3 points on license from court and ILR

[sehrish87]

Hi,

I am planning to apply for my ILR through T1(General) route soon. My husband also qualifies as my dependent for ILR. The problem is that he was issued 3 points on his license for speeding from a court around 3 years ago. Could this create a problem in the ILR application ? what's the policy on this if somebody could provide a link to the policy please ?

Also, does he need to declare it ? as the form only asks to declare traffic offences e.g. drink driving etc and his points were for speeding though they were issued by the court.

Any help will be highly appreciated.

Thanks,

[sunymalik]

it wouldn't be any impact on your application but if your husband wont declare he might get refuse.

I had a refusal on same issue even though my points were removed and I have already disclosed in previous applications but still they refused my application by not declaring it.

so your husband must disclose this points in his application and it will have no impact on decision. but if he not declare and HO find out then definately refusal will be the result with 322 deception.


Hope u understand.

Thanks

[sehrish87]

Thanks for your help.

As I said in my previous post that my husband had 3 points issued by the court for speeding. I understand that I need to declare it but I am not sure where should I declare it? There are two questions in the form and I am not sure which one of them applies to my husband

“You must give details of all criminal convictions, including spent convictions. This includes convictions for road traffic offences, including drink-driving offences, but not fixed penalty notices (such as speeding or parking tickets). “

I don’t think above option applies because my 3 points issued by court is not really classed as a criminal conviction, does it?

“Give details for each UK court judgment or civil penalty under UK Immigration Acts, starting with the most recent one. If you or any dependants applying with you have received more than two court judgments and/or civil penalties under the UK Immigration Acts, please photocopy these pages, complete the details, and enclose them with this form.”

Does the above apply? In this option they are only asking for date and the location so we can’t even explain that it was just for speeding.

Should I tick no for these options and provide the details in a cover letter? Please reply ASAP. Thanks

[Wanderer]

Thanks for your help.

As I said in my previous post that my husband had 3 points issued by the court for speeding. I understand that I need to declare it but I am not sure where should I declare it? There are two questions in the form and I am not sure which one of them applies to my husband

“You must give details of all criminal convictions, including spent convictions. This includes convictions for road traffic offences, including drink-driving offences, but not fixed penalty notices (such as speeding or parking tickets). “

I don’t think above option applies because my 3 points issued by court is not really classed as a criminal conviction, does it?

“Give details for each UK court judgment or civil penalty under UK Immigration Acts, starting with the most recent one. If you or any dependants applying with you have received more than two court judgments and/or civil penalties under the UK Immigration Acts, please photocopy these pages, complete the details, and enclose them with this form.”

Does the above apply? In this option they are only asking for date and the location so we can’t even explain that it was just for speeding.

Should I tick no for these options and provide the details in a cover letter? Please reply ASAP. Thanks

If it went to court you must declare it as it is a criminal conviction.

[sehrish87]

Thanks for your help.

As I said in my previous post that my husband had 3 points issued by the court for speeding. I understand that I need to declare it but I am not sure where should I declare it? There are two questions in the form and I am not sure which one of them applies to my husband

“You must give details of all criminal convictions, including spent convictions. This includes convictions for road traffic offences, including drink-driving offences, but not fixed penalty notices (such as speeding or parking tickets). “

I don’t think above option applies because my 3 points issued by court is not really classed as a criminal conviction, does it?

“Give details for each UK court judgment or civil penalty under UK Immigration Acts, starting with the most recent one. If you or any dependants applying with you have received more than two court judgments and/or civil penalties under the UK Immigration Acts, please photocopy these pages, complete the details, and enclose them with this form.”

Does the above apply? In this option they are only asking for date and the location so we can’t even explain that it was just for speeding.

Should I tick no for these options and provide the details in a cover letter? Please reply ASAP. Thanks

If it went to court you must declare it as it is a criminal conviction.

Thanks Wanderer, I already understand that I need to declare this as reflected from my previous post. But is it really a criminal conviction that needs to be mentioned in the questions they are asking in the form (please read the text of questions above) ? What I need to know is whether I should mention it under Q1 or Q2 (as mentioned in previous question) or should i tick no to both but declare it in a cover letter ?

[sehrish87]

Could anyone please explain exactly where do I need to mention 3 points on license from court for speeding for my dependent ? Is it the answer of Q1 or Q2 as explained in my previous post ? or should I tick No to both questions and explain this in a separate covering letter ? The questions regarding criminal conviction dont allow you to explain what it is for and I am not sure whether I should answer yer or no to those two questions ?

I have a PEO appointment in a few of days so any help will be highly appreciated.