Urgent: Driving offence & ILR

mmc · Post by **mmc** » Tue Apr 21, 2015 4:45 pm

Hi Guys,
I will be applying for my ILR in few weeks time.

- Stopped by the police in Feb 2014 for just holding the mobile phone while engine was running. No phone call no text no email no receiving call etc.

- I challenged the police decision in the court to get justice.
- In the mean time in April, I applied for Basic discloser and it became clear.

- Got a hearing letter in July and attended & court favored in police. Got court fine and 3 points on license. I accepted and paid all the court and FPN charges on the spot.

??? I will disclose this FPN/offense in my application. Will this impact my application ? your urgent help will be appreciated.

Regards
MMC

montysingh · Post by **montysingh** » Tue Apr 21, 2015 9:14 pm

mmc wrote:Hi Guys,
I will be applying for my ILR in few weeks time.

- Stopped by the police in Feb 2014 for just holding the mobile phone while engine was running. No phone call no text no email no receiving call etc.

- I challenged the police decision in the court to get justice.
- In the mean time in April, I applied for Basic discloser and it became clear.

- Got a hearing letter in July and attended & court favored in police. Got court fine and 3 points on license. I accepted and paid all the court and FPN charges on the spot.

??? I will disclose this FPN/offense in my application. Will this impact my application ? your urgent help will be appreciated.

Hello mate

If you would have accepted the fine at the time and paid the fixed penalty then it was fine, but because you challenged it in the court and lost the case, it will not be classed as a FPN anymore. To be fully sure you will need to apply for PNC and see it the offence appears on it.

Regards
MMC

mmc · Post by **mmc** » Wed Apr 22, 2015 10:00 am

Sure, I will apply for PNC/CRB etc. Thanks for your help.

Rgds
MMC

mmc · Post by **mmc** » Wed Apr 29, 2015 4:57 pm

Again guys, I am bit confused and didn't know that challenging the FPN in court will be a massive hurdle on my way

I challenged the FPN on assumption and it was my right to go to court to seek justice ie the police given me either to pay or can challenge his decision.

Court convicted 29/07/2014

Visa valid until 15/11/2015

I have been in this country from 11 and half years and I want to get out of this immigration restrictions etc, I am fed up of these extensions. I have a established my life here along with my family. I am very worried now as what to do ? Please comment on my case as your comments may give alternative option.

Thanks

mmc · Post by **mmc** » Wed May 13, 2015 12:06 pm

montysingh wrote:
mmc wrote:Hi Guys,
I will be applying for my ILR in few weeks time.

- Stopped by the police in Feb 2014 for just holding the mobile phone while engine was running. No phone call no text no email no receiving call etc.

- I challenged the police decision in the court to get justice.
- In the mean time in April, I applied for Basic discloser and it became clear.

- Got a hearing letter in July and attended & court favored in police. Got court fine and 3 points on license. I accepted and paid all the court and FPN charges on the spot.

??? I will disclose this FPN/offense in my application. Will this impact my application ? your urgent help will be appreciated.

Hello mate

If you would have accepted the fine at the time and paid the fixed penalty then it was fine, but because you challenged it in the court and lost the case, it will not be classed as a FPN anymore. To be fully sure you will need to apply for PNC and see it the offence appears on it.

Regards
MMC

Hello,
I have received my (Basic disclosure) showing 'no Convictions'. I have read on the Basic disclosure website that 'Basic disclosure' will only show the 'unspent' convictions.

- Does this mean I have no unspent conviction ?
Though I challenged the Police FPN in the court to seek justice and court favored in Police and I accepted court decision. Paid the fine instantly. Please comment ?

