Disclosure of driving offences on ILR application

zimba wrote: ↑

Tue Dec 12, 2023 3:36 pm

You are also applying under the long residence rule which requires you to have lawful and continuous residence for 10 years to qualify. Staying in the UK without a visa means you probably (if there was no pandemic) would have not been able to continue your lawful residence. COVID did not stop people from making new applications for leave to remain. You simply were only given protection to stay temporarily until the restrictions were over, you were not granted lawful residence or leave to remain. That would have happened naturally if you properly extended your leave by applying for a new visa. The fact that you did not, suggests you were not normally eligible to be granted a new visa and were expected to leave the UK

Hi, thank you for answering, I have a question and I'd appreciate if you could help?

I was granted an exceptional assurance for 2 weeks back in Dec 2021 when I couldn't return home due to COVID restrictions. I submitted my next visa application 11 days after expiry, so technically I "overstayed" 11 days and I think i had a valid reason to argue if my ILR application gets rejected, I haven't applied yet.

I know people who have been put on hold and haven't heard anything for over 8 months after they submitted their ILR application due to EA, which i assume was because of the new policy introduced in April, and I have yet to see anyone who is successful with their ILR application while having EA in the past.

I am just wondering in the future when I apply would that cause any issue? Many thanks!

Please don't put your posts in someone else's topic, as there are different situations/visas/etc.

What's your visa history and on what basis do you want to apply for ILR?

For now, there is nothing from the home office that suggests the 'exceptional assurance' will be considered lawful residence. Unless this changes, the default view will be that the period of 'exceptional assurance' in which no leave was granted may not count as lawful residence for the purposes of the immigration rules.

Note that applying within 14 days of visa expiry and then getting a new visa should not break continuous residence as per paragraph 39E of the rules, so you should be ok in my view

UPDATE on exceptional assurance and long residence: indefinite-leave-to-remain/ilr-10-years ... l#p2154234

Hi all,

I’m applying for ILR via the 10-year route.

Over the past 18 months, I’ve received 4 PCNs, but I’m unsure whether they count as “driving offences” for the purpose of the application. None of these incidents resulted in penalty points or court action, and were paid as soon as I received the ticket.

March 2024 – Entered a road with a “no motor vehicles” sign by mistake

May 2024 – Drove in a bus lane

October 2024 – Parked in a business bay while holding a resident permit

April 2025 – Parked a motorcycle outside of a designated bay

I’ve consulted a few solicitors and received differing advice. One suggested disclosing only the first two, as parking tickets aren’t considered driving offences. Another recommended disclosing everything, warning that omitting any could be seen as deception.

I’d appreciate your guidance on this. Thank you!

PCNs are issued by local authorities and they are often not even issued under your name. You do not need to disclose them as they are civil offences (not criminal offences)