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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am from India and living in UK for the last 5 years on Tier1

Customer Question

I am from India and living in UK for the last 5 years on Tier1 Visa, I am due for my ILR in May 2011. In Feb 2007 I received a Notice of Intended prosecution from Greater Manchester Police for excess speed (30MPH). I was driving on my IndXXXXX XXXXXcense so I got fined by Magistrate Court for 60£ (3 points on my license SP30), pleaded guilty thru post. According to the new rule published on 6th April 2011, will I be able to apply for my ILR in May 2011, or I need to wait until the Conviction is spent ? (However there is a great confusion that when a Speeding fine is spent , 4 years or 5 years ?) As per Rehabilitation Act 1974, there is nothing regarding Speeding Ticket, but it says that Fine should be spent after 5 years.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Hi,

 

Thanks for your question.

 

From the limited information you have provided above, under the existing rules, you will not be able to apply for ILR until such time as the conviction is deemed spent. This would mean that you would have to wait for a period of 5 years until the conviction would be deemed spent under the Rehabilitation of Offenders Act 1974.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
Well , I am still unclear on if the fine I got from magistrate court is a conviction under rehabilitation act 1974 or it's out of that ?
Expert:  INC replied 5 years ago.

It is a conviction and should be treated as such. Thus, the conviction would not be deemed spent unless it has been 5 years.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards

Customer: replied 5 years ago.
Hi,
I did post this question to a forum where people suggested that a speeding ticket is not a conviction always, so they suggested me to go for a CRB check (Standard) and see if this comes out as conviction. If yes then I need to wait for one more year. Do you suggest the same for me to be sure , or you think that it's already clear that it's a conviction.
Would it help if I share the copy of the letter I received from Magistrate Court for Fine ?
Also, a few guys suggested that a conviction is when it's given in the court (when you disagree and go to court and found guilty over there ) and the one I got was by post , which I agreed. Is this definition of conviction not correct ?
Expert:  INC replied 5 years ago.

Hi,

 

Whilst it is technically a criminal offence it does not get recorded as such on the Police National Computer and does not constitute a criminal record - UNLESS they also constitute a disqualification or a prison sentence but even that is a bit of a grey area.

 

I would suggest you obtain a copy of your CRB and then make a decision.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards

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