DVLA automatically revoked license impact in ILR

[s_Singh496]

Dear ILR Holders/Visa Experts, 

Hope you 'all are doing well. 

I need some advice on my ILR application due later this year.

Q1.I am currently the main Tier-2 visa holder and my wife is dependent on me living in the UK from the same time (4.5 years) back and we both are eligible almost at the same time for the ILR including our baby who was born in the UK (2 years back).
For the ILR, can I apply for my wife ILR first and apply myself as dependent on her ? I'm thinking this, as I have changed two companies (xxxxxx) on Tier-2 VISA and do not want to get on the multiple documentation and involve ILR complications. My Wife always worked for the same company. So, despite, I am primary Tier-2 VISA holder, Can I apply for my wife's ILR application first and become her dependent ?
Any reply would be appreciated. 
Thanks, 
Sansin

[CR001]

Can I apply for my wife's ILR application first and become her dependent ?

No you cannot. A PBS dependent cannot apply for ilr independently without the main PBS visa holder applying as main applicant at the same time or already holding ilr.

UK born baby does not need ilr. Child can be registered as British once you have ilr.

[zimba]

I also should add that Tier 2 General visa does not exist and it is now all under the Skilled Worker Route. Many of the old Tier 2 general requirements do not even appear under the rules at all. I do not see what is the basis for the ILR complications at all

[s_Singh496]

Hi Team,

Hope you are all doing well.

My wife is on Tier2 dependent visa (for - 5 year Tier-2 dependent but she is falling a few days short of her ILR 5th anniversary.

Can you please help me now to see if I need a tier-2 extension for my wife?

please find the details:

1. Date on BRP issue: 18/MAY/2017
2. Date of Vintage issue: 18/May/2017
3. Date of Actual entry in UK ( stamp data by officer at airport) : 30/May/2017
4. Date of expiry in BRP: 16 April 2022

As I read on other threads, we can apply 28 days prior to the date of BRP which means she is entitled from 20th April 2022. However, my wife's current BRP is valid until 16th April 2022.

With the above dates, she is short with 4 days to apply for the ILR. So our questions are:

1. Can she apply 4 days prior?
2. Or do I need a Tier-2 visa extension?

Please advise so I can proceed accordingly.

[zimba]

Answered multiple times daily Apply early book the appointment later

[s_Singh496]

Hi experts,

In Dec 2019, I got 3 speeding tickets SP30 (33, 36, 36) on a 30speed limit road on the same spot within 5 days window. I misunderstood the limit as 40mph that's why it occurred. However, I paid for the three notices online and since it was 6 points within my 1.9 years of the license, my license got revoked automatically by DVLA. However, I have immediately given the test again ( both theory and practical) and passed the exam, and got the full UK DL since then, and driving safely since then.

I have never been to any Court or to any Police or police station and there never was any ban on my driving by any court.

1. I am eligible for ILR on Feb'22 (after 2 years of the last fine).
2. Will it affect my ILR ?
3. Do I need to declare it? As the ILR application says need not to declare Fixed Penalty Notice (FPN). I never been summoned to court or entered in court for the matter.

[zimba]

Disqualification from driving is not a recordable offence but it is treated as a non-custodial sentence for immigration purposes. There is no mandatory refusal for ILR but there is can be discretionary refusal. This is up to UKVI

Leave to remain and Indefinite leave to remain – discretionary refusal
All applications for leave to remain where the person has offending which has
caused serious harm or where the person is a persistent offender must be referred to
FNO Returns Command for deportation consideration.

An application for leave to remain will normally be refused where:

• it is undesirable for the applicant to remain in the UK in light of their conduct,
including convictions which do not fall within paragraph 322(1C), character or
associations or the fact that they represent a threat to national security (under
paragraph 322(5))

• the applicant’s offending has caused serious harm (under paragraph
322(5A)(a))

• the applicant is a persistent offender who shows a particular disregard for the
law (under paragraph 322(5A)(b))

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

[s_Singh496]

Hi @Zimba,
Thanks for your reply but I think you misunderstood the disqualification.
Doc says:
====
receive 12 or more penalty points (endorsements) within three years, or two years for recently qualified drivers
=====

I never received 12 points and didn't receive a disqualification from the court. It was 6 points and the license got revoked automatically by DVLA. Revocation isn’t the same as a driving disqualification as far as I understand. Also, this happened 2+ years before at the time of making the ILR application. Will that not make a difference? I paid the £100 fine for all the points and now driving on my new full-time license.

[zimba]

I looked it up and DVLA cancellation of your license and disqualification are not the same things. So you should be ok

[s_Singh496]

@zimba,

Thanks for checking this for me.

So, as I understand, it's the same as having FPN's. Shall I mention it in my ILR application? (most previous thread says, mentioning FPN's than under-reporting)

[zimba]

There is no need to declare this. Up to you