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need urgent help

Posted: Sat May 18, 2013 5:58 pm
by taimhash
Hi guys

I planning to apply for BC end of this month but I got 3 points on my license and 90 fine for faulty Tyre while diving friends car and he was sitting in passenger seat at that time. The Tyre was 1.47mm just below the limit of 1.60mm. I was given these points in court and it was in Sep 2011 and in March 2012 I applied for ILR and I was successful and I did declare that offense then.

I kind of unsure as this traffic offense is minor or major one.

Need expert opinion from You guys.

Re: need urgent help

Posted: Sat May 18, 2013 9:32 pm
by Amber
taimhash wrote:Hi guys

I planning to apply for BC end of this month but I got 3 points on my license and 90 fine for faulty Tyre while diving friends car and he was sitting in passenger seat at that time. The Tyre was 1.47mm just below the limit of 1.60mm. I was given these points in court and it was in Sep 2011 and in March 2012 I applied for ILR and I was successful and I did declare that offense then.

I kind of unsure as this traffic offense is minor or major one.

Need expert opinion from You guys.
Why were you given the points at Court, did you challenge a FPN?

Posted: Sun May 19, 2013 10:41 am
by taimhash
points were given in court it was not FPN

Posted: Sun May 19, 2013 12:00 pm
by Amber
taimhash wrote:points were given in court it was not FPN
Generally a court fine will be classed as a non-custodial sentence and result in an automatic bar for 3 years. However, given that the conviction was minor a resulted in a relatively small fine there is discretion for the HO caseworker to disregard this conviction under paragraph 3.3.1(d) of the Good Character guidance. If you wish to take the risk, the chance of success should be high. Although, I suggest you write in the extra information box that the conviction was minor, the fine was small and that you would like the caseworker to consider paragraph 3.3.1(d) and use his/her discretion. That is providing you do not have any other criminal history and you meet all the other standard requirements