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Alice H
Alice H, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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I am due to apply for ILR and a fine was imposed on me 3 years

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I am due to apply for ILR and a fine was imposed on me 3 years ago for talking on the phone while driving. This came under the Road Traffic Offences act and there was no points on my license. Will this affect my ILR application?
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Do you have any other convictions?

Did you go to Court for this matter or was it a fixed penalty?
Customer: replied 3 years ago.

I do not have any other convictions and the reason that I went to the court is that I was unaware that it could be dealt out of court by ticking the letter sent to me to plead guilty.


A fine is spent after 5 years.

As only 3 years have passed you have to disclose the conviction to UKBA.

If this was a fixed penalty (without a court appearance) then you would not have to disclose it.

However since a court appearance was involved you must mention it in your application.

The guidance annex from UKBA states:

"...In determining whether an applicant meets the "good character" requirement, caseworkers must take any fine a person has received into account..."

Nonetheless, UKBA caseworkers have a discretion to grant an application if you have no other convictions.

You may wish to attach a letter to the application explaining the reason why the offence came about and showing some remorse for your behaviour.

The alternative is to wait until 5 years have passed and the conviction will become spent.


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