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Hi everyone,
I really need some expert advice on this:
My husband is on tier 2 general visa. He is eligible to apply for an ILR now. He was stopped by police on 03/04/2018 for careless driving. We never received any notice, fine or points after that. His premium ILR appointment was booked for 03/10/2018. We did not declare it as we never received anything regarding that case. The visa office told him that he has a pending prosecution and they cannot give him decision in premium appointment. We got a court summon on the same day. A police officer came to drop all the documents.Our visas are due to expire on 28/12/2018. Case is still pending and in court now, the court date is for January. We will have to apply his ILR before end of December with the pending court case. Can anyone advice me, if he gets court convicted (fine or points) how would that affect his ILR? Is it a record-able offence? Thanks in advance.

When police office stop you, he ask you about your details or ID? And he discuss about any notice ?

He said that we would either get a fine, points or court notice. But we never got anything for 5 months and 29 days. we got it on the last day, and it was our premium service appointment on that day.

To answer your previous question in your opening post, CD10 is a criminal offence and is recorded.

Thanks for your reply. But i have seen some cases on this forum where people have said its a non-recordable offence. This is all so confusing for us.

tehreemkhan wrote: ↑

Mon Nov 26, 2018 1:14 pm

Thanks for your reply. But i have seen some cases on this forum where people have said its a non-recordable offence. This is all so confusing for us.

On further research, it appears that providing the offence doesn't carry a custodial sentence, it is non-recordable.

That's a relief. Thanks.
I guess its non-custodial because court can only give fine or points on CD10. Where did you search this? I can have a read through that as well as its getting on our nerves.

If it's not recorded, then its should not affect the ILR outcome. Right?

tehreemkhan wrote: ↑

Mon Nov 26, 2018 2:12 pm

If it's not recorded, then its should not affect the ILR outcome. Right?

Correct

Thanks guys, we have contacted quite a few immigration solicitors and they have been giving mixed responses and don't promise any outcome, which is depressing for us.

tehreemkhan wrote: ↑

Mon Nov 26, 2018 3:53 pm

Thanks guys, we have contacted quite a few immigration solicitors and they have been giving mixed responses and don't promise any outcome, which is depressing for us.

CD10 does NOT lead to a custodial sentence just FPN or penalty points. So it is clearly not recordable. You should be fine

Thanks Zimba. Somehow our road traffic solicitor also thinks that it would be recorded on criminal record. We can't get premium appointment now. Will apply through post and once we get our outcome, il update you all. Thanks

tehreemkhan wrote: ↑

Mon Nov 26, 2018 8:01 pm

Thanks Zimba. Somehow our road traffic solicitor also thinks that it would be recorded on criminal record. We can't get premium appointment now. Will apply through post and once we get our outcome, il update you all. Thanks

Instead apply through new Sopra steria system using 24 hours priority option

makky86 wrote: ↑

Tue Nov 27, 2018 10:33 am

tehreemkhan wrote: ↑

Mon Nov 26, 2018 8:01 pm

Thanks Zimba. Somehow our road traffic solicitor also thinks that it would be recorded on criminal record. We can't get premium appointment now. Will apply through post and once we get our outcome, il update you all. Thanks

Instead apply through new Sopra steria system using 24 hours priority option

With a pending prosecution, the OP is unlikely to get any decision until the outcome of the pending prosecution. The ILR application will be put on hold.

Thanks guys. We are over the moon today. Our CD10 case is dropped by the prosecutor fiscal today. So no pending prosecution or court case now. How does the new system work? We are good to apply through the new system now.