Road Traffic Offence- ILR Application

[kotha_001]

HI,

I am going to apply for UK ILR in coming december, but recently i was caught up with police as there were 4 members in my car and child was in mother's lap, not in child car seat. And he given 3 points on driving licence and written to court for conviction. Its been two weeks and i have not received any letter from them, and i came to know from one of my friends that i will get letter after few months or sometimes it takes around 6 months time.

And my question is: Will this offence impact on my ILR Application? Will it be recorded on CRB Checks if i dont get letter from Court before my ILR application? If i dont get letter,do i need to mention about it in application form?

Can anyone provide suggestions on how should i proceed now?

Thanks
Sujan

[Amber]

Unlikely unless the conviction is recorded on the PNC. All convictions must be declared as do pending prosecution. However, an application may be placed on hold until the outcome of a prosecution.

[kotha_001]

Thanks amber for your reply.

But what happens if court prosecution result comes as fine and points on Driving licence? Will my ILR get rejected?

In that case, when i can able to apply for ILR?


Thanks
Sujan

[Amber]

Depends whether it's recorded in your criminal record. If it is, 24 months, if not, should be ok.

[kotha_001]

Its bit confusing wether i should apply for ILR before attending to Court ( If i dont get letter ) or should i wait untill court conviction come out ?

I am just wondering did anyone get ILR by already having road offences?

[Amber]

Yes, people have.

[montysingh]

hello sujan

The court conviction letter and the actual conviction might take about 3-6 months and once you are actually convicted there is a very minimal chance of successfull ILR. I had a traffic conviction as well and i knew someone who works in the home office and they specifically mentioned to save the money and apply for extension instead.

but if you dont get the summons by the time you can apply for ILR, then its fine

[kotha_001]

Thanks amber & monty singh for your replies.

But what should i mention about this impending Conviction in ILR application form if i dont get court summons letter before i apply ?

And another question : What is Conviction Date? When it is actually starts? The date i did offence Or date that i get court orders ?

And i always confusing about conviction spent time ? Is it 2 years from conviction date or 5 years ?

Thanks

[montysingh]

hello mate

If you don't get the court summons letter before filling your ILR, i would have just ignored it and ticked no on the form about impending prosecution. But if you get summons before ILR, then i would have ticked yes.

conviction date is the day you get convicted in the court in front of a magistrate uncle.

its 24 months from the conviction date regarding ILR rehabilitation period.

[kotha_001]

Thanks again monty singh for clarifying my doubts..

[kotha_001]

HI Guys,

Update on case.

Today i have received '' Condition Offer of Fixed Penalty'' letter saying that i can pay £100 points as fixed penalty and send my Licence to HMCTS for 3 points without need for court proceedings.. And if i meet their requirements then my liability to be prosecuted will then be discharged.

I am going to accept this condition offer to pay FPN of £100 and send my licence.

My Question is: When i apply for ILR, still do i need to mention about it in application form? What happens if i apply for ILR having 3 points on License ? DO i still need to wait for 2 years? In letter they clearly mention if i accept this offer letter and meet their requirements, then i will be discharged from liability to conviction.

Thanks

[kotha_001]

HI,

Can anyone reply to my questions? Your advice would be great helpful.

Thanks in advance.