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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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hello please can anyone help me? I am applying for indefinite

This answer was rated:

hello please can anyone help me?
I am applying for indefinite leave to remain on Long Residence in UK and there is this question that bother me:

E3. Do you have any civil judgments against you or
any civil penalty under the UK Immigration Acts?

The fact is I have driving offences with codes LC20 and fine £135 and 04 penalty points on my license
AND offence code CU50 and fine £100
should I consider that a Yes answer for the question E3?

E1. Have you been convicted of any criminal offence in the UK or any other country?

Should I say yes here because of the driving offense?

E4. Give details for each civil judgment or any civil penalty under the UK Immigration Acts,
starting with the most recent one. If you have received more than two civil judgments and/or
civil penalties under the UK Immigration Acts, please photocopy this page and enclose it with
this form.
Details of judgment or civil penalty 1:

The question is I have CCJ on my credit file which is a part of my school fees I have not paid yet. should I include this as a civil penalty as well as the driving offence above? And do you think this CCJ and the driving offence will count against me getting the Indefinite Leave to Remain?
Hi, thank you for your question. Please remember to rate my service.

Did you get convicted for the driving offences ie did you go to court and plead guilty or not guilty?

Kind regards
Customer: replied 3 years ago.

I went to court and the judge at the time noted my circumstances as stated by my solicitor at the time that I was not working and have a family.


I don't remember I pleaded guilty as my solicitor was doing all the talking and I was given the 4 points and a fine of £ 100 and £ 135 for both offences


 

Thank you for your reply.

In respect of the above, yes you must state that you have been convicted of due to your traffic offences. Your case went to court and therefore you were convicted. In respect of the ccj yes this must also be stated in your application.

The conviction or the ccj will need to be considered and each case will be decided on its own merits, therefore you should state the offences and then state any mitigating circumstances surrounding your conviction.

Although it may not have an effect on your in indefinite leave to remain application it would mean that you would need to wait 3 years from the date of the fine issued by court to apply for British citizenship.

There is a wide range of non custodial sentences which a court may give to adult offenders, including:

a fine
a probation order or community service order (or a combination of both)
conditional or absolute discharge, if this is appropriate.
community service orders.

Even where a person does not have a non custodial sentence within the last 3 years, a citizenship application may be refused if the person has received multiple out of court disposals because this shows a pattern of behaviour that calls into question their character. This will depend on the individual merits of the case and we will take account of:

the number of disposals received
the period over which they were received
the nature of any individual offence(s)
the nature of the collective offence(s).
whether the person has any other convictions and
the age of the person.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer and 3 other UK Law Specialists are ready to help you
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards