ILR - Fixed Penalty Point for speeding

kam61 · Post by **kam61** » Wed Feb 28, 2018 8:09 pm

Dear All,

I will be eligible to apply for ILR soon next month (been on tier2 visa for nearly 5 years) and my job meets the salary requirement.

I was caught by police doing speeding for the firat time in my life, didn't given the speed awareness course and been taken straight to the court last year, then got senteced with 3 points on my license plus the fine(paid on same day).

Does this need to be decalred on the ILR form? / has any effect on the ILR application?

Thank you

makky86 · Post by **makky86** » Wed Feb 28, 2018 8:33 pm

kam61 wrote: ↑
Wed Feb 28, 2018 8:09 pm
Dear All,

I will be eligible to apply for ILR soon next month (been on tier2 visa for nearly 5 years) and my job meets the salary requirement.

I was caught by police doing speeding for the firat time in my life, didn't given the speed awareness course and been taken straight to the court last year, then got senteced with 3 points on my license plus the fine(paid on same day).

Does this need to be decalred on the ILR form? / has any effect on the ILR application?

Thank you

Did not the police offer fine you at the time you were caught? Also how fast you were driving and what was the limit?

kam61 · Post by **kam61** » Wed Feb 28, 2018 8:39 pm

SP30 - exceeding statutory speed on public road was the code relating to this.
I was in 20 mph zone doing 37 mph was stopped by police, asked for my license detail and told thar I will be sent a letter to make decision! Without any fine!

Court letter was sent to me and I attended it.

I had a letter from NHS that I was taking care of someone and it caused me to exceed the limit as a matter of emergency.

Thank you for the quick reply

makky86 · Post by **makky86** » Wed Feb 28, 2018 10:58 pm

kam61 wrote: ↑
Wed Feb 28, 2018 8:39 pm
SP30 - exceeding statutory speed on public road was the code relating to this.
I was in 20 mph zone doing 37 mph was stopped by police, asked for my license detail and told thar I will be sent a letter to make decision! Without any fine!

Court letter was sent to me and I attended it.

I had a letter from NHS that I was taking care of someone and it caused me to exceed the limit as a matter of emergency.

Thank you for the quick reply

Normally fixed penaly notice don't affect ILR but if its from court then you'd have to wait for 2 years before applying for ILR.

I'd suggest wait for expers to answer on this

kam61 · Post by **kam61** » Thu Mar 01, 2018 7:07 am

I have booked my appointment and my current visa is valid for another year.
Court gave me the option to plea guilty by post but I chose to attend the court and plea guilty.

Please note this was in Sep 2016.

Express. please advise.

makky86 · Post by **makky86** » Thu Mar 01, 2018 8:12 am

kam61 wrote: ↑
Thu Mar 01, 2018 7:07 am
I have booked my appointment and my current visa is valid for another year.
Court gave me the option to plea guilty by post but I chose to attend the court and plea guilty.

Please note this was in Sep 2016.

Express. please advise.

Yes since you convicted from the court then you cannot apply now. Youd have to wait for 2 years before applying ILR. If it was in September 2016 then you can apply in October 2018.

kam61 · Post by **kam61** » Thu Mar 01, 2018 8:35 am

Thank you for the reply.

Just to clarify sep 2016 is shown on my license record however the court date and when I was sentenced was in May 2017.
Shall i rely on the date shown on my license when the offence was happened or the court date?
If it's court date, then my visa going to be run out before 2 years period. But if it is from offence date then it should be ok.

Please advise.

makky86 · Post by **makky86** » Thu Mar 01, 2018 10:04 am

kam61 wrote: ↑
Thu Mar 01, 2018 8:35 am
Thank you for the reply.

Just to clarify sep 2016 is shown on my license record however the court date and when I was sentenced was in May 2017.
Shall i rely on the date shown on my license when the offence was happened or the court date?
If it's court date, then my visa going to be run out before 2 years period. But if it is from offence date then it should be ok.

Please advise.

Its from the date you were convicted. If it was May 2017 then youd have to wait until May 2019. When did you iniitally get Tier 2?

kam61 · Post by **kam61** » Thu Mar 01, 2018 10:13 am

To make this clear this was in magistrate court!

got my first Tier 2 back in 2013.

So the date wouldn't be the date shown on the license but the court day as there is around more than 6 month difference from the date of offence and actual court date.

