3 points on license

[nasiaziz]

hi all
this is a question on behalf of a friend!

hes on teir 1 entrepreneur for last 5 years and is due for
ilr next month !
question is he recently got 3 points on license from court and some fine aswell for over speeding,, 40 allowed and he was driving 48miles an hour,
can he apply for ilr with all this , a lawyer told him he wont get ilr because of this offence,
please any seniors answer this will appreciate
thanks

[zimba]

Speeding fine has no effect on his ILR.

[CULLINAN]

Speeding fine has no effect on his ILR.

even it the matter was taken to court?

[zimba]

Yes. That is because being fined by the court for speeding is a criminal conviction but it does NOT lead to a criminal record. In order for a conviction to also lead to a criminal record it must be a recordable offence and speeding is not on its own. Motoring offences that qualify as recordable include dangerous driving, drink driving, drug driving, failing to provide a blood, urine or breath specimen, and failing to stop and report an accident.

ILR will only be affected by recordable offences. Speeding convictions from the court must be declared on your ILR application but will not affect your ILR. It is important to note that unlike ILR, for British citizenship and under the Good Character requirement, ALL your convictions will be considered.

[CULLINAN]

Yes. That is because being fined by the court for speeding is a criminal conviction but it does NOT lead to a criminal record. In order for a conviction to also lead to a criminal record it must be a recordable offence and speeding is not on its own. Motoring offences that qualify as recordable include dangerous driving, drink driving, drug driving, failing to provide a blood, urine or breath specimen, and failing to stop and report an accident.

ILR will only be affected by recordable offences. Speeding convictions from the court must be declared on your ILR application but will not affect your ILR. It is important to note that unlike ILR, for British citizenship and under the Good Character requirement, ALL your convictions will be considered.

Thanks for the clarification.