URGENT ILR APPLICATION +DRIVING DISQUALIFICATION FOR 6 MON

[manwithsunshine]

Hi,
I am work permit holder eligible to apply for ILR in 5th of may 2010.
I have 9 points in my licence and paid fine for the court with court fee since i pleaded guilty over the post for three speeding offences which are happened versa 2007, 2008 june, 2008 july. recently i had another offence for which i have to go to court. which is for crossing pedestrian red light. if i plead guilty then i will get another 12 points and my licence will be disqualified.

At this situation i feel these offences will affect my ILR application.

can some one guide me how do I deal with this issue.
I have seen in same website other people who had similiar kind of issues like drunk and drive got their T1 and ILR by declaring it in their ILR application.
can you please more specific
hoping to find reply soon.

[MrNorthStar]

When is your court date?

My suggestion is wait till the outcome of that and see what sentence you get.
Based on that we can work it out.

My advice would be don't risk applying for the ILR until you have actually served your disqualification/ban if you do get any. Atleast leave three months after completion of your sentence and than apply to be on the safe side.

Any questions feel free to ask.

[manwithsunshine]

Hi northstar,

my court date is on 16th october coming friday,
I am thinking of delaying the case,by not pleading guilty
In that way can get my full licence and argue on the basis of exceptional hardship and avoid disqualification or avoid fine atleast to escape form five year spend period as per the 1974 rehabliation act.

let see...

I have seen in forum Mr Oshoo got his ILR AFTER his disqualification +fine
Is that after the disqualification period spent or before?
please let me know

Thanks,

Siva

When is your court date?

My suggestion is wait till the outcome of that and see what sentence you get.
Based on that we can work it out.

My advice would be don't risk applying for the ILR until you have actually served your disqualification/ban if you do get any. Atleast leave three months after completion of your sentence and than apply to be on the safe side.

Any questions feel free to ask.

[MrNorthStar]

Siva,

The way I have understood after my research on this matter is as follows:

Spent conviction definition:
1. Driving Ban - Duration of the ban. (i.e. If one gets 8 months driving ban it will become spent on the 1st day of the 9th month.)
2. Fine - 5 years (i.e. Irrespective of what type of fine it is, it stays on the record for 5 years as unspent eventhough one has cleared their account with the respective organisation. Hence under the Rehab Act 1974 one has to disclose it for atleast 5 years)

And the combination of Ban + Fine makes it compulsory for one to mention it on the form. Reason being the longest unspent offence is taken into consideration; hence in this case the Fine.

My suggestion would be that try escaping the fine at the least. The rest if you can achieve, it would be good for you.

Hope it helps. All the best for the court.

[oshoo15]

Siva,

I actually got my ILR whilst still disqualified.

In terms of rehabilitaion, MrNorthStar's post is very clear.
Am assuming you'll be applying on Set (O), and from the guidance notes, an unspent conviction (ban or fine) is irrelevant to the decision.

You should declare all your court appearances though.

[manwithsunshine]

Hi oshoo15,

You have not mentioned whether u have applied in person or through post?
do i need to go through any lawyer to apply ILR to address the traffic offence issues?

please help me out

Regards,

Siva

Siva,

I actually got my ILR whilst still disqualified.

In terms of rehabilitaion, MrNorthStar's post is very clear.
Am assuming you'll be applying on Set (O), and from the guidance notes, an unspent conviction (ban or fine) is irrelevant to the decision.

You should declare all your court appearances though.

[shru]

Hi,
I am work permit holder eligible to apply for ILR in 5th of may 2010.
I have 9 points in my licence and paid fine for the court with court fee since i pleaded guilty over the post for three speeding offences which are happened versa 2007, 2008 june, 2008 july. recently i had another offence for which i have to go to court. which is for crossing pedestrian red light. if i plead guilty then i will get another 12 points and my licence will be disqualified.

At this situation i feel these offences will affect my ILR application.

can some one guide me how do I deal with this issue.
I have seen in same website other people who had similiar kind of issues like drunk and drive got their T1 and ILR by declaring it in their ILR application.
can you please more specific
hoping to find reply soon.

have you received ILR at that time or not