This is a bit confusing.

kam61 · Post by **kam61** » Thu Mar 01, 2018 10:26 am

I can't really find anywhere in the form that mentions you need to declare your driving license points?!

On ILR form (SET 01 18) section 7 first question(7.1) ask for have you ever been convicted of any criminal offence and the answer would be no for that, as far as I know driving offence doesn't fall under criminal offence!

Question 7.3 it says Have you, or any dependants who are applying with you, been subject to, or received, any other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar
penalties in the UK or any other country?
On this question also it doesn't fall under caution, reprimand or warning!

Question 7.5 Have you or any dependants applying with you had any UK court judgment against you for
non-payment of a debt, or received a civil penalty under UK Immigration Acts?
I don't think that driving offence related to UK immigration act?

Please share, if you have any links stating what you are saying from gov.uk site in relation to 2 years waiting time.

Thank you for your comments

makky86 · Post by **makky86** » Thu Mar 01, 2018 10:55 am

kam61 wrote: ↑
Thu Mar 01, 2018 10:26 am
I can't really find anywhere in the form that mentions you need to declare your driving license points?!

On ILR form (SET 01 18) section 7 first question(7.1) ask for have you ever been convicted of any criminal offence and the answer would be no for that, as far as I know driving offence doesn't fall under criminal offence!

Question 7.3 it says Have you, or any dependants who are applying with you, been subject to, or received, any other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar
penalties in the UK or any other country?
On this question also it doesn't fall under caution, reprimand or warning!

Question 7.5 Have you or any dependants applying with you had any UK court judgment against you for
non-payment of a debt, or received a civil penalty under UK Immigration Acts?
I don't think that driving offence related to UK immigration act?

Please share, if you have any links stating what you are saying from gov.uk site in relation to 2 years waiting time.

Thank you for your comments

7.1 Have you, or any dependants who are applying with you, ever been convicted of any criminal
offence in the UK or any other country?
You must give details of all criminal convictions, including spent convictions. This includes
convictions for road traffic offences, including drink-driving offences, but not fixed penalty notices
(such as speeding or parking tickets).

Since you were convicted by the court it is considered as conviction and has to be declared.

kam61 · Post by **kam61** » Thu Mar 01, 2018 11:10 am

thank you,

but I was convicted for speeding with fixed penalty point?

makky86 · Post by **makky86** » Thu Mar 01, 2018 11:12 am

kam61 wrote: ↑
Thu Mar 01, 2018 11:10 am
thank you,

but I was convicted for speeding with fixed penalty point?

If its from court then it will need to be declared. I am not expert on this. If you require professional dvise I'd suggest get advise from lawyer

You can find home office regulated advisor here .

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

kam61 · Post by **kam61** » Thu Mar 01, 2018 11:20 am

if it has be to 2 years spent from the court schedule date then my visa will be expired before that!

kam61 · Post by **kam61** » Thu Mar 01, 2018 12:01 pm

thank you for your comments I have also found this on Nacro's website

Do I need to disclose motoring offences?

Motoring offences are criminal offences and they may form part of your criminal record, depending on whether the offence is recordable and on the disposal you received. If you were convicted of a motoring offence (i.e. admitted guilt or were found guilty in court), this will form part of your criminal record and will be subject to the Rehabilitation of Offenders Act and/or filtering legislation if you are applying for a standard or enhanced criminal record certificate.

If you received a fixed penalty notice for a minor motoring offence and you paid it on time, it will not form part of your criminal record and will not need to be disclosed for employment purposes, unless you are applying for a driving role or a role that requires you to provide details of your driving licence (see here for more details). Fixed penalty notices also need to be disclosed for insurance purposes.

makky86 · Post by **makky86** » Thu Mar 01, 2018 12:17 pm

kam61 wrote: ↑
Thu Mar 01, 2018 12:01 pm
thank you for your comments I have also found this on Nacro's website

Do I need to disclose motoring offences?

Motoring offences are criminal offences and they may form part of your criminal record, depending on whether the offence is recordable and on the disposal you received. If you were convicted of a motoring offence (i.e. admitted guilt or were found guilty in court), this will form part of your criminal record and will be subject to the Rehabilitation of Offenders Act and/or filtering legislation if you are applying for a standard or enhanced criminal record certificate.

If you received a fixed penalty notice for a minor motoring offence and you paid it on time, it will not form part of your criminal record and will not need to be disclosed for employment purposes, unless you are applying for a driving role or a role that requires you to provide details of your driving licence (see here for more details). Fixed penalty notices also need to be disclosed for insurance purposes.