Many thanks

lonelycowboy · Post by **lonelycowboy** » Tue May 26, 2015 2:35 am

Hi MMC

I m in the same condition
been here 10 years
was going to apply for ILR
and in Feb 2015 i was stopped by police , while holding the mobile phone .. lost my license , and forget to pay the ticket.
got summons today 104 of road vehicles (construction and use ) regulations 1986 section 2..

i lost my licence so could not produce it in the time frame , and when i received new license from dvla i was late to pay ( non payment is my mistake but in any way i would get summons for not producing the license)

I will plead guilty
my tier 1 general visa runs out on mid july 2015
from what i read on these forums , totaly based on what other people write , that such court summons dont show on your criminal record .
- but when you look what is classed as non custodial sentence you will see above offence is one of them

I am married to british citizen and dont know if i can collect required documents for financial requirement in such short time frame. ..

I didnt know anything about new changes on criminality and never thought a traffic offence would give me such headache.

i did talked to my solicitor , he said it would be a minor but given the chance that they will refuse it.
he said he doesnt mind filling 2 applications as he would earn more but he said best bet would be an alternative visa (on my case spouse visa)
if your visa is refused then you will have your appeal rights based on european human rights
I really dont know if i should apply for ilr or get marriage (spouse ) visa ?

any one know if my ilr application get refused then if i can apply for spouse visa or do i need to leave the country and apply back from my own country ?

i think when ilr application get refused then you will get 28 day to appeal or leave the country?
can you make a new application?

did you get yours ?
do you have any news ?
please let me know , 3.25 am reading forums , worried

mmc · Post by **mmc** » Tue May 26, 2015 11:55 am

lonelycowboy wrote:Hi MMC

I m in the same condition
been here 10 years
was going to apply for ILR
and in Feb 2015 i was stopped by police , while holding the mobile phone .. lost my license , and forget to pay the ticket.
got summons today 104 of road vehicles (construction and use ) regulations 1986 section 2..

i lost my licence so could not produce it in the time frame , and when i received new license from dvla i was late to pay ( non payment is my mistake but in any way i would get summons for not producing the license)

I will plead guilty
my tier 1 general visa runs out on mid july 2015
from what i read on these forums , totaly based on what other people write , that such court summons dont show on your criminal record .
- but when you look what is classed as non custodial sentence you will see above offence is one of them

I am married to british citizen and dont know if i can collect required documents for financial requirement in such short time frame. ..

I didnt know anything about new changes on criminality and never thought a traffic offence would give me such headache.

i did talked to my solicitor , he said it would be a minor but given the chance that they will refuse it.
he said he doesnt mind filling 2 applications as he would earn more but he said best bet would be an alternative visa (on my case spouse visa)
if your visa is refused then you will have your appeal rights based on european human rights
I really dont know if i should apply for ilr or get marriage (spouse ) visa ?

any one know if my ilr application get refused then if i can apply for spouse visa or do i need to leave the country and apply back from my own country ?

i think when ilr application get refused then you will get 28 day to appeal or leave the country?
can you make a new application?

did you get yours ?
do you have any news ?
please let me know , 3.25 am reading forums , worried

Hi,
I am still waiting for my SAR however I got my basic disclosure which came out as clear ie No Criminal conviction.
As soon as I get my SAR, I will apply for iLR.

Apply for Basic disclosure and SAR. Basic disclosure will take one week to arrive and SAR will take 40 days. which will show if you have any criminal conviction.

Thx
MMC

lonelycowboy · Post by **lonelycowboy** » Thu May 28, 2015 5:18 am

i just went to another imigration advisor

he said ,

1- if you apply for ilr and it get refused then they may put a 2 year visa (??)

after saying this we checked
and there is a visa for Long residence , if you cant meet the language test and criminallity requirements then you can apply for extend , check FLR (LR)

i think that is what i will be doing .

after sending message i seen that you have appointment booked 8 of june

I really want to hear your result which will be a guide to me .?

thanks

mmc · Post by **mmc** » Thu May 28, 2015 12:07 pm

I was planing to go on the 08th of June, but it seems that I have to delay it for a week or two.

