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Hi All,
My daughter went to India for 4 weeks without school approving her leaves. This was basically becuase my father's health wasn't good, so went to take care of him. The case leads to Megistrate court under education act 1996 section 444 (1) and I considered as a plead to Guilty via Single Justice Procedure. It was mentioned in SJP that if we plead guilty fine will be 30% lower.

Finally, myself and my wife, we both received a letter from Megistrate court for fine of nearly £800. When I called the helpline in court, one lady picked the phone and she mentioned that this will be recorded as a criminal record.

My ILR VISA is 3 years away from now, which is in December 2027. I would like to understand below:

1. Is this recorded as a criminal record & will be coming as a part of DBS check?
2. Do I need to mention about this in ILR application?
3. Is it going to impact the ILR application? Will ILR be refused due to this fine issued by miegistrate?

Any other input or help in this regard will be much appreciated. Thanks.

Thanks,
Sam

1. Yes S444(1) is a recordable offence, so it may appear on a DBS check until it is 'spent'
2. Yes you should declare it
3. Not really as for non-custodial sentences, a refusal is NOT mandatory but discretionary.

See: viewtopic.php?t=348254#p2168182

zimba wrote: ↑

Fri Sep 06, 2024 12:51 am

1. Yes S444(1) is a recordable offence, so it may appear on a DBS check until it is 'spent'
2. Yes you should declare it
3. Not really as for non-custodial sentences, a refusal is NOT mandatory but discretionary.

See: viewtopic.php?t=348254#p2168182

Thanks you zimba for the reply. Just need a further clarification:

On one side, you mentioned ILR impact - Not really, whereas ILR refusal is discretionary, which means may be refused.

Is it like chances are 50-50?

Also I am going to file ILR application 3 years from now; is there any time period for non custodial sentence; like 24 months with ILR application

I was planning to get a house in UK. Do I need to put an hold until I get ILR (if this is at risk)?

Thanks
Sam

Hi All,
My daughter went to India for 4 weeks without school approving her leaves. This was basically becuase my father's health wasn't good, so went to take care of him. The case leads to Megistrate court under education act 1996 section 444 (1) and I considered as a plead to Guilty via Single Justice Procedure.

We have paid the fine too. however, need some clarity on the ILR impact?

1. I have requested for basic DBS check. Will this be coming as recordable? Note: I paid the full money.
2. My ILR application is after 3 years away from now. I will be filing ILR in Dec 2027; will this be refused?
3. I heard that if non custodial sentence is within 24 month; ILR will be refused. Mine is 3 years away. Is there any such parameters?
3. I am planning to buy a house in UK. It could be a big risk if ILR is rejected, so need a view whether I shall buy or need to hold this decsion ?

Any other input or help in this regard will be much appreciated. Thanks.

Thanks,

Stop being paranoid. There is very little risk of refusal unless you committed a slew of other offences.
Did you click on the link and read the official document linked ?

zimba wrote: ↑

Fri Sep 06, 2024 3:54 pm

Stop being paranoid. There is very little risk of refusal unless you committed a slew of other offences.
Did you click on the link and read the official document linked ?

Thanks Zimba. I am really nervous after seeing this, so really sorry.

Yes, I have read the official document, it says number of reasons in addition to this which could lead to refusal.

I was too much worried as you never know. Thanks for giving the confidence.

zimba wrote: ↑

Fri Sep 06, 2024 3:54 pm

Stop being paranoid. There is very little risk of refusal unless you committed a slew of other offences.
Did you click on the link and read the official document linked ?

Thanks you Zimba. I am really too much nervous.

I was going through ILR application "Convictiona and Other penalities", so just jeed a small clarity.

Out of below, on which option, I should declare about education fines issued fromt the court?

1. A criminal conviction
2. A penality for driving offence, for example disqualification for speeding or no motor insurance
3. An arrest or charge for which you are currently on, or waiting trail
4. A caution, warning, reprimand or other out-of-court penality
5. A civil court judgement against you, for example for non payment of debt, bankrupcy proceedings or anti-social behaviour
6. A civil penalty issues under UK immigration law
7. No, I have never had any of these

Thanks,
Sam

You do not need to be nervous, as I said the risk is extremely small. The offence is also not a serious offence at all.
Just declare it as a criminal offence, this will have NO effect on your ILR

zimba wrote: ↑

Sat Sep 07, 2024 2:47 pm

You do not need to be nervous, as I said the risk is extremely small. The offence is also not a serious offence at all.
Just declare it as a criminal offence, this will have NO effect on your ILR

Thank you so much. This thread is so helpful. I am sure, this will give a lot of information to other's as well, who have been on similar situation.

I will keep the group updated on final outcome.

Thanks Zimba for all your support and inputs. This platform is really great.