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Speeding Offence ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Rajeev123
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Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 8:09 pm

Dear Friends,

Need your input. I am due to apply for my ILR on 5th Feb. Today i have received three Notice of Intended prosecution for speeding at the same point in last three days.

I am worried if I will either get FPN (fixed penalty notice with three points) or will I get a court summon. I understand FPN's are fine but I am worried if this goes to the court and get fined from court. Will this have any impact on my ILR application. Really worried.
Do share your views

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Casa
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Re: Speeding Offence ILR

Post by Casa » Sat Oct 22, 2016 8:33 pm

Considering this involves 3 separate speeding offences these are likely to be dealt with by the Court. 3 penalty points for each offence (9 points) may well result in a loss of driving licence + a considerable fine.

You may be able to plea bargain if the case goes to Court, but it will have to be declared in your ILR application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Rajeev123
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Re: Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 8:40 pm

I understand you need 12 points for a ban.I only have 9.

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Casa
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Re: Speeding Offence ILR

Post by Casa » Sat Oct 22, 2016 8:45 pm

Unless you're within the first 2 years of passing your driving test.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Rajeev123
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Re: Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 9:09 pm

My license is 4 years old. will they still take this to court

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Casa
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Re: Speeding Offence ILR

Post by Casa » Sat Oct 22, 2016 9:19 pm

With 3 offences in close succession they may do.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Rajeev123
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Re: Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 9:38 pm

does that then impacts my ILR application. what are my options then. My tier 2 expires soon.

Rajeev123
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Posts: 162
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Re: Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 9:54 pm

i am really worried. Guru's please share your view

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Casa
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Re: Speeding Offence ILR

Post by Casa » Sat Oct 22, 2016 10:09 pm

Part 9 of the Immigration Rules:
"(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.”


Nothing much to be done at present until you know whether you are issued with FPNs or a Court summons, although either will need to be declared.

In the meantime, watch your speed. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Rajeev123
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Posts: 162
Joined: Mon Jun 20, 2011 9:23 am

Re: Speeding Offence ILR

Post by Rajeev123 » Sat Oct 22, 2016 10:28 pm

in that case, will i be able to get any extension on my stay at all- provided i would have used my six years on tier 2

Rajeev123
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Posts: 162
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Re: Speeding Offence ILR

Post by Rajeev123 » Sun Oct 23, 2016 10:49 am

Any comments - anyone?

Rajeev123
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Posts: 162
Joined: Mon Jun 20, 2011 9:23 am

Re: Speeding Offence ILR

Post by Rajeev123 » Sun Oct 23, 2016 3:56 pm

dear all,

do share your views. I truly appreciate it.

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Re: Speeding Offence ILR

Post by Wanderer » Sun Oct 23, 2016 4:26 pm

What was the speed limit and the speeds you got zapped at?
An chéad stad eile Stáisiún Uí Chonghaile....

Rajeev123
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Re: Speeding Offence ILR

Post by Rajeev123 » Sun Oct 23, 2016 4:34 pm

three fine, all limit on 30mph, exceed by 37,38 and 41 mph. No previous points

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Re: Speeding Offence ILR

Post by Wanderer » Sun Oct 23, 2016 6:21 pm

Rajeev123 wrote:three fine, all limit on 30mph, exceed by 37,38 and 41 mph. No previous points
Pretty over the limit, you might get 4-6 points or even a ban for the 41mph, but you might be offered a SAC for one of the others to offset the pain.

BTW you don't mean 'exceeded by' do you? ie you don't mean you where drving at 67, 68 and 71mph in a 30?

TBH I think this will affect ILR...
An chéad stad eile Stáisiún Uí Chonghaile....

Rajeev123
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Posts: 162
Joined: Mon Jun 20, 2011 9:23 am

Re: Speeding Offence ILR

Post by Rajeev123 » Sun Oct 23, 2016 6:27 pm

I just read and as per the guidelines only if you are above 50 in a 30 mile you get the summon and glow does this affect ILR. There are several post confirming - even if the conviction is given by court it will not be recorded as criminal conviction against your name.

Rajeev123
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Posts: 162
Joined: Mon Jun 20, 2011 9:23 am

Re: Speeding Offence ILR

Post by Rajeev123 » Sun Oct 23, 2016 11:28 pm

I know I am pushing really hard to get clarity. Can other gurus please help me out here

rama.b
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Re: Speeding Offence ILR

Post by rama.b » Wed Oct 26, 2016 1:30 pm

This may help

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