I was convicted on the 29 July 2014 and was fined £420. Some solicitors says, you should be okay but disclose it in the application form, but some says, that when you get 'FINE'from Court then 12 months need to be spent on this 'FINE' to become your sentence as a 'SPENT'. SO if this is the case then I might delay until 30 July this year.

Thx
MMC

askhan · Post by **askhan** » Thu May 28, 2015 2:09 pm

mmc wrote:I was planing to go on the 08th of June, but it seems that I have to delay it for a week or two.

I was convicted on the 29 July 2014 and was fined £420. Some solicitors says, you should be okay but disclose it in the application form, but some says, that when you get 'FINE'from Court then 12 months need to be spent on this 'FINE' to become your sentence as a 'SPENT'. SO if this is the case then I might delay until 30 July this year.

Thx
MMC

Hi Mate.

I am slightly concerned the cooling off period is not 12 months its 24 months.
I didnt locate the document but it was introduced some time in 2013

http://www.kadmosimmigration.com/blog/g ... itizenship

Please read through, I am pretty sure this is still valid and you have to wait for 24 Months if you received a CCJ from court.
If its an FPN and issue by police on spot, then there isn't any issue.

Thanks
Ak

RRSB2012 · Post by **RRSB2012** » Thu May 28, 2015 3:44 pm

Hi A.Khan,

What if you get a speeding fine (Fixed Penalty Notice and 3 Points on Drivers License) send by Police.
In that case also do you need to wait 24 months to get it 'SPENT'?

Would appreciate your guidance.
Thanks
R

askhan · Post by **askhan** » Thu May 28, 2015 5:28 pm

RRSB2012 wrote:Hi A.Khan,

What if you get a speeding fine (Fixed Penalty Notice and 3 Points on Drivers License) send by Police.
In that case also do you need to wait 24 months to get it 'SPENT'?

Would appreciate your guidance.
Thanks
R

Hi Mate,

FPN issued by police or PCN. are not the convictions which you need to spent.
So they are not going to cause any issue in ILR.

As long as you dont go to court for fight and accept the point pay the fine. JOB Done.

You dont need to worry its not a CCJ

Thanks
Ak

Foreigner123 · Post by **Foreigner123** » Thu May 28, 2015 6:15 pm

Hello

I got fine by court on 25/03/2011, paid £200 and endorsement onn my driving license. I thought it's 5 years for it to be "spent"

RRSB2012 · Post by **RRSB2012** » Thu May 28, 2015 7:06 pm

Thanks a lot A. Khan. Really appreciate your help

askhan · Post by **askhan** » Thu May 28, 2015 8:18 pm

Foreigner123 wrote:Hello

I got fine by court on 25/03/2011, paid £200 and endorsement onn my driving license. I thought it's 5 years for it to be "spent"

Hi mate

24 months from the day of fine which means you are good to go without any issue.

mmc · Post by **mmc** » Fri May 29, 2015 10:33 am

Its only 24 months, if the conviction is recorded on your criminal record else there would be no issue at all.

MMC

lonelycowboy · Post by **lonelycowboy** » Sun Jun 07, 2015 11:20 pm

Hi ALL

Under the Rehabilitation of Offenders Act -

A Court fine will be spent in 12 months time

why home office is asking for 24 months?

askhan · Post by **askhan** » Mon Jun 08, 2015 2:44 am

lonelycowboy wrote:Hi ALL

Under the Rehabilitation of Offenders Act -

A Court fine will be spent in 12 months time

why home office is asking for 24 months?

Hi Mate .

No offence to you. But the way you are asking the reasoning on this forum, forced me woke up at 0330 in the morning to reply.

