Page 1 of 1

Driving offence - Speeding SP30 from Court with fine

Posted: Thu Aug 25, 2016 10:00 am
by antonio22
Hi

I received Fixed Penality Points and fine from court on 27 July 16.

The date of offence was on 10 Sep 2015
Offence Exceed speed on a 30 mile road - SP30

I am currently on T1 Entrepreneur and want to apply for ILR in Oct 2017.

Will it affect my application?
What are the alternatives for me?, T1 Entrepreneur extenstion?

Please advise me?

Re: Driving offence - Speeding SP30 from Court with fine

Posted: Thu Aug 25, 2016 2:22 pm
by fms05
Normally any conviction is disregarded after 24 months, so by Oct 17 you will already have passed 24 so its fine.

Re: Driving offence - Speeding SP30 from Court with fine

Posted: Thu Aug 25, 2016 11:02 pm
by antonio22
fms05 wrote:Normally any conviction is disregarded after 24 months, so by Oct 17 you will already have passed 24 so its fine.
Thanks for your reply, but court ordered to pay fine on 27 July 2016, one month ago, eventhough the date of offence was Sep 2015. I wonder, weather they consider the date of offence (Sep 2016) or the the court ordered (July 27, 2016) to endorse points and fine.

Thanks

Re: Driving offence - Speeding SP30 from Court with fine

Posted: Fri Aug 26, 2016 5:04 am
by sunymalik
Hi

You will be fine in ILR.....As traffic offence not consider to be a criminal but make sure you mention this in your application..... otherwise deception will be the result..........if it wud be citizenship application than it cud be a problem but for ILR you will be alright.


Thanks

Re: Driving offence - Speeding SP30 from Court with fine

Posted: Fri Aug 26, 2016 8:10 am
by antonio22
sunymalik wrote:Hi

You will be fine in ILR.....As traffic offence not consider to be a criminal but make sure you mention this in your application..... otherwise deception will be the result..........if it wud be citizenship application than it cud be a problem but for ILR you will be alright.


Thanks
Thanks for your reply,

My concern is, this traffic offence was convicted at the court and court issued the fine and awarded the penality.
The law says;
(1C) where the person is seeking indefinite leave to enter or remain:

(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) 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.”
I fall under (iv) paragraph. I requested Subject Access disclosures from ARCO- Police National Computer (PNC) to find out what information ( criminal record) held in their computer.

The last paragraph of section iv "that is recorded on their criminal record."
Does it mean, whaterver held in their criminal record only be considered?
Am I fine, if there is no record in PNC and a DBS check ?