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3 points on license
Posted: Tue Jul 02, 2019 11:56 am
by nasiaziz
hi all
this is a question on behalf of a friend!
hes on teir 1 entrepreneur for last 5 years and is due for
ilr next month !
question is he recently got 3 points on license from court and some fine aswell for over speeding,, 40 allowed and he was driving 48miles an hour,
can he apply for ilr with all this , a lawyer told him he wont get ilr because of this offence,
please any seniors answer this will appreciate
thanks
Re: 3 points on license
Posted: Tue Jul 02, 2019 3:36 pm
by zimba
Speeding fine has no effect on his ILR.
Re: 3 points on license
Posted: Wed Jul 03, 2019 12:32 am
by CULLINAN
Zimba wrote: ↑Tue Jul 02, 2019 3:36 pm
Speeding fine has no effect on his ILR.
even it the matter was taken to court?
Re: 3 points on license
Posted: Wed Jul 03, 2019 1:00 am
by zimba
Yes. That is because being fined by the court for speeding is a criminal conviction but it does NOT lead to a criminal record. In order for a conviction to also lead to a criminal record it must be a recordable offence and speeding is not on its own. Motoring offences that qualify as recordable include dangerous driving, drink driving, drug driving, failing to provide a blood, urine or breath specimen, and failing to stop and report an accident.
ILR will only be affected by recordable offences. Speeding convictions from the court must be declared on your ILR application but will not affect your ILR. It is important to note that unlike ILR, for British citizenship and under the Good Character requirement, ALL your convictions will be considered.
Re: 3 points on license
Posted: Wed Jul 03, 2019 2:14 pm
by CULLINAN
Zimba wrote: ↑Wed Jul 03, 2019 1:00 am
Yes. That is because being fined by the court for speeding is a criminal
conviction but it does NOT lead to a criminal
record. In order for a conviction to also lead to a criminal record it must be a
recordable offence and speeding is not on its own. Motoring offences that qualify as recordable include dangerous driving, drink driving, drug driving, failing to provide a blood, urine or breath specimen, and failing to stop and report an accident.
ILR will only be affected by
recordable offences. Speeding convictions from the court must be declared on your ILR application but will not affect your ILR. It is important to note that unlike ILR, for British citizenship and under the Good Character requirement, ALL your convictions will be considered.
Thanks for the clarification.