Traffic Offence - Will it affect the ILR Application

[Indian2005]

Hello friends,

I received a fixed penalty notice for crossing a redlight for 60 quids and 3 points. My question is that do I mention this while filling my ILR application form under the section for offences and will it have any effects on my ILR.

Please advice.

Many Thanks

[tech]

It all depends on what type of license you have and whether you have already points on your license which will disqualify from driving
Post your details to get some suggestions

[Indian2005]

Hi Tech,

Thanks for a quick reply.

I have a full UK driving licence for last 3 years with all 12 points untouched untill now. Is crossing a red traffic light, a very serious offence?

My worry is that that section 7.1 of the SET(O) form reads :

Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?

Please suggest if I should mention this traffic offence in this section and what effects is it likely to have.

Thanks in advance.

[iyanu]

If there is a provision in the form to mention your driving offence then you can do that but if it is silent on the form, it is not obligatory or compulsory for you to mention it.

Howbeit, this offence does not constitute a ban or long restriction as per not driving again in the UK. I don't think you should really bother about this.

I hope this will help or are there any real scenario experiences?

[tech]

Read through the good character requirement below

http://www.ukba.homeoffice.gov.uk/briti ... character/

You should be fine regradless whether to choose to declare it or not.
Most people declare it and successfully got ILR.

[iyanu]

Having read through the HO article through the link provided by tech, I perceive and suggest that you declare it.

If you choose not to and it created a serious negative consequence, you may regret it. But if you choose to declare it, it does not really matter since they have the information already in the traffic offence database, which means they can always get it if they wanted to anyway. Since they have asked you to declare it on the form, then do so.

My submission though is that this type of traffic offence, I am sure, will NOT DENY you getting ILR whatsoever.

So for me, declaring it in your form is a WIN-WIN situation while if you choose not to, you never can tell what negative effect that may have.

Cheers and best of luck in ur application!

[troyguy21]

Well When I applied for my HSMP/Tier1 Extension, I did not declare any traffic offence (3 points, £60) because it was not a conviction and did not result to court. It was a fixed penalty and HO documentation clearly states this as well, you need not declare it.

It is the same typical questions when it comes to criminal offences, whether applying for LLR (extesion) or ILR.

[Indian2005]

Thanks everyone (Tech, Iyanu, Troyguy21) for letting me and everyone else know about the facts on this matter.

[CSK]

HI

I am in similar situation here.

I recently got a speeding offence notice ..

I did 100 Miles on a 70 Miles road and i am awaiting a court hearing as per the notice..

It looks more likely that i will be disqualified from driving, since i exceeded the max speed for fixed penalty.I am a full UK drivg licence holder..

Now am planning to apply for HSMP extension(switch to tier 1), if i furnish this details in the applciation, will it be a reason for my application to get rejected??

Has anyone had heard of such cases before?

[tech]

You must declare it with full details (court order,judgement). Please be aware HO makes decision based on maximum penatly that can be awarded for the offence rather than you penalty you receive in court.

There are people who got extension without any problems for these issues.

If need to make your application for your extension before your hearing
I would advise to talk to you solicitors who specialise in these cases.

[troyguy21]

"You must give details of all criminal convictions both within or outside the United
Kingdom. These include road traffic offences, but not fixed penalty notices which have not
been given in a court. Fixed penalty notices include parking and speeding offences. Drink
driving offences must be declared."

http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf

[CSK]

@troyguy21, @ tech

Thanks..

Iam still eager to find if anyone had got their extension rejected based on a traffic offence ?

have u come across anyone in this board?

[tech]

It used to be non issue before but Starting from Jan 2008, for PBS/HMSP , ILR and citizenship applications, same rules apply. So depending on your court Judgement , you will able to see whether you qualify for extension or not. As far as I can understand, if you are disqualified without any prejudice (meaning you can apply for provisional license immediately with out need to spend any rehabilatation period), you should be fine.

There are lot of guys got extension/ILR who had fixed penalty notices.
There are guys who didn't declare it got rejections. (their argument was they got extesion before 2008 without declaring them).

You can seach forum but if you find anything before 2008, it is not valid now as rule have changed.
consulting an solicitor would be really good idea to avoid any complications that may arise based on the judgement.

Hope this helps.

[elias]

Check the following statement copied from the naturalisation guidance on page 18, you are free if it is a single conviction:
Criminal record checks will be carried out in all cases. If you have a conviction which is not yet “spentâ€

[CSK]

@elias , @tech

thanks for ur posts..am bit confident abt this..

Cheers

[troyguy21]

removed HO email

[troyguy21]

Removed HO email