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Traffic offence for ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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sudhirkr9
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Traffic offence for ILR

Post by sudhirkr9 » Tue Jun 21, 2011 9:07 pm

Hi I am applying for my ILR on Tier 1 General. I had an speeding ticket on my Indian license 3 years back for which i paid the fine in the court. Would this be a problem and do i need to enter this details in my ILR application. Can someone please help.

Thanks
SK

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Casa
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Post by Casa » Wed Jun 22, 2011 12:24 pm

Yes you do need to declare it as the fine was issued in court and it won't be 'spent' until 5 years after the issue date.

Struggler
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Post by Struggler » Wed Jun 22, 2011 12:34 pm

To be on the safe side, apply for a Basic Disclosure.

If it says "NONE" then I dont think you need to disclose it.

sudhirkr9
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Post by sudhirkr9 » Wed Jun 22, 2011 2:07 pm

Casa wrote:Yes you do need to declare it as the fine was issued in court and it won't be 'spent' until 5 years after the issue date.
But it was not a criminal conviction and its just a speeding ticket. will it be a major offence? or will be considered as a minor offence..

rajesh_kumar01
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Posts: 132
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Location: Excel 2003

Re: Traffic offence for ILR

Post by rajesh_kumar01 » Thu Jun 23, 2011 10:08 am

sudhirkr9 wrote:Hi I am applying for my ILR on Tier 1 General. I had an speeding ticket on my Indian license 3 years back for which i paid the fine in the court. Would this be a problem and do i need to enter this details in my ILR application. Can someone please help.

Thanks
SK
According to new law , if traffic offense penalty came through court conviction then it will come under criminality law . And one will have to spent before getting ILR.
Are you covered under HSMP JR ? If yes then it will not affect your application.

I have posted a msg. Please have a look

http://www.immigrationboards.com/viewto ... &start=120

kenfrapin
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Post by kenfrapin » Thu Jun 23, 2011 10:10 am

Was the same case for me, I applied for a Basic Disclosure and my record came up clean as fine was imposed on International License.
To be on the safe side
1. Get a standard CRB check done to confirm if you have any 'unspent' convictions
2. If you dont have it then DONT declare it. There was post on this forum where the applicant declared it to such a detail it completely confused the officer and it was referred wasting the Premium Application fee that the applicant paid.

The UKBA are pretty clear that you only need to declare an unspent conviction so first find out if thats the case. If not, then dont declare

KP

sudhirkr9
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Re: Traffic offence for ILR

Post by sudhirkr9 » Thu Jun 23, 2011 4:11 pm

rajesh_kumar01 wrote:
sudhirkr9 wrote:Hi I am applying for my ILR on Tier 1 General. I had an speeding ticket on my Indian license 3 years back for which i paid the fine in the court. Would this be a problem and do i need to enter this details in my ILR application. Can someone please help.

Thanks
SK
According to new law , if traffic offense penalty came through court conviction then it will come under criminality law . And one will have to spent before getting ILR.
Are you covered under HSMP JR ? If yes then it will not affect your application.

I have posted a msg. Please have a look

http://www.immigrationboards.com/viewto ... &start=120

Thanks for that. It has to come through court for me because i was on Indian license rather than UK license and they cant issue a FPN instead court needs to fine me.

All they did is asked me to pay the fine and said once you have the UK license the points will be caried over to UK license. I didnt take any UK license after that nor i didnt drive in UK.

Do you still think it will be a criminal conviction.

kenfrapin
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Posts: 601
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Re: Traffic offence for ILR

Post by kenfrapin » Thu Jun 23, 2011 4:18 pm

sudhirkr9 wrote:
Thanks for that. It has to come through court for me because i was on Indian license rather than UK license and they cant issue a FPN instead court needs to fine me.

All they did is asked me to pay the fine and said once you have the UK license the points will be caried over to UK license. I didnt take any UK license after that nor i didnt drive in UK.

Do you still think it will be a criminal conviction.
So spend some time, do the CRB check and only then will you be certain of it. No one on this forum can tell you and nor can you take our word for it :-)

If in doubt, do the check and be satisfied because until then you wont get the answer you want

KP

sudhirkr9
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Post by sudhirkr9 » Thu Jun 23, 2011 4:18 pm

kenfrapin wrote:Was the same case for me, I applied for a Basic Disclosure and my record came up clean as fine was imposed on International License.
To be on the safe side
1. Get a standard CRB check done to confirm if you have any 'unspent' convictions
2. If you dont have it then DONT declare it. There was post on this forum where the applicant declared it to such a detail it completely confused the officer and it was referred wasting the Premium Application fee that the applicant paid.

The UKBA are pretty clear that you only need to declare an unspent conviction so first find out if thats the case. If not, then dont declare

KP
I can do that but the problem I have is I am going to apply by appointment
On 27 June and I don't think CRB check will give me results before that because it will take 14 days

So what do you suggest to declare or not to declare. Kindly advise

Thanks
SK

kenfrapin
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Post by kenfrapin » Thu Jun 23, 2011 4:26 pm

Then it's completely down to you on what you do to be honest. There is nothing stopping you to push the appointment forward by a few weeks and getting this done because it is important.

It makes sense to delay your ILR application by 3/4 weeks and be absolutely certain instead of taking a chance and blowing all your money away - it's up to you what you want because none of us can advice. The right path is if you dont know then you have to find out because if you mark as NO and tell them you dint know, they wont accept that as an excuse - Ignorance of the law is not an excuse - so they will tell you should have checked before applying.

Think about it properly and then take the next step

KP

rajesh_kumar01
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Posts: 132
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Location: Excel 2003

Re: Traffic offence for ILR

Post by rajesh_kumar01 » Thu Jun 23, 2011 5:21 pm

sudhirkr9 wrote:
rajesh_kumar01 wrote:
sudhirkr9 wrote:Hi I am applying for my ILR on Tier 1 General. I had an speeding ticket on my Indian license 3 years back for which i paid the fine in the court. Would this be a problem and do i need to enter this details in my ILR application. Can someone please help.

Thanks
SK
According to new law , if traffic offense penalty came through court conviction then it will come under criminality law . And one will have to spent before getting ILR.
Are you covered under HSMP JR ? If yes then it will not affect your application.

I have posted a msg. Please have a look

http://www.immigrationboards.com/viewto ... &start=120

Thanks for that. It has to come through court for me because i was on Indian license rather than UK license and they cant issue a FPN instead court needs to fine me.

All they did is asked me to pay the fine and said once you have the UK license the points will be caried over to UK license. I didnt take any UK license after that nor i didnt drive in UK.

Do you still think it will be a criminal conviction.
Were you on HSMP before you got yout TIER1 ? When was you HSMP approved ?
If you fall in April-Nov 2006 Category of HSMP JR then you should not be bothered.
Hiding any information may have adverse affect on your application . If it is there it will appear on their screen if not then it will not.

good luck

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