ILR submission with Driving penalty points

[Frank_MK]

Hi

I have seen number of posts in this forum regarding ILR application with driving penalty points. I am not yet clear on this area and concerned will this affect my ILR application.

I am applying for ILR Tier 1 General category and I have a driving penalty LC20 - 3 points and £60 fine given because of using International driving license more than allowed 1 year. The problem I am having is I was asked to submit my provisional license to book points and I could not submit during the period and received a letter from Magistrate court. After this I submitted my provisional license and replied to the court letter accepting my offense and the Court letter said this offense attracted 'Penlaty points' and that is why I got 3 points dated Oct 2009. No where it said I am convicted and spent conviction.

How will I know whether it is spent conviction ? also please clarify is it wise for me to go ahead with application if I declare the above conviction.

[asim72]

Penalty points on the license, or not having points on the license has nothing to do with conviction. You can get points without a conviction, and you may not get points even with the conviction.

You got sentenced in court. Your sentence was fine. Fines attract 5 years rehabilitation period, to be counted from the date of conviction.

[Frank_MK]

Hi Asim72,

Thanks for your reply and I require some help on whether I can apply for ILR or not ?

I called the Magistrate court where I received the fine and they could not confirm my fine attract 5 years rehab period. Can you please confirm me if I do CRB check whether this 5 year unspent conviction will appear ? if it doesn't appear is it good enough for ILR ?

Appreciate your help.

[asim72]

I won't comment any further. Some people have the habit of going around the circles.

[ILR_Queries]

I won't comment any further. Some people have the habit of going around the circles.

Mate,

All he needs is guidance on his case. If it bothers you so much, i think there are other helpful moderators who can guide him out.

This forum has gone strength to strength only because of polite and helpful attitude of moderators and other returning members.

Regards

[asim72]

I am helpful too, and try my best to provide accurate replies. I have clearly stated the position, and told the OP what he needs to know.

But, I do not do PC.

What is the point of asking something which has already been answered?

In what other way do you think members could be helpful? Make a decision on their behalf?

The problem is, some people just won't be satisfied until they hear what they want to hear. Whats the point of getting all the information, and then saying " I need information"? Well, he has the information. He needs to read and understand it.

[mind_blowing]

Hi All

i agree with ILR_Queries. Asim72 should think about his attitude. nobody is forcing you to answer. you did the same with me as well if you remember. you dont have the right to insult anybody. if you are too much annoyed with worries of people, which they share on this platform, then you should keep quiet. it is only the members by dint of this forum is popular. but people like you are muddling such informative platforms.

[asim72]

I am not muddling the forum. Read back what I have posted in reply to the query. I have given correct information.

The people who are muddling this forum are the ones who just want to hear what they want to hear.

[dr_kzot]

Some people dont know I of Immigration but they have got lots of A of attitude.

Every case is unique and different according to person circumstances.

For your pointS do the Scotland Disclosure (Some motoring offences are so minor that they are not added in your file)

In order to find out how long does it take to remove the points call your local DVLA Office and ask them.

I hope this will answer your question

[Frank_MK]

I am surprised by Asim72's response. People like me are not legal experts or immigration gurus we are just prospective candidates looking for advice and guidance on immigration matters. I can understand you are frustrated because questions are repetitive and that is the nature of the forum if not for this reason we can all use UKBA website and not forums mate.

I appreciate you volunteered first to reply to my post.

dr_kzot thanks for your guidance and will do the same.

[saraq]

ILR was granted to my husband yesterday by the grace of GOD.
He had sp50 and failed to pay on time so pleaded guilty by post
here is what happend after that :

1. Went to Ali Bokhari Solicitors and he said only way is DLR, paid him fees n came back upset !
2. googled n found this forum
3. Got info regarding CRB and ACRO, got them and they came clean.
4. Than read guidance notes and booked peo appointment as per 28 days before EC as my husband entered in the UK within 3 months( 1 month and few days exactly)
5. Went to Victoria from Medivisas for final review of the case, paid £100 and what she said was he cant apply as per EC but with Entry date no matters he came within 3 months. That rule is for only people who got 5 yrs visa at once.
6. Than I emailed settlements Uk and here what they replied

Dear Sara,

I can confirm that your understanding of the modernised guidance is correct and provided you can meet all other requirements, you will be eligible to apply for ILR in the 28 days before the 5th anniversary of your HSMP entry clearance start date.

xxx
UK Border Agency – Settlement Ops Policy team

Than I emailed disclosure scotland asking them about court fine that is not appearing in the CRB. Heres what they replied

NOT PROTECTIVELY MARKED

Sara,

If a conviction is considered spent under the Rehabilitation of Offenders Act 1974 then this would not appear on a basic disclosure.

Regards,
xxxx
PVG Customer Service Advisor
Disclosure Scotland
% 0870 609 6006
* pvg.enquiries@scotland.gsi.gov.uk

Went to peo yesterday, CW did not ask about section 7
what we wrote in the section 7

*ticked 7.1
* details given: CRB - No conviction ACRO - PNC Clean SP50 - pleaded guilty to court by post

CW took 20 mins n granted ILR

Finally I would thank everyone who gave right info and shared their stories. BUT I really want some experts to upgrade the knowledge and if they dont have any info dont reply to posts rather than giving wrong info because ppl who come here are worried!
And this is specially for ASIM to pls stop it and get on with his life if he does something. I have noticed he is very rude with ppl and on top doesnt give RIGHT info.

[dr_kzot]

Thanks Sara you are a Start

Can you please elaborate more

What you have write down in Section 7 ?

and did Visa Office Ask any Question about it ?

Thanks again for shearing the information and those who are getting benefit from this thread keep posting thanks so it will stay on top queue so every get the benefit from it

[saraq]

details given in section 7 :

CRB - No conviction
ACRO - PNC Clean
Speeding SP50 - pleaded guilty to court by post
Date

No he only asked abt earning proof and 5 yrs p60

[Frank_MK]

All,

Good news - I got my ILR on 3rd September along with my wife (dependent). I went for Croydon PEO and the experience was more similar to some members posted in the forum.

I declared my traffic offense and no question was asked on that category. I was asked my payslip, company letter, P60, bank statements and Life in the UK results.

I attached absence in the UK split-up explaining my business trip and holiday and no question asked and I have just below 180 days so wouldn't matter to them.

Thanks to everyone who contributed to my success .