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Hi Everyone

My spouse is due to apply for ILR following completion of 5 years on spouse visa.

Going through the application I have noticed there is a check box for wether he has ever been disqualified from driving.

So earlier this year he received 3 more penalty points which have now taken him to 12 pending disqualification. He has until tomorrow to reply to court whether he wishes to attend court and provide his mitigating circumstances or whether to accept the decision. I am worried by going to court that would affect his ILR even more negatively?

We are both civil servants. Both way above the salary threshold.

To be more clear... my question is with his disqualification will he be refused ILR if he was to apply? Despite his disqualification is for totting up points.

Ts10 3 points 2018 - didn't respond in time hence points and fine othereise would have been a course.

Sp30 3 points 2017

Sp30 3 points 2019

Sp40 3 points 2020 ( pending disqualification from October 2020 )


I think 3 points have expired however because at the time of contravention last year he was already on 9 points so they take that in view.


Any help is appreciated. Kind regards

The refusal is now at the discretion of the UKVI. If it is found that there is a persistent offending, ILR will be refused.

https://assets.publishing.service.gov.u ... idance.pdf

Thank you for your response.

I have had a look at his points as follows:

TS10 3 points 1 aug 2018
SP50 3 points 13 Apr 2019
SP30 3 points 7 dec 2019

currently going to be attending court for SP30 10 Oct 2020

Would you from your experience say this is grounds for a persistent offender?

Also I have been advised if I apply for ILR and should it be refused, they will grant my spouse the extension for spouse visa rather then refuse and ask him to leave. Is anyone with experience able to confirm this?

As I told you above this is up to UKVI. The rules give such power to caseworkers to determine this themselves. If refused, your spouse will be offered visa under 10 years family route. In that case I suggest a variation of ILR to FLR(M) application instead