-2 (General) visa and planning to apply for ILR shortly, but the most unfortunate happened over the weekend - I crashed into another car at a junction while driving. The police attended the scene and informed me that they will recommend me for prosecution under driving without due care and attention. They said I will either get a fine or re-education courses.

Should I still submit my ILR application? Should I declare the potential charge on the application form? Will this impact my application in any way?

Looking at the Immigration Rules, 322.1C.(iv)
"they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record."
This shouldn't affect my application as any conviction would be after my date of application if I apply now?

Please help! I've lived here for 8 years and made it my home and would be devastated to have to leave.

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zimba
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Re: Car Accident 3 Days Before Eligible for ILR

Post by zimba » Tue Jun 09, 2020 12:42 am

No effect. Only convictions have to be declared. Only recordable offences affect ILR.
Your ILR may be delayed if this goes to court until a court verdict is given.

See: indefinite-leave-to-remain/2-speeding-o ... l#p1869316
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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