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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

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

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

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

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

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"

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?

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

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.