" Ask Home office , how do any one on this forum would know "

HO has ultimate power to do anything what they want ...you have 2 option either accept them cheerfully or angrily ..because no one love the other option.

lonelycowboy · Post by **lonelycowboy** » Thu Jun 11, 2015 11:06 pm

i didnt mean it that way ,
it was just to give information about court fines in addition to previous message
last bit shouldnt be there ..

anyway
i will wait for mmc to get his visa
as my situation is very similar

yash84 · Post by **yash84** » Fri Jun 12, 2015 9:32 am

not sure what makes someone to say HO has ultimate power to do what they can.... I am sorry they cannot do what ever they want if it is declared in the rules they have to follow rules, some case workers i have seen are really inexperience they ask for some unnecessary docs, if you know the rules you can defend back.
any ways i suggest before you apply for any visa know the rules if the case worker asks some stupid questions be confident and defend it back with evidence straight away on the counter it self

askhan · Post by **askhan** » Fri Jun 12, 2015 9:58 am

yash84 wrote:not sure what makes someone to say HO has ultimate power to do what they can.... I am sorry they cannot do what ever they want if it is declared in the rules they have to follow rules, some case workers i have seen are really inexperience they ask for some unnecessary docs, if you know the rules you can defend back.
any ways i suggest before you apply for any visa know the rules if the case worker asks some stupid questions be confident and defend it back with evidence straight away on the counter it self

Hi Yash,

I understand where are you coming from, but in regards of our friends question below:

A Court fine will be spent in 12 months time

why home office is asking for 24 months?

I said ask them, as definitely they can change or apply new rules as do have the ultimate power.
Obviously they can't say 2+2=5. But as long as we are here on LTR They can bring the change.

Hope this helps.

Thanks
A

mmc · Post by **mmc** » Fri Jun 12, 2015 1:26 pm

Guys, I got my ILR today with traffic offence through court 'FINE' and 3 points. In my case, 11 months were spent and I declared it in the application form along with (Basic Disclosure and PNC records) both were clean and no criminal convictions were recorded. Lady said that they will do their own checks.

Traffic offense through Court unlikely recorded in the Criminal record. So in your case, you are absoultly fine. BUT YOU MUST declare it.

Thanks
MMC

jijo9914 · Post by **jijo9914** » Thu Jun 25, 2015 10:08 am

Hi,

Sorry, I am bit stressed out at the moment and need help from you.

I am applying for my ILR application (I am the dependant) in beginning September 2015. Today I have got a 3 points penalty for staying in the pedestrian crossing while it was red (the driver in front of me blocked me in the centre intersection and could not go ahead and was caught). My wife is the main applicant (Tier 2 , 5 years with the same employer). Can any one advise whether it would have any effect on my ILR application?

IF, how many years do i have to wait till i can apply for ILR?

Can I apply as ILR dependant if my ILR application rejects?

We are applying in September so i believe the £35000 salary would not be needed for our application.

Kindly reply.

askhan · Post by **askhan** » Thu Jun 25, 2015 10:33 am

jijo9914 wrote:Hi,

Sorry, I am bit stressed out at the moment and need help from you.

I am applying for my ILR application (I am the dependant) in beginning September 2015. Today I have got a 3 points penalty for staying in the pedestrian crossing while it was red (the driver in front of me blocked me in the centre intersection and could not go ahead and was caught). My wife is the main applicant (Tier 2 , 5 years with the same employer). Can any one advise whether it would have any effect on my ILR application?

IF, how many years do i have to wait till i can apply for ILR?

Can I apply as ILR dependant if my ILR application rejects?

We are applying in September so i believe the £35000 salary would not be needed for our application.

Kindly reply.

HI Mate.

IS ths received via Court or just a FPN ?
Also what is the conviction code you got on the ticket.

Thanks
A

jijo9914 · Post by **jijo9914** » Thu Jun 25, 2015 3:13 pm

Yes, it came through court and the code is CD10.

When will this be considered as spent?

Will it have any effect the main applicants application?

Thank you.

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Urgent: Driving offence & ILR

Urgent: Driving offence & ILR

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Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Re: Urgent: Driving offence & ILR

Driving offence & ILR

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