Will traffic offence affect ILR application

ronnng · Post by **ronnng** » Wed Nov 29, 2006 10:56 pm

hi there,

My boyfrend are planning to apply for ILR in Dec based on 10 years long residency in UK, but unfortunately, he was been fined by the traffic police and been deducted 3 points from his provisional license. Now, as i was reading through the Set O form, it does require to inform any traffic offence, will this affect his application towards ILR?? please advise.

Thanks

meggles · Post by **meggles** » Thu Nov 30, 2006 12:24 pm

disclose this on the ILR form. however, it is a minor offense and will not effect his ILR. (assuming that since this is 3 points- speeding offense?)

lanr3e · Post by **lanr3e** » Thu Nov 30, 2006 1:04 pm

If he was sentenced by a court and ordered to pay the fine then he has to declare the offence on the form otherwise he does not need to.

The nature of the offence will determine how his application is handled...If it's a minor non-Recordable offence like Speeding then the HO will normally over look...but it's for a more serious Recordable offence like Drink driving, Dangerous driving etc then his application may be difficult.

You should note that some non -recordable offences are treated as serious offences by the home office immigration purposes. An example is Driving without Insurance.

If in doubt, consult a Lawyer.

I hope that helps.

doubletrouble · Post by **doubletrouble** » Thu Nov 30, 2006 4:37 pm

If it is non recoradble offence then how will home office will find out if we do not mention it in the application form?

lanr3e · Post by **lanr3e** » Thu Nov 30, 2006 5:34 pm

Non-Recordable offences are not normally added to the Police National Computer (PNC) while all recordable offences are added. But some non-recordable offences may be added to the PNC at the discretion of the Police officer in charge (I am pretty sure most police formations will add an offence such as Driving without Insurance to the PCN anyway). But the absence of the offence (non-Recordable) from PNC does not mean the record will not be on the Local Police database.

Hence the home office can make a search for a record on the PNC and (rarely) on all local police database if they wish.

So if you have been sentenced by a court and you don't declare the offence you run the risk of having problems particularly if it's for an offence the Home Office regards as serious rather than minor.

ronnng · Post by **ronnng** » Fri Dec 01, 2006 8:46 am

help me on this, he was fined and points deducted because he was driving with provisional license without someone with full uk license on his side. so, it this minor offence? he didn't go to court, he only pay the fines and told to show all the necessary documents (insurance, mot, etc which he has everyting) to nearest police station. He has done everything the police said. now just waiting for them to send back his provisional license. how would i know if this is a recordable offence? does it consider minor offence?

Thanks

tekaweni · Post by **tekaweni** » Fri Dec 01, 2006 10:08 am

I'd say declare it anyway. I had one '3-points' offence, I declared it, and it had no bad effect on my application.

If anything, I expect the Home Office would give kudos for honesty about what is really a piffling offence. A nice change for a caseworker who deals daily with lies, deceit and out-and-out fraud.

Post by **John** » Fri Dec 01, 2006 10:18 am

he was fined and points deducted because he was driving with provisional license without someone with full uk license on his side. so, it this minor offence?

Can you be a lot more specific please. What exactly was the offence? Are we talking about speeding, or what?

Also are we "just" talking about a ticket being issued? Or did he actually appear in Court?

ronnng · Post by **ronnng** » Fri Dec 01, 2006 10:30 am

Hi John,

He was stop by the traffic police who was doing random check on the road. the police asked my boyfrend to show license as standard procedure, but he only have provisional license (he booked his theory test next month). so the police on duty give him a ticket, said is going to deduct 3 points from his provisional license and fined £60.00 for not following the rules of provisional license.. and he needs to show all relevant documents to nearest police station eg. insurance, mot etc.. which we have everything in order. He was not drink driving or speeding or accident at all. He didn't go to court coz is not required. He has now paid the fine, showed all the documents to police station. and now jus waiting for them to return his provisional license.

tht's wat happened.

ronnng · Post by **ronnng** » Fri Dec 01, 2006 10:31 am

as to be more specific, to drive with a provisional license, he needs to have someone on the car with him whom has full uk license for 3 years.

Post by **John** » Fri Dec 01, 2006 10:41 am

and he needs to show all relevant documents to nearest police station eg. insurance, mot etc..

Nothing at all to do with the visa issue, but I fear this might get worse. He has yet to produce his documents at the Police Station. They might conclude that he was driving without insurance, given the insurance was probably invalidated by driving on a provisional licence without an accompanying driver.

He has been living here for nearly 10 years. Surely he was aware that he was not allowed to drive unaccompanied on a provisional licence?

The visa issue? Based on Police action to date, hopefully there will be no effect. But a subsequent prosecution for lack of insurance, or worse, lack of production of documents at the Police Station and lack of insurance, might have an effect upon an application for Naturalisation in due course.

ronnng · Post by **ronnng** » Fri Dec 01, 2006 11:12 am

Hi John,

He has produced all the relevant to police station, no question were asked then. and he has called to pay the fined, the lady told him that they will return the provisional license soon.

doubletrouble · Post by **doubletrouble** » Fri Dec 01, 2006 11:13 am

Following offecne if CRB doesnt show any records does it mean the offence was non recordable and we need not inform the employer or the home office?

Post by **John** » Fri Dec 01, 2006 11:23 am

He has produced all the relevant to police station, no question were asked then. and he has called to pay the fined, the lady told him that they will return the provisional license soon.

Sounds like he might have been rather lucky!

