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Thomas
Thomas, Lawyer
Category: UK Traffic Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am due to apply for an ILR and was concerned about my driving

Customer Question

I am due to apply for an ILR and was concerned about my driving offences. I have three speeding tickets and all three had to be decided in court due to different reasons.

1.
Offence Date: 03-Mar-2007 / Summons Date: 13-Jul-2007
Drove motor vehicle at speed exceeding 30 mph. Penalty – 3 points/ £60.00
*Had to go to court as it was my first year in the UK and was driving on an Indian Drivers License
2.
Offence Date: 09-Apr-2007 / Summons Date: 01-Aug-2007
Drove motor vehicle at speed exceeding 40 mph. Penalty – 3 points/ £60.00
*Had to go to court as it was my first year in the UK and was driving on an Indian Drivers License
3.
Offence Date: 24-Aug-2008 / Summons Date: 14-Oct-2008
Drove motor vehicle at speed exceeding 70 mph motorway limit. Penalty – 4 points/ £458.00
*Had to go to court as I was moving home from London to Derby and did not have my counterpart license at hand to pay the fixed penalty order in time. I however reported at the designated police station who gave me a copy of a report stating the above situation.

Could you please clarify if I should go ahead and apply for my ILR or wait until Nov 2013 when the last one becomes spent.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. The first two were FPNS, where as the third you were convicted in Court, correct?
Kind regards.
Tom
Customer: replied 2 years ago.

Tom,

 

All three were awarded in court, in spite of them being fixed penalty notices, due to reasons I mentioned. The only difference I see in the third one is that the amount of fine was much bigger. I received summons for the third one just like I received for the first two.

 

Am I allowed to attach documents here? Will this be open to public?

 

Thanks

Ganesh

Expert:  Thomas replied 2 years ago.
Hi Ganesh,


Thanks for your reply.

No it’s fine. I have what I need to answer your question.

The UKBA are permitted to take the criteria of good character in to account when considering whether an application should be granted ILR. In respect of convictions this now means that you must have no unspent convictions. Normal FPNS do not count for these purposes but traffic offences that proceed to Court do count as convictions and must therefore be spent I regret to say.:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/
See “Your Criminal Record” on the above link.

You should therefore seek to secure your leave to remain here in the UK until such times as the most recent convictions becomes spent. They are getting stricter and stricter only enforcing this unfortunately.

Sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.
I subsequently applied for a basic disclosure on DisclosureScotland and also to ACRO for a check on the PNC. I have received no convictions from both agencies. Does this not have any bearing?
Expert:  Thomas replied 2 years ago.
Not really.

You would be asked to disclose offences in the application form for ILR. These would include those penalties that proceeded to Court. If you did not disclose and the UKBA found out then you would be taken to be deceiving. This would give you even greater problems.

Your disclosure would then result (unless there was an oversight) in the UKBA working out that the offences are not spent and then refusing on that basis I'm afraid.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.

No my question was not about 'not disclosing to UKBA'

 

I will definitely declare them on my application form. My query was when these agencies (DisclosureScotland, ACRO) have given me a clean report (no convictions to be spent) - could UKBA still refuse my application?

Expert:  Thomas replied 2 years ago.
I appreciate that you did not directly ask about disclosing, but once you have declared them they will ask whether they proceeded to court. You will have to say that they did and then the UKBA would (rightly) conclude that they are technically unspent convictions (as oppposed to FPNs that did not proceed to court.

That the agency has not picked up on the offences is not really relevant since it's not a question of whether or not the UKBA will find out about them because they will when you declare them as such.

Thanks for your accept.

Kind regards,

Tom
Customer: replied 2 years ago.

Thank you. Appreciate the help

 

Regards

Ganesh

Expert:  Thomas replied 2 years ago.
No problem.

Feel free to request me for any future questions you have by using my profile or by marking your question "FAO Tom".

Good luck. Avoid the FPNs!

Kind regards,

Tom

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