ILR dependent query

[vishali2010]

Hi all,

I am due to apply my ILR this year on 10 Year route. I have no convictions or any cases so far.

This year in January, police caught me on Motorway for driving without headlights on, it was a genuine mistake and I accepted that I forgot to turn on my lights. The officer charged me with not driving with due care and attention, he also charged me with an offence for sticking phone to the windscreen using satnav, he said the position of the phone is obsturcting my view and thats another offence.

Last week I received single justice procedure notice from metropoliton police with these 2 charges and gave me an option to plea guilty or not guily by Post/online/or attend to court. Iam thining of doing it by post or online. I spoke to few traffic offence solicitors and they were surprised that the officer had taken it so serious as he could have given me a warning or a fixed penalty notice.

Now, If I plea guilty and send the post to court, the megistrate would impose points and fine.
I am worried, if this will affect my ILR application. The Notice said its a minor offence and it wont be on national records. But as the court megistrate is deciding on my case, I am worried.
Am I eligible to apply for ILR or is it automatic refusal.

It would be great if some seniors or people who faced similar situation can advice me on this.

Sorry for the lenghty message, but10 year of hardwork, never violated any rule. small mistake, where I forgot to turn on my car lights and now Iam so worried this small mistake will cost me my last 10years of hardwork

Please help. Thank you in advance

[zimba]

Not all court convictions are recordable. Even if your case end up in court, that does NOT necessarily mean you get a recordable offence. ILR is only affected by recordable offences, meaning the ones that appear on your criminal record. A recordable offence is an offence where under the law you could get a prison sentence for committing it (e.g drink driving).

Careless Driving on its own does not seem to be a recordable offence as there is no prison sentence
https://www.sentencingcouncil.org.uk/of ... ised-2017/

[vishali2010]

Thank You Zimba for a quick response.

So, the minor traffic offences even though they are punished by courts and not recorded on criminal records wont affect ILR applications.

What did you feel after reading my incident, can I go ahead with my applicaion

Regards

[zimba]

Thank You Zimba for a quick response.

So, the minor traffic offences even though they are punished by courts and not recorded on criminal records wont affect ILR applications.

What did you feel after reading my incident, can I go ahead with my applicaion

Regards

It should have no effect. Wait for the court verdict and then apply.

[vishali2010]

Thanks alot Zimba. I will go ahead with my application and will update here.

[zimba]

Thanks alot Zimba. I will go ahead with my application and will update here.

Your application can be held until the verdict is known

[vishali2010]

Thanks alot Zimba. I will go ahead with my application and will update here.

Your application can be held until the verdict is known

Dear Zimba,

Thank you for the responses. Really appreciate

My ILR application is due this year in october, but my Single Justice procedure notice should be send by next week. I spoke to some traffic offence solicitors and they suggested not to plea guilty and take it to court as they beleive the offences were harsh on me and I have good chance to reduce severity of the punishment.

Please advice if its ok to take it to court and fight against the minor traffic offences, just worried if I loose in the court will this go against me and affect my ILR or there would be no impact.

I dont want it to affect my ILR application, I can take few extra points on my licence, I can just pleed guilty and not to go to court. But if it wont affect my application then I would really want to challenge the offences. Please advice. Thank you

[zimba]

I suggest to plead guilty and accept the fine and points.

[seagul]

It is really a very harsh treatment perhaps partly due to your bad luck because in our routine life we must have been observing a lot of other motorists who drive with faulty headlight bulbs which even cause more distraction and affect road safety but they never been stopped.

[vishali2010]

Thanks alot Zimba. I will go ahead with my application and will update here.

Yeah, I was thinking exactly the same. I will plea guilty and accept the fine and penalty points. Its bit hard, as I have to accept both the offences, they could have given fixed penalty not endorsable offences which was bit harsh. The soicitors want me to go to court and fight as one of the offences cannot be endorsable( Phone mounted to windscreen), but I dont want any hassle, I rather take few extra points than risking going court and risk my ILR application.

I hope this wont affect my ILR applciation.

Thank you Zimba

[vishali2010]

It is really a very harsh treatment perhaps partly due to your bad luck because in our routine life we must have been observing a lot of other motorists who drive with faulty headlight bulbs which even cause more distraction and affect road safety but they never been stopped.

When the police stopped me, I accepted my mistake straight away. The officer even checked with DVLA if I had any points on my license, when he realised my license is clean, he could have given me a second chance. On top this, he even charged me with other offence for mounting phone to the windscreen which I thought is bit too much. I was driving absolutly fine without any distraction, but he charged me with not having full view

Sometimes things like this happens which is not in our control, but the police should take some dicritionary, especially when the driver got a clearn record. I learned a very harsh lesson and I am even more carefull now while driving.

[vishali2010]

Hi all,

I would apprecaite if any expert can help with couple of queries please

1. I had two motor offences this year. Court sent me fine and 3 points on my Driving licence for
careless driving (forgot to turn on my lights while driving in the night ) and driving vehicle without proper
view(I mounted my phone on windscreen). I was suggested by experts in this forum that not all
motor convictions are recordable offences and suggested to check CRB report. I checked CRB report and
ACRO report and both showed clear. So can I be confident that UKVI will not reject my ILR due to this motor
offence? My record is clean except these two minor motor offences.

2. Currently I am on Tier 2 Visa, my wife and daughter are on Tier 2 dependent visa. I am completing my
10 Years next month and want to apply ILR on long residency route. My wife and daughter Tier 2 dependent
visa is valid till March 2022. They will be completing 5 Years as Tier 2 dependents in Feb 2021, are they
eligible to apply ILR as they will be completing 5 Years as Tier 2 dependent whereas the
main applicant (Myself) apply for ILR next month on 10 Year route

I would really be thankful if the experts here can help me. Thank You!

[CR001]

Topics merged.

My wife and daughter Tier 2 dependent
visa is valid till March 2022. They will be completing 5 Years as Tier 2 dependents in Feb 2021, are they
eligible to apply ILR as they will be completing 5 Years as Tier 2 dependent

They cannot apply for ilr based in 5 years as tier 2 dependents if you get ilr based on 10 years long residence. The rules don't permit this and has been the case since April 2014.

Once you have ilr, they need to switch to FLR m spouse visa and meet the English and £22,400pa financial requirements. Their 5 year ilr clock will be reset to zero and will need 2 X 2.5 year FLR M visas before they can apply for ilr.

Note that IHS fees are increasing in October this year.

[vishali2010]

Thank You CR001.

My wife and kid came to england in 2013 as PBS dependents. If they apply now as ILR dependent, can they apply ILR on long residency in 2023 or will the clock is set to 0 when they change to ILR dependent and they need to wait 5 more years on ILR dependent to be eligible for ILR.

[zimba]

Thank You CR001.

My wife and kid came to england in 2013 as PBS dependents. If they apply now as ILR dependent, can they apply ILR on long residency in 2023 or will the clock is set to 0 when they change to ILR dependent and they need to wait 5 more years on ILR dependent to be eligible for ILR.

Long residence SET(LR) is based on 10 years of continuous lawful residence regardless of the visa types. No restrictions there.

[vishali2010]

Thank you Zimba