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Thanks for confirming your husband's situation - I do hope he get through. I'm in the process of filling out the BC forms now - I might get it in the post sometime next week.skstorm wrote:Yes he got his fine in court along with CU80 and LC20 points and fine we are keeping fingers crossed
Hi Skstorm,skstorm wrote:we applied early this week via NCS as we possibly need the passports depending on how long it takes, so just in the waiting game now
If you get your points and fine from DVLA, it is not a conviction and there is no record in your criminal check sheets.Smam wrote:
Let me ask one thing here what difference does it make if you gets the points through court or you get it from the DVLA.
Hi brother SKymoon and msx2013,skymoon wrote:Dear Smam, i have told you that same happened with me and i paid Fixed Penalty Notice fine and submit my licence to police station for endoresement of points. FPN is not a conviction if you paid and not went to court where if you got fine then it is called conviction. My CRB and other searches are OK, there is no record of FPN. I hope as Skstorm and i have applied for my BC, you should go ahead and apply BC. Good luck
Hiskstorm wrote:Hello, if you loose it is likely that the court will issue the same penalty as the FPN (in my husbands case for use of a mobile phone it was £60 fine and 3 points). It is my understanding that once the fine is issued in Court it has a rehabilitaion period with it. Under new rules UKBA are saying 3 years and it will effect when you can apply. They seem to be extremely strict on driving convictions. If I got a FPN I would just pay it and avoid it going to court. NCS asked my husband if he had more than one FPN in the last 12 months and as we could answer no it was ok. Once you have been to court there is always a record of some kind.
I'm pretty sure if this is wrong someone will correct it for me.
Also note section 3.3.2:From the 1 October 2012, certain immigration and nationality decisions were exempt from s4 of the Rehabilitation of Offenders Act 1974. As a result, the concept of a conviction becoming "spent" no longer applies when making an assessment of good character.
I'm not passing judgement, but you should be aware of the current rules.3.3.2 Caseworkers should not normally disregard any conviction that falls into the following categories irrespective of the severity of the sentence imposed:
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone. (NB Caseworkers should remember that fixed penalty notices do not constitute offences – see paragraph 3.5.2).
I also have recieved a FPN and will get 6 points on my license for driving with out insurance so I dont know where I'll be standing in my case its just so confusing for me.Quote:
3.3.2 Caseworkers should not normally disregard any conviction that falls into the following categories irrespective of the severity of the sentence imposed:
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone. (NB Caseworkers should remember that fixed penalty notices do not constitute offences – see paragraph 3.5.2).
rather than the conviction aspect which would cause you more problems.Caseworkers should remember that fixed penalty notices do not constitute offences
I don't want to dishearten you but that's not the law. There is no such blanket policy. If your policy allows you, then you can drive, if not, then you can't.Smam wrote:I've more chances to win it as I already have the fully comprehensive insurance and the normal insurance law is that if you're fully comprehensive insured you can also drive other vehicles as well.
Unfortunately it isn't quite as simple as that. It depends on whats stated in the "certificate of car insurance" for the policy you have. While many "Fully Comp" policies give the driver "Third Party cover" to drive other vehicles (with owners consent), this is not always the case. Your certificate of car insurance is what you should look at to verify what applies to you in your policy.Smam wrote:the normal insurance law is that if you're fully comprehensive insured you can also drive other vehicles as well.
Genorp, Thank you for choosing to enter into the debate. The very reason I'm here to discuss my case is because of the ambiguity that the new rules seems to be demonstrating. Am I right in thinking that under the old rules, I could have applied for BC after the 'spent' period but under the new rules, it's going to be a caseworkers' gut-feel?genorp wrote:To chime in on the OP's post.....
The new guidance is here:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
ROA is no longer an aspect for immigration based cases. "Spent" is no longer taken into consideration. They have their own criteria in the above document.
I'm not passing judgement, but you should be aware of the current rules.