Please help Explaining this- English is not my first language

[shanky]

In Immigration Rules part 9: grounds for refusal

Refusal of leave to remain, variation of leave to enter or remain or curtailment of leave
322.
Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1C) where the person is seeking indefinite leave to enter or remain:

(iv) they have, within the 24 months prior to the date on which the application is decided, 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.


Within last 24 months I have motoring offence CU30(defective tyres). I went to court for this and was given 3 points and £250 fine. Just to be sure if I have a criminal record or not after 18 months of going to court I recently got my DBS and Police Nation Computer database (PNC) check done, both checks came clean nothing is on my criminal record. I'm guessing it will be considered as a non-custodial sentence within last 24 months?

1- Does this mean non-custodial sentence has to be recorded on criminal record for the caseworker to refuse ILR application on this ground? Or does it means doesn't matter if it's on the criminal record or not caseworker has to refuse the application if it's within last 24 months?

2- Also which part of SET O form should I mention about this as this is not a criminal conviction?

[zimba]

You don't have to ask this several times. I clearly explained this to you previously

indefinite-leave-to-remain/can-i-apply- ... 39118.html