sunymalik wrote:Hi
You will be fine in ILR.....As traffic offence not consider to be a criminal but make sure you mention this in your application..... otherwise deception will be the result..........if it wud be citizenship application than it cud be a problem but for ILR you will be alright.
Thanks
Thanks for your reply,
My concern is, this traffic offence was convicted at the court and court issued the fine and awarded the penality.
The law says;
(1C) where the person is seeking indefinite leave to enter or remain:
(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or
(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or
(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or
(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”
I fall under (iv) paragraph. I requested Subject Access disclosures from ARCO- Police National Computer (PNC) to find out what information ( criminal record) held in their computer.
The last paragraph of section iv "that is recorded on their criminal record."
Does it mean, whaterver held in their criminal record only be considered?
Am I fine, if there is no record in PNC and a DBS check ?