But serious point .... he should pull out the motor insurance policy .... is he actually insured to drive as a provisional licence holder .... without an accompanying driver? I suspect the answer to that is no! That is, the mere existence of pieces of paper saying they are a motor insurance policy does not amount to being insured, whatever you do!

lanr3e · Post by **lanr3e** » Fri Dec 01, 2006 11:54 am

ronnng,
Your boyfriend has no problem. He does not even need to declare the offence as he was not convicted by a court and moreover it's a minor offence.

If it was a serious offence, the case would have been taken to court. Only minor non-recordable offences are punishable by a Fixed Penalty Notice.

As long he has produced the requested documents at the Police station, and if he has paid the fine, then He's fine. There will be no record on CRB as it did not get to court.

lanr3e · Post by **lanr3e** » Fri Dec 01, 2006 12:06 pm

You also note that Home Office guidelines define a criminal offence as an offence punishable by a custodial sentence i.e Prison. Drink Driving, Dangerous Driving are punishable by a prison sentence which can only be administered by a court.
Offences such as speeding or driving without licence are punishable by a fine which can be issued by the police. Ignoring the fine issued by the police may lead to a court hearing where the inidividual may be ordered to pay the fine. In this event, a record of the offence will kept in CRB for a maximum of 5 years after which the offence will be regarded as spent.

ronnng · Post by **ronnng** » Fri Dec 01, 2006 12:11 pm

Thanks a lot guys. Just one more silly question. Given the choice, if you going to apply for ILR on 10 years long residency basis, would you choose to apply in Birmingham or London Croydon?

Post by **John** » Fri Dec 01, 2006 1:45 pm

would you choose to apply in Birmingham or London Croydon?

Whichever is nearest! But if the distance is about the same, Birmingham ... a smaller PEO , and dare I say, more civilised!

rooi_ding · Post by **rooi_ding** » Fri Dec 01, 2006 2:23 pm

Birmingham would get my vote.......

indian_in_uk · Post by **indian_in_uk** » Mon Feb 19, 2007 5:49 pm

Hi,

Just read this topic and noticed that similar thing had happened with me, I was driving on my Indian license (years ago) but also had my provisional UK driving license with me. A police officer stopped me and asked me to produce all documents in police station, I produced everything(everything was fine, MOT, Insurance (on International License) and road tax etc.). Later I got a letter from court about the same thing. I went there and they fined me for the same offence and added three points on my provisional license. Aftr that I did not hear anything from them.

I am about to file my ILR application soon, I was wondering can this effect my ILR application by any chance?

Thanks..

indian_in_uk · Post by **indian_in_uk** » Mon Feb 19, 2007 8:24 pm

Hi John, Rooong, could you please reply? the offence code on my license says LC20.

Please reply

Thanks

pokes · Post by **pokes** » Mon Feb 19, 2007 8:42 pm

Please help clarify the situation for me too. I have five points for speeding (offence code sp50) and three for ignoring traffic light (ts10). Should I declare it on the ILR form and will it affect my case? I was fined for £170 for speeding. A court sent me notice for it because they say I did not reply to the penalty notice. However, I did not receive the penalty notice. I paid the fine.

Now following this threat I wonder if my ILR case will be jeopardised.

Please advise. Thanks

indian_in_uk · Post by **indian_in_uk** » Tue Feb 20, 2007 11:06 am

Has anyone applied for ILR/Citizenship with a traffic offence? Please reply and guide.. Does it effect the ILR application?

British · Post by **British** » Tue Feb 20, 2007 12:58 pm

Hi Indian_in_UK,

Something interesting i noted: I just now took a look into various FLR forms and found that you would have had to declare you traffic offence (like speeding, where you had to go to the court to pay the fine), in the FLR forms as well - i.e. whenever you had (in the past) applied for further leave to remain.

So it is not only applicable to ILR or citizenship application. It applies to all leave to remain applications as well.

Have you declared your traffic offence in any of your recent FLR applications?

From reading these FLR forms now, i think you need to declare in those forms as well and not only in ILR or citizenship application forms.

Just so you know.

A generic question now, to all (in the interest of many who may have been affected in this scenario):

Now based on this, i am now wondering what will happen to those who did not declare this in FLR forms during their WP/HSMP stay in the UK (lets say this was a minor traffic offence and was asked to pay £60 fine in court and 3 points on their prov. license) and then they later on realised that it had to be declared in the FLR forms as well (but now its too late), since they had aplied for ILR and were granted the ILR, and later on they had declared this in their British citizenship application form (when they actually came to knwo about the importance of this declaration)???

Would they be stripped off all their status - i.e. Citizenship, ILR and those FLRs, because they did not decleare this in their FLR and ILR applications???

OR

Would the govt. appreciate that, yes, this applicant did declare it in his British citizenship form and so he must have come to know about this need to declare this bit at this time, about the need to declare this and be soft on him and hence not have any impact on his current status or his earlier ILR/FLRs?

fairandsquare · Post by **fairandsquare** » Thu Feb 22, 2007 2:19 pm

Hi,

I was stopped by a police in July 2001 when I was driving without insurance. I attended to the court and was sentenced to have 6 penalty points without fines, as I was a student at that time. The 6 points have been deleted already after 4 years.

I am going to apply my ILR this July, according to what have said before, the record should be 'spent' already. However, did this offence still kept in PNC as a recordable offence? Shall I still disclose this on my ILR form? Any advice is highly appreciated.

Many thanks

Immigrationboards.com: Immigration, work visa and work permit discussion board

Will traffic offence affect ILR application

Will traffic offence affect ILR application