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Dear Gurus and friends,

I 've been following the forum for long time and quite helpful.Thanks to every one.

My initial application for T1 entre was granted May 2014
Extension was applied on Apr 2017 and after a long battle(JR) Granted visa from Dec 2018 till Dec 2020.(Gap was lawfully covered)

Now Technically am eligible for my ILR from Apr/May 2019

My questions are

1)After reading the guidance policy, my understanding was that I can use the last 12 months for employee creation. ( I can show April 2018 yo Apr 2019 Employement) Is this correct guys ?

2)Do I need to do 3 months bank maintenance for my ILR application, If yes How much ? (No dependents on this application)

3)On 2011 My friend hired a car, added me as additional driver but I never drove the car for entire rental period . He drove the car and speeding ticket was given but asking who drove the car ( Request to provide information letter ). This letter were sent to a old address were my friend was residing . Also he left UK and back back to his country before receiving these letters. So we both were unaware until 2018 March I recived a letter from historic debt team that I owe 640£ . So I rang them asked for more info, I found out that because I dint not provide any information so the court fined on my absence. I decided to challenge, as I was genuinely dint do anything wrong( I have proof residing in different address and my friend also gave a letter to confim he drove the car . First step was to give Statutory declaration. In front of Judge and clerk I gave oath and I said I dint recieve any documents in regards to this. So they asked if i plea that I m guilty/not guilty for not providing info/ also speeding . I said not guilty for both but unfortunately clerk recorded guilty for speeding and not guilty for failing to provide info. I dint know this until the actually case came to court . So on a another day, judge decided to dismiss the case for failing to provide info, as there was not enough evidence. So he fined for speeding + court costs + 3 points (210£) . Challenging this was costing more than fine . So I decided to pay .. Now will this affect my application ? Please let me know your opinion

(Guidance policy for ILR says that one or two fine shouldn't need to reflect on decision unless if it's been failed to pay or been to court )

Thanks in advance guys

1. Yes
2. No
3. Unfortunately, it will fall under general grounds of refusal 322 (1c)(iv) which states that ILR has to be refused when:
(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..
Since your visa is until Dec 2020, you can just wait until the time passes.

Thanks Marcnath for your reply .

I disagree with marcnath

The paragraph that you mentioned applies only for criminal conviction. Since speeding is not a criminal conviction (even though he is charged in court) this factor will not affect ILR
This has been confirmed many times by different senior members like Zimba and many got their ilr with speeding. I got my extension with 12 points

10020132 wrote: ↑

Sun Jan 27, 2019 11:50 pm

I disagree with marcnath

The paragraph that you mentioned applies only for criminal conviction. Since speeding is not a criminal conviction (even though he is charged in court) this factor will not affect ILR
This has been confirmed many times by different senior members like Zimba and many got their ilr with speeding. I got my extension with 12 points

Can you clarify your case - were you taken to court ? If not, that would not be a valid comparison.

Speeding fines paid and points on the licence are definitely not considered in ILR unless you have been getting those frequently.

Do a bit of googling and talk to a lawyer if needed, but there are clearly cases where ILR has been refused for driving offences. There is possibly some discretion there as it is not in the criminal record.

I was taken to court

Previously you mentioned that you fall for general ground for refusal and I am saying NO to that since its not a criminal offence. Driving offence does not mean that itd is a criminal offence. E. G drunk driving is a criminal offence or driving with out valid insurance is a criminal offence. But not every driving offence is criminal.
So the cases which you are talking about would might be criminal due to which their ilr got rejected but speeding is definitely not criminal. So it doesn't really matter if he was charged for speeding in court or not. A non criminal offence charged whereever, court or otherwise, will have no effect on ILR

There are many cases where this has been discussed before

HI Guys,

Thanks for reply . Let me explain my case in detail.

The original case was on 2011, Judge fined me 610£ on my absence. ( I WAS not aware on this stage) Reasons

1) Speeding offence in 30mph limit
2) Failing to provide information offence contacted in wrong address by officers .

On 2018 when I was contacted by Historic debt team via post . To pay the money ( Remember this is the first point I was made aware of enitre issue )

So on 2018 I have gave a statutory declaration court confirming I dint not know or recive any information regarding this until 2018 . So this case went to square one .Which means previous 2011 was no longer valid.

The judge was suppose to looks into the case on a hearing date and confirm the trial date for me but instead of that he dismissed the case for failing to provide information as there was not enough evidence against me .
He Fined me with 3 points + court fees .

So I dint have to attend the court .

Hope this give clear case info .


Thanks

Speeding is a criminal offence if prosecuted through a Court hearing.

"A criminal conviction applies to all convictions, cautions, reprimands and final warnings. ... road traffic offences (speeding, parking fines) except where the matter has been dealt with by way of a 'fixed penalty notice' as such matters do not constitute a criminal conviction."

However it may not be a 'recordable' offence.