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Offense with 4 Points affect on ILR
Posted: Fri Oct 06, 2017 11:57 am
by Dea guy
Dear Friends,
I read somewhere that offense with point or penalty can affect ILR application.
Actually i was stopped by police officer on 3 January 2014 and he took me to court where i got 4 points on driving license with £115 fee (Fine) on 26 of November 2014.
I checked my driving license online. It says ''NO POINTS ON LICENSE. POINTS WILL BE REMOVED 3/1/2018''.
I have to applly my ILR in End of May 2019 or First week of September 2019.
Can it affect my ILR application or not?
Thanks.
Regards,
Re: Offense with 4 Points affect on ILR
Posted: Fri Oct 06, 2017 7:47 pm
by marcnath
Assuming you got a Fixed Penalty Notice, it won't impact. Though not clear why you had to be taken to court for that.
Re: Offense with 4 Points affect on ILR
Posted: Fri Oct 06, 2017 9:30 pm
by Dea guy
Hi Macrnath,
Car was under cover police car. They were driving slow. I flashed head light just to let him know that he is driving slow.
They gave me way to cross then stopped me. Took me in court and said i was driving without due care. I got 4 points CD10: driving without due care with £115 fine.
This is from majistrate. Offense date is 3/1/2014. Court fine and points date is 26/11/2014.
Re: Offense with 4 Points affect on ILR
Posted: Fri Oct 06, 2017 9:32 pm
by CR001
As it went to court, you need to declare it.
Re: Offense with 4 Points affect on ILR
Posted: Fri Oct 06, 2017 9:52 pm
by marcnath
The relevant section that applies to you is Section 322 of the immigration rules which states:
Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused
(1C) where the person is seeking indefinite leave to enter or remain:
(iv) they have, within the 24 months prior to the date on which the application is decided, 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 have only selected the relevant part to you. You can find the full one at
https://www.gov.uk/guidance/immigration ... or-refusal
You obviously will have to declare it in your application, but I am not sure if this actually recorded in your criminal record. If it is, then your ILR can be refused.
Re: Offense with 4 Points affect on ILR
Posted: Sat Oct 07, 2017 9:18 pm
by shanky
Dea guy wrote: ↑Fri Oct 06, 2017 9:30 pm
Hi Macrnath,
Car was under cover police car. They were driving slow. I flashed head light just to let him know that he is driving slow.
They gave me way to cross then stopped me. Took me in court and said i was driving without due care. I got 4 points CD10: driving without due care with £115 fine.
This is from majistrate. Offense date is 3/1/2014. Court fine and points date is 26/11/2014.
Find out if CD10 is a recordable offense which I doubt (but make sure) .Either way, you will be fine as you would have passed 24 months by the time of ILR. But declare on application form to be on safer side.
Good luck