Driving Offences - Can i apply for Indefinete leave to remai

[thisisme24]

Hello

I have the below offence codes on my license.

1. Date of Offence - 21.11.2010
Offence Code - SP30
Fine - 60
points - 3

2. Date of Offence - 07.03.2011
Offence Code - SP30
Fine - 60
points - 3

3. Date of Conviction - 06.07.2011
Offence Code - SP50
Date of Offence - 29.01.2011
Fine- 360
points -3


the first 2 are speeding points which resulted in a fixed penalty notice with fine. The last one i had to go to the court for speeding and was fined and given penalty points.

I am due for my ILR this year in September. I am currently on tier 1 general. I can see the below new rule under general grounds for refusal which states -

(1C) where the person is seeking indefinite leave to enter or remain:
they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused

(5A) it is undesirable to permit the person concerned to enter or remain in the United Kingdom because, in the view of the Secretary of State:

(a) their offending has caused serious harm; or

(b) they are a persistent offender who shows a particular disregard for the law;

Please can someone review this and let me know whether i can go for ILR or not. If i am not eligible for ILR then can i go for another Tier 1 extension. I have completed my 3+2 years on Tier 1 general.

Also I have few speeding offences in the year 2006 and 2007. Would i need to declare those as well?

I would really appreciate your help.


Thanks[b][/b]

[Amber]

Hello

I have the below offence codes on my license.

1. Date of Offence - 21.11.2010
Offence Code - SP30
Fine - 60
points - 3

2. Date of Offence - 07.03.2011
Offence Code - SP30
Fine - 60
points - 3

3. Date of Conviction - 06.07.2011
Offence Code - SP50
Date of Offence - 29.01.2011
Fine- 360
points -3


the first 2 are speeding points which resulted in a fixed penalty notice with fine. The last one i had to go to the court for speeding and was fined and given penalty points.

I am due for my ILR this year in September. I am currently on tier 1 general. I can see the below new rule under general grounds for refusal which states -

(1C) where the person is seeking indefinite leave to enter or remain:
they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused

(5A) it is undesirable to permit the person concerned to enter or remain in the United Kingdom because, in the view of the Secretary of State:

(a) their offending has caused serious harm; or

(b) they are a persistent offender who shows a particular disregard for the law;

Please can someone review this and let me know whether i can go for ILR or not. If i am not eligible for ILR then can i go for another Tier 1 extension. I have completed my 3+2 years on Tier 1 general.

Also I have few speeding offences in the year 2006 and 2007. Would i need to declare those as well?

I would really appreciate your help.


Thanks

So far as you admitted guilt when you went to court the Speeding offence should not affect your application, however, you are repeatedly getting caught speeding. Why do you keep doing it? You'll have to declare them but so far as you have no other offences it should not prove disastrous.

[[iD]]

I don't know much about speeding fines but can I just say, Jeez! Stop speeding! Unless of course your target is to kill someone and end up in prison shower with all those boys (:

[thisisme24]

Thanks for your reply.

I was caught everytime with the radar gun and on very silly mistakes. I think it was just my fate.

In the SET O form under criminal convictions 7.2 it states that you do not have to declare FPN's but in 7.3 it is asking for civil judgement and civil penalties. Will i have to declare the FPN's under civil penalties or in section 7.2.

Could you also guide me on how can i get a CRB check report and Disclosure scotland?

thanks