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Traffic offence and 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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zeeshanpervez
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Traffic offence and ILR

Post by zeeshanpervez » Fri Feb 11, 2011 5:20 pm

Hi all,

Does anyone know if a traffic offence (TS10, 3 points and fixed £60 penality) would be a problem in getting ILR?

Are there any ILR rules changing in April 2011 which will cause any problem for ppl with traffic offences?

Thanks

internev29a
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Post by internev29a » Fri Feb 11, 2011 6:17 pm

should'nt be a problem if you do not have a criminal record with police. If unsure, get it checked with police before applying for ILR.

blay1
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Post by blay1 » Sat Feb 19, 2011 9:54 am

internev29a wrote:should'nt be a problem if you do not have a criminal record with police. If unsure, get it checked with police before applying for ILR.
The same applies to me i have 3points on my licence for speeding 38mph on a 30 zone. I hope it won't affect me at all cos i have been waiting for a long time

lavkir
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Unspent motoring conviction

Post by lavkir » Sat Feb 19, 2011 10:55 am

You will have problems with ILR post April 2011 if the penalty points and fine were awarded by a court.
This means that you have a motoring conviction which will become spent only after 5 years and thus render you ineligible for ILR when the new rules for settlement come into force.

internev29a
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Post by internev29a » Sat Feb 19, 2011 2:57 pm

yea i agree with you lavkir.

zeeshanpervez
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Post by zeeshanpervez » Sun Feb 20, 2011 10:14 am

Does anyone know what exact date these rules are being implemented?

zeeshanpervez
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Post by zeeshanpervez » Sun Feb 20, 2011 10:18 am

Also the fine and points were not awarded by court. Met police sent a letter asking about driver name, I provided my details. They sent a fixed penalty notice which I paid and DVLA put 3 points on my counter part.

sherkhan297
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Post by sherkhan297 » Sun Feb 20, 2011 12:06 pm

Hi, I received a fixed penalty charge in Oct 2009 for briefly driving into a bus lane.. I didnt realise this while driving as it was a small strip marked as bus lane..however, i paid up the fine of GBP 60.00 (did not appeal or go to court)...

I assume this is not a motoring conviction and wont be an issue during ILR application? also, would we need to put this down in the SET (O) form where it asks for 'criminal convictions including motoring offences'?

Any help and advice will be appreciated.

Thanks..

internev29a
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Post by internev29a » Sun Feb 20, 2011 2:44 pm

@zeeshanpervez: No criminal record in your case. No need to mention in your application for ILR.

@sherkhan297: same as above

salina02
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Post by salina02 » Sun Feb 20, 2011 3:23 pm

I think it wont affect ILR but still we have to declare that.

sherkhan297
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Post by sherkhan297 » Sun Feb 20, 2011 3:28 pm

Thanks internev29a and salina02..

@Salina02 - assume you mean that the bus lane violation also needs to be mentioned in the ILR form?

salina02
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Post by salina02 » Mon Feb 21, 2011 8:16 am

sherkhan297 wrote:Thanks internev29a and salina02..

@Salina02 - assume you mean that the bus lane violation also needs to be mentioned in the ILR form?
If you been fined fixed penalty and points then you have to.

rajathwp
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Post by rajathwp » Mon Feb 21, 2011 10:17 am

I don't think u were awarded points if yes then i reckon no need to declare in application form

surajban
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Post by surajban » Mon Feb 21, 2011 11:02 am

I think there is contradiction going to delcare it or not.

Can someone who gone through this please correct it.

rajathwp
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Post by rajathwp » Mon Feb 21, 2011 11:37 am

Sorry to be crystal clear= If Points awarded - Must declare

If it was a fine i reckon don't need to but seniors can correct me if I am wrong.

sherkhan297
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Post by sherkhan297 » Mon Feb 21, 2011 6:55 pm

Thats right.. no points awarded for driving in the bus lane.. only fine..which was paid without going to court..

rajesh_kumar01
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Re: Traffic offence and ILR

Post by rajesh_kumar01 » Thu Apr 28, 2011 7:23 pm

zeeshanpervez wrote:Hi all,

Does anyone know if a traffic offence (TS10, 3 points and fixed £60 penality) would be a problem in getting ILR?

Are there any ILR rules changing in April 2011 which will cause any problem for ppl with traffic offences?

Thanks
This new law is not going to effect if one got HSMP Visa before 7th NOv 2006.
Also it will not effect one, irrespective of VISA GRanted date , if fine and points did not come from a court order. That means if you got penality notice and paid that without challenging that and case did not go to court then it will not effect you.
Last edited by rajesh_kumar01 on Tue Jun 21, 2011 9:04 am, edited 1 time in total.

rajesh_kumar01
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Post by rajesh_kumar01 » Thu Apr 28, 2011 7:24 pm

surajban wrote:I think there is contradiction going to delcare it or not.

Can someone who gone through this please correct it.

you should not hide and information. You should declare , let them take decision according to Law. Anyway they will have all your details.

Cheekoo
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Post by Cheekoo » Thu Apr 28, 2011 8:10 pm

Guys, there is another case also, If you got the Fixed Penalty Notice with points and fine , but you were driving on a foreign license, then Police system can not handle that so that fine gets processed thru Magistrate Court.

So if 2 persons get the fine and points for the same offense, but one was driving on UK license and other on Foreign / International then the guy who was on UK license is fine as FPN's are clearly mentioned in 6th April Rule change that it will not affect your application. However the other one , person driving on International / Foreign License who get's it thru Court, is still a grey area.

Cheekoo
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Post by Cheekoo » Thu Apr 28, 2011 8:12 pm

http://www.ukba.homeoffice.gov.uk/sitec ... reen-video

I watched this a few times , looks like they are not after the minor traffic offenses, but it's not very clear.

[iD]
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Post by [iD] » Fri Apr 29, 2011 1:13 am

sherkhan297 wrote:Thats right.. no points awarded for driving in the bus lane.. only fine..which was paid without going to court..
Driving on a bus lane is not a criminal offence. You were fined by council and as long as you paid the fine the case is done and dusted (It's same as parking on a double yellow line). You do not need to mention that.
Goodluck.

nswapnil
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Post by nswapnil » Fri Apr 29, 2011 5:40 pm

Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards

geriatrix
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Post by geriatrix » Fri Apr 29, 2011 5:58 pm

nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards
1. It's 07-Nov-06.
2. 245CD(a).
Life isn't fair, but you can be!

sameer2012
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Post by sameer2012 » Sun May 01, 2011 1:02 am

sushdmehta wrote:
nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards
1. It's 07-Nov-06.
2. 245CD(a).
Hi
Can someone please guide me the points on the licence would be removed after 4 years or 5 years.
According to DVLA website, It stays till 4 years but I have found some posts here stating that It will remove after 5 years.Please provide a link regarding this 5 years rule If you can.
Where it is stated that It will not effect your ILR If you don't go to court against your traffic offences.
Thanks
SAMEER

gidoc
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Post by gidoc » Sun May 01, 2011 6:09 am

NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards

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