Application for ILR

[Profprof83]

Good afternoon,

My wife intends to apply for same day ILR next week. She recently received a court fine for an untaxed vehicle, not ccj.

We moved house and were unaware of the dvla payment request and later court fine.

Will the fine have an adverse effect on her ILR application and does she need to state it as a conviction.

We were informed that we could submit a statutory declaration and the court fine would be removed and revert back to a dvla fine as we didn't receive the original correspondence, but could take some time.

Will the above have an impact on the application based on the 24month conviction threshold or is this not relevant to the above and a different kind of offence as i dont think it's a criminal record offence. Therefore enabling us to proceed before doing the statutory declaration knowing that it doesn't impact the application anyway.

Would really appreciate feedback, based on our desire to apply next week.

Thanks guys

Daniel

[choc_mouse]

I'm no expert but until it's been cleared by the courts, neither you nor the case worker can assume otherwise.

If it were me, and time permitting, I would try and get the statutory declaration thing done first, then apply for ILR. The risk of just losing the application fee alone makes it not worth it for me.

In any case, I would come clean on the "convictions and other penalties" section, explaining what has happened, be honest and err on the side of caution. Whether it materially affects your application, someone with more knowledge will have to comment.

Good luck

[Profprof83]

Thanks for the advice.

Hopefully someone with more information can also comment, but I agree with your logic. I saw a few similar cases mentioned certain offences aren't recordable offences so don't impact ILR and wondering if this is one of them and being that it is more than 24 months since the court fine was issued.

Thank you

[zimba]

Not all court convictions are recordable. Recordable convictions are offences that carry a prison sentence under the law.
If you end up in court or get a fine, that does NOT necessarily mean you get a recordable offence. For example driving without insurance leads to a court conviction but it is NOT recordable so no effect on ILR. Generally only serious offences are recordable under the law and only those affect ILR (e.g drink driving). Being fined for untaxed vehicle is not recordable

[Profprof83]

Thank you very much, my wife has been really stressed since we just found out a week before her fast track ILR next week.

Alway appreciate advice from individuals knowledgeable in the field .