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ILR and Traffic offence ( overspeeding)
Posted: Fri May 28, 2010 8:18 am
by kkhan
hi guys.
what is the impact of overspeeding ( 3 points and fine , 36 mph or 30 mph limit) on your ILR application..
do we need to disclose it , any negative impact on application...........
i just got this ticket but i have 2 yrs for my ilr applications.
cheers ......
khan
Re: ILR and Traffic offence ( overspeeding)
Posted: Fri May 28, 2010 11:58 am
by mrlookforward
kkhan wrote:hi guys.
what is the impact of overspeeding ( 3 points and fine , 36 mph or 30 mph limit) on your ILR application..
do we need to disclose it , any negative impact on application...........
i just got this ticket but i have 2 yrs for my ilr applications.
cheers ......
khan
I guess you have got a Fixed Penalty Notice? You do have a full UK driving license?
Posted: Fri May 28, 2010 12:28 pm
by kkhan
yes i got full driving license.....
Posted: Fri May 28, 2010 12:51 pm
by mrlookforward
OK,
Yes, accept the fine and penalty points on your license as soon as possible.
Because this is a fixed penalty notice, you wont need to declare it anywhere.
For long term, may I advice you, that if form some other matter, traffic offence or else, you get taken to court and get convicted by the court, then this will need to be declared and most of the convictions wont be spend before 5 years. This may well have implications on your ILR and most importantly your citizenship when the time comes.
Posted: Fri May 28, 2010 4:11 pm
by kkhan
thanks m8
Posted: Sun May 30, 2010 9:27 am
by shs213
mrlookforward wrote:OK,
Yes, accept the fine and penalty points on your license as soon as possible.
Because this is a fixed penalty notice, you wont need to declare it anywhere.
For long term, may I advice you, that if form some other matter, traffic offence or else, you get taken to court and get convicted by the court, then this will need to be declared and most of the convictions wont be spend before 5 years. This may well have implications on your ILR and most importantly your citizenship when the time comes.
HI, I got my ILR appointment in 2 weeks...
I got 6 points in my license from 5 years ago, I know the points are only valid for 4 years BUT I still have them in my license counter part.
Do I have to disclose this?
the offence was in Oct 2005 for driving without due care and attention, i was referred to courts, I didnt attend so they issued 6 points and a fine....
Please advice...
Thanks
Posted: Sun May 30, 2010 10:27 am
by senthil78
shs213 wrote:mrlookforward wrote:OK,
Yes, accept the fine and penalty points on your license as soon as possible.
Because this is a fixed penalty notice, you wont need to declare it anywhere.
For long term, may I advice you, that if form some other matter, traffic offence or else, you get taken to court and get convicted by the court, then this will need to be declared and most of the convictions wont be spend before 5 years. This may well have implications on your ILR and most importantly your citizenship when the time comes.
HI, I got my ILR appointment in 2 weeks...
I got 6 points in my license from 5 years ago, I know the points are only valid for 4 years BUT I still have them in my license counter part.
Do I have to disclose this?
the offence was in Oct 2005 for driving without due care and attention, i was referred to courts, I didnt attend so they issued 6 points and a fine....
Please advice...
Thanks
You need to disclose in your application as it will be spent after 5 years from the date of conviction (In Oct 2010).
Posted: Sun May 30, 2010 12:48 pm
by mrlookforward
Senthil is correct, your sentence will be spent 5 years from the date of conviction ie october 2010.
For how long do the point remain or do not remain on your license is irrelavent for the purpose of rehabilitation period.
Actually points on the license do not have a spent period at all. Its the fine you get in court that matters and the fine takes 5 years to spent.
Posted: Sun May 30, 2010 1:13 pm
by shs213
mrlookforward wrote:Senthil is correct, your sentence will be spent 5 years from the date of conviction ie october 2010.
Actually points on the license do not have a spent period at all. Its the fine you get in court that matters and the fine takes 5 years to spent.
what do you mean by "spent period"? Whn i last spoke to DVLA they said the points can be taken off after 4 years [Oct-09] by paying £20 and applying for a new counter part....
Will this have any negative impact on my application?
Posted: Sun May 30, 2010 1:27 pm
by mrlookforward
When you get convicted in a court of law, you are recorded as a criminal. Wherever you are asked to disclose, you must disclose this conviction. But your slate gets wiped clean after a certain period of committing offence. This is referred as "spent" time or "rehabilitation" time.
I think you didnt read my previous post carefully or you dont want to understand something which doesnt suit you.
You were convicted in a court and fined. This fine will take 5 years to get spent.
All his has nothing to do with the points on your license or DVLA. If your points have now cleared from your license or even if points remain for next 100 years on your license, it doesnt make any difference whatsoever.
http://www.lawontheweb.co.uk/rehabact.htm
Having said all of that, this wont have any negative impact on your application. But remember, if you dont disclose it in your application they will refuse you for using deception, and then you wont stand a chance in any court of the land to challenge the refusal.
Posted: Mon May 31, 2010 10:18 am
by shs213
mrlookforward wrote:
I think you didnt read my previous post carefully or you dont want to understand something which doesnt suit you.
Mate - no need to be sarcastic, ppl have different understandig levels. I asked the question cos i didnt understand it...
Having said that, thanks for your response... I learned something new...
however, the application states,
"
Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act is given towards the end of this section."
the link you suggested [
http://www.lawontheweb.co.uk/rehabact.htm] seems to be covered by the above note?
Posted: Mon May 31, 2010 10:26 am
by Wanderer
shs213 wrote:mrlookforward wrote:
I think you didnt read my previous post carefully or you dont want to understand something which doesnt suit you.
Mate - no need to be sarcastic, ppl have different understandig levels. I asked the question cos i didnt understand it...
Having said that, thanks for your response... I learned something new...
however, the application states,
"
Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act is given towards the end of this section."
the link you suggested [
http://www.lawontheweb.co.uk/rehabact.htm] seems to be covered by the above note?
You need to disclose them, as the Act u refer to stipulates the spent period to be five years, only then are they considered 'spent', as Mi Learned Friend above specified.
Posted: Mon May 31, 2010 10:28 am
by shs213
Wanderer wrote:shs213 wrote:mrlookforward wrote:
I think you didnt read my previous post carefully or you dont want to understand something which doesnt suit you.
Mate - no need to be sarcastic, ppl have different understandig levels. I asked the question cos i didnt understand it...
Having said that, thanks for your response... I learned something new...
however, the application states,
"
Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act is given towards the end of this section."
the link you suggested [
http://www.lawontheweb.co.uk/rehabact.htm] seems to be covered by the above note?
You need to disclose them, as the Act u refer to stipulates the spent period to be five years, only then are they considered 'spent', as Mi Learned Friend above specified.
thanks Wanderer...
Posted: Mon May 31, 2010 4:43 pm
by mrlookforward
Wanderer wrote:shs213 wrote:mrlookforward wrote:
I think you didnt read my previous post carefully or you dont want to understand something which doesnt suit you.
Mate - no need to be sarcastic, ppl have different understandig levels. I asked the question cos i didnt understand it...
Having said that, thanks for your response... I learned something new...
however, the application states,
"
Note 3 Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed. More information about the Act is given towards the end of this section."
the link you suggested [
http://www.lawontheweb.co.uk/rehabact.htm] seems to be covered by the above note?
You need to disclose them, as the Act u refer to stipulates the spent period to be five years, only then are they considered 'spent', as Mi Learned Friend above specified.
I think I just wasted my time, lol.