Its your call. Go ahead and apply ! Not sure if oyu realize not declaring convictions will lead to ban from applying in fturue

Wanderer · Post by **Wanderer** » Thu Mar 01, 2018 2:22 pm

makky86 wrote: ↑
Thu Mar 01, 2018 12:17 pm

kam61 wrote: ↑
Thu Mar 01, 2018 12:01 pm
thank you for your comments I have also found this on Nacro's website

Do I need to disclose motoring offences?

Motoring offences are criminal offences and they may form part of your criminal record, depending on whether the offence is recordable and on the disposal you received. If you were convicted of a motoring offence (i.e. admitted guilt or were found guilty in court), this will form part of your criminal record and will be subject to the Rehabilitation of Offenders Act and/or filtering legislation if you are applying for a standard or enhanced criminal record certificate.

If you received a fixed penalty notice for a minor motoring offence and you paid it on time, it will not form part of your criminal record and will not need to be disclosed for employment purposes, unless you are applying for a driving role or a role that requires you to provide details of your driving licence (see here for more details). Fixed penalty notices also need to be disclosed for insurance purposes.
Its your call. Go ahead and apply ! Not sure if oyu realize not declaring convictions will lead to ban from applying in fturue

Also 37 in a 20 is not 'minor' - it's nearly twice the speed limit.

10020132 · Post by **10020132** » Fri Mar 02, 2018 5:49 pm

All of the above is correct but does not apply to you as you only need to declare somethig which leads to criminal offence
Speed is NOT a criminal offence even if given in court
Even though doing 37 in 20 zone is not good but it wont affect your ilr as it does not lead to criminal conviction

makky86 · Post by **makky86** » Sat Mar 03, 2018 8:13 am

10020132 wrote: ↑
Fri Mar 02, 2018 5:49 pm
All of the above is correct but does not apply to you as you only need to declare somethig which leads to criminal offence
Speed is NOT a criminal offence even if given in court
Even though doing 37 in 20 zone is not good but it wont affect your ilr as it does not lead to criminal conviction

Speed is NOT a criminal offence even if given in court

Where did you dig that?

10020132 · Post by **10020132** » Sat Mar 03, 2018 12:03 pm

If you search for list of criminal offences, you will find the motoring offences which lead to criminal convictions are few including RTA and speeding is not one of them

Moreover if you search the forum you will find many people getting ilr with speeding in recent times

makky86 · Post by **makky86** » Sat Mar 03, 2018 12:18 pm

10020132 wrote: ↑
Sat Mar 03, 2018 12:03 pm
If you search for list of criminal offences, you will find the motoring offences which lead to criminal convictions are few including RTA and speeding is not one of them

Moreover if you search the forum you will find many people getting ilr with speeding in recent times

Have you read the OPs post? Yes if you only get FPN for speeding then yes it will not be recorded on your criminal record. But OP pleaded guilty in court and that does goes on to your criminal record.

You cannot apply for ILR if you have criminal conviction unless 24 months have passed.

10020132 · Post by **10020132** » Sat Mar 03, 2018 12:44 pm

Yes I have read his post but did you read what I wrote?

Going to court for anything does not mean criminal conviction at all

Going to court for CRIMINAL offence is criminal conviction which should be declared

kam61 · Post by **kam61** » Wed Mar 14, 2018 10:21 am

10020132 wrote: ↑
Sat Mar 03, 2018 12:44 pm
Yes I have read his post but did you read what I wrote?

Going to court for anything does not mean criminal conviction at all

Going to court for CRIMINAL offence is criminal conviction which should be declared

Thank you 10020132, so according to what you are saying it should be ok for me as it doesn't count for Criminal Conviction. I paid my fine on the same day without any delays it looks like it is not an issue.

zimba · Post by **zimba** » Wed Mar 14, 2018 10:37 pm

Being fined in the court for speeding is not necessarily a criminal conviction and usually is not recorded on your criminal record. Declare it however I believe it should not matter for ILR

Lash · Post by **Lash** » Wed Sep 26, 2018 12:56 pm

Hi,

Did you manage to get your ILR at all?

Im in the same situation whereby I got issued a FPN and fine for speeding by the magistrates court and I have my appointment next week where my offence is not over 2 years.

Thanks

Lash

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ILR - Fixed Penalty Point for speeding

ILR - Fixed Penalty Point for speeding

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