ILR - Driving Conviction (DVLA Code IN10)

Hi all,

My wife about to apply for ILR as a Partner to a British Citizen route(5 years). Unfortunately, she got
Convicted for driving/using a vehicle without insurance (DVLA Code IN10).

Here are the timelines for visa:
Initial Visa (British citizen Partner) granted - 29/06/2015
Landed in UK - 25/07/2015
First extension - 14/03/2018 - Visa validity until 24/09/2020

Convicted for driving/using a vehicle without insurance (DVLA Code IN10).
She received
1) fixed penalty fine of £300
2) 6 penalty points

Date of Offence (or) Conviction: 13/07/2020
Being a new driver Licence, her Licence has been revoked.

Could you please clarify the following?
1) will it affect her ILR?
2) we accepted Fixed Penalty + Points. Will it be still recorded in the database?
3) should I apply for ILR (or) another extension?
4) shall I wait until Priority visa (or) apply the normal process as her visa expiry is nearing?
5) what are our chances if we apply for ILR?


Please let me know how to proceed. Thanks In advance.

Thanks
Bujji

Just a google search gave me the following from a legal third party website:

Driving without insurance is not an imprisonable offence in itself, so a conviction will not appear on a criminal record.

However, if you’re convicted of driving without insurance, an IN10 endorsement will remain on your driving licence for four years - and you’ll need to disclose it to insurance providers for a further year.

So in that case it will have no effect but you must declare it.

PS Also, you said you accepted the FPN. I am assuming you were then NOT convicted by court? FPN is NOT a criminal conviction anyways.

FPN alone is NOT a criminal conviction anyways. If you challenge the FPN and then get a conviction by the court, then it will be counted as a criminal conviction. Even then, IN10 seems not to be a recorded offence.

322 1(c)

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

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

Note: You may want to do your own research if IN10 is recorded as a criminal record or not (if convicted by court NOT FPN alone).

Note, if you did not go to court and the matter was only dealt by FPN, it is not a criminal conviction anyways but even if you were convicted by court, the following link may help:


https://www.immigrationboards.com/indef ... lr#p961805

Thakns for your reply. We never go to Court and matter was only dealt by FPN only.

Bujji1976 wrote: ↑

Sat Aug 15, 2020 2:52 pm

Thakns for your reply. We never go to Court and matter was only dealt by FPN only.

It is not a criminal conviction then.

But since the points will be endorsed on the license for 4 years and taken off only after 5 years, you must declare the offence.

Also, since there was disqualification for driving it must be declared with appropriate offence code.