Speeding offence - ILR

[Tap_aviator]

Hi,

I am looking for some advice.

I was caught speeding at 94 mph on a 60 mph limit.
I have received SJPN today saying they won’t give me FPN and the case will go to court.

I am planning to plead guilty - it is the truth.

I understand that if I have non custodial conviction, I can’t apply for ILR within 24 months because it will lead to mandatory refusal.

Unfortunately for me, my tier 2 extension visa will expire in 21 months. I can’t extend it any further, nor can I apply for ILR before 24 months.

What are my options here?

Alternatively, do you think it is worth contacting a criminal lawyer specialist in motoring offence ?

Will appreciate any advice that you can provide.

Thanks in advance

[CULLINAN]

Just something that came to my mind:

You can apply for ILR on the last day of your Tier 2 expiry. You get 45 working days that is around 2 months to attend the biometrics appointment and only then the processing starts. You can provide biometrics on the last day of the specified date with standard service and then hope that your application is ONLY considered on the date you actually qualify for ILR. If you do, the CW has to consider the date of decision.

I am not sure if this will work but just wanted to share my suggestion/a possibility.

Do you have any dependents?
Do you have any Uk born child?

When do you qualify for 10 years ILR??

[CULLINAN]

Seems like this will have no effect on your ILR.

indefinite-leave-to-remain/successful-i ... 57606.html

Read Zimba’s comment.

[Tap_aviator]

Appreciate your feedback mate.

I read a lot about this online, and i am getting so many mixed signals - i don't know what to believe any more.

According to general grounds of refusal, someone who was convicted of, or admitted an offence for which they received a non-custodial sentence, which i will do in this case, will result in mandatory refusal.

I read the comment regarding criminal record by Zimba, however, general grounds of refusal does also mention about non-custodial sentence in a separate bullet point.

I know there have been extensive discussions on this forums regarding interpretation of general grounds of refusal. However, i have also read that any motoring offence that go to court and you are guilty, will mean you receive a non-custodial sentence and will always result in mandatory refusal.


Furthermore, different solicitor websites provide different opinions - any conviction from the court will go to your criminal record, while some say only serious offences like drink driving will. Speeding almost never goes to criminal record.

You can see where my confusion is coming from. I don't think there is any concrete evidence on this.

At this point, i am not even sure what kind of penalty i will receive, as i was clocked at 94 mph on 60 mph limit - which is a class C speeding offence.

I do like your initial thought about doing everything at last moment, but it took Thames valley police 4 months to review my case and send me the notice regarding court case, which blew my chances of using this strategy. ( initial NIP only took 1 week)

Do you think it is worth consulting a Motoring offence solicitor or immigration laywer, or maybe both ? they make big claims but i doubt they will be able to do a lot in this situation.

Thanks
Tapan

[zimba]

Your confusion comes from the fact that you do not know the immigration rules properly.
As per immigration rules part 9 : grounds for refusal, under paragraph 322(1C)(iv), it is VERY clear that only a recordable non-custodial offence will affect ILR, that means if it is recorded on your criminal record

Speeding is NOT a recordable offence, it is NOT recorded on your criminal record and so, it has NO EFFECT on your ILR

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1C) where the person is seeking indefinite leave to enter or remain:

(i) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

[Tap_aviator]

Thanks Zimba, appreciate your comments.

Is speeding non recordable criminal offence under all circumstances?

I ask becuase I was caught speeding at 94 mph over 60 mph, which is class C and is eligible for disqualification.

Thanks a lot

[zimba]

No. Speeding is not a recordable offence on its own.
Request a basic DBS check: https://www.gov.uk/request-copy-criminal-record

[Tap_aviator]

Thanks Zimba.

I was told by a reputed solicitor that DBS checks are used by employers – offences are sometimes hidden on DBS checks because older offences can sometimes be considered to be “spent” under the Rehabilitation of Offenders Act. UK Visas & Immigration does not do a DBS check – they go directly to the source and check the Police National Computer records. for the purposes of immigration and nationality applications, an offence will never be considered “spent” so will always show on UK Visas & Immigration checks.

[zimba]

He is correct. Basic DBS shows only unspent convictions. However I now repeated several times that speeding is NOT a recordable offence

[Tap_aviator]

thanks a lot Zimba. Appreciate your feedback and patience while I try to understand more about the rules.

please are you able to provide a reference to regulations where it states that speeding is not a recordable offense ?


you asked me to get Basic DBS check but the the solicitor mentioned that Immigration go directly to the source and check the Police National Computer(PNC) records and according to him, even though speeding might not show up on DBS check, it will be on PNC.

If I can have a official confirmation that makes it clear that any non custodial court conviction for speeding will not be on PNC, I can challenge his information.

thanks

[zimba]

Correct.

https://hub.unlock.org.uk/knowledgebase ... ffences-2/