New rules, minor traffic offence
Posted: Thu Nov 22, 2012 11:44 pm
Hello, thanks in advance for professional help, is someone could help, it would be amazing and great!
New rules about eligibility for ILR say (more info here: http://www.immigrationboards.com/viewtopic.php?t=119001)
CD10, Driving without due care and attention, 4 points, 200 pounds fine.
Basically, I did not notice motorcyclist in my blind zone. Nobody was injured and only and maybe motorcycle had small damage because of evasive action (did not touch my car) or, more likely, because he dropped it on the ground when he decided to "talk" to me (lost his temper). I did not attend any court but the fine and conviction was given by court. I paid the fine immediately over the telephone.
In the current rules which were in force before today, my ILR should have been accepted because one minor conviction can be ignored if it is not "recklessness". It is not.
Will new rules cancel this? Will everybody have to wait 24 months since the date of conviction even it was one minor driving offence which was not "recklessness"?
Apparently, my conviction is usually not even on CRB checks. However, mine was recorded for some reason, probably because it happened in Scotland and Scotland is not part of PNC records framework. Or maybe it's just like a lottery. I saw many people did not have any record of similar offence on forums and I saw one person had. I definitely did not have any other factors which would influence it been recorded. I was completely honest here. I consulted traffic solicitor and he confirmed to me that this is very minor offence which is reflected in only 4 points and smallest fine available. I lived in this country for more than 9 years now and would be eligible for 10 years ILR in summer (if I would with these new rules). I was driving for 13+ years and this is my only offence (and I was driving a lot).
And one more question. If I will not be eligible for 10 years ILR by new rules (have to wait 24 months since conviction). My wife would be eligible. If she applies for ILR and I would be her dependent. Would I be eligible for dependent visa or the same rules would effectively prohibit me from getting even new dependent visa? I even begin to think, would it not make my current stay in UK on Entrepreneur dependent visa illegal or because I'm already here it is Ok? Maybe they will want to cancel my current visa now because of one small fine? Or, another chilling scenario, if I try to apply for ILR and ask them for "forgiveness" based on how minor it was with solicitor letter, etc. and then they refuse and also revoke my current visa because I am no longer eligible for it based on new rules, is it possible?
It would be great if some professional could clarify it. I think there are a lot of people in similar situation (small fines, etc.) who read new rules now and can't understand the same. No speculations please.
New rules about eligibility for ILR say (more info here: http://www.immigrationboards.com/viewtopic.php?t=119001)
I recently got one very minor driving offence:they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record
CD10, Driving without due care and attention, 4 points, 200 pounds fine.
Basically, I did not notice motorcyclist in my blind zone. Nobody was injured and only and maybe motorcycle had small damage because of evasive action (did not touch my car) or, more likely, because he dropped it on the ground when he decided to "talk" to me (lost his temper). I did not attend any court but the fine and conviction was given by court. I paid the fine immediately over the telephone.
In the current rules which were in force before today, my ILR should have been accepted because one minor conviction can be ignored if it is not "recklessness". It is not.
Will new rules cancel this? Will everybody have to wait 24 months since the date of conviction even it was one minor driving offence which was not "recklessness"?
Apparently, my conviction is usually not even on CRB checks. However, mine was recorded for some reason, probably because it happened in Scotland and Scotland is not part of PNC records framework. Or maybe it's just like a lottery. I saw many people did not have any record of similar offence on forums and I saw one person had. I definitely did not have any other factors which would influence it been recorded. I was completely honest here. I consulted traffic solicitor and he confirmed to me that this is very minor offence which is reflected in only 4 points and smallest fine available. I lived in this country for more than 9 years now and would be eligible for 10 years ILR in summer (if I would with these new rules). I was driving for 13+ years and this is my only offence (and I was driving a lot).
And one more question. If I will not be eligible for 10 years ILR by new rules (have to wait 24 months since conviction). My wife would be eligible. If she applies for ILR and I would be her dependent. Would I be eligible for dependent visa or the same rules would effectively prohibit me from getting even new dependent visa? I even begin to think, would it not make my current stay in UK on Entrepreneur dependent visa illegal or because I'm already here it is Ok? Maybe they will want to cancel my current visa now because of one small fine? Or, another chilling scenario, if I try to apply for ILR and ask them for "forgiveness" based on how minor it was with solicitor letter, etc. and then they refuse and also revoke my current visa because I am no longer eligible for it based on new rules, is it possible?
It would be great if some professional could clarify it. I think there are a lot of people in similar situation (small fines, etc.) who read new rules now and can't understand the same. No speculations please.
thank you so much