Driving points and ILR

rpsarangi · Post by **rpsarangi** » Sun Aug 25, 2013 10:55 pm

Could any body please answer my query , does driving penalty points is calculated as an offence while applying for ILR?
Thanks

Post by **Amber** » Mon Aug 26, 2013 1:40 am

Was this an FPN issued by the police or summons to court? When did you receive the points?

Post by **geriatrix** » Mon Aug 26, 2013 9:24 am

Read New Criminality Threshold

rpsarangi · Post by **rpsarangi** » Mon Aug 26, 2013 10:20 am

I have not received any points .. But one of my friend told me that if you receive any points for any offence then you will have to wait 5 years till you apply for ILR so I was scared and thought to ask the question . I am so scared that I have parked my car and not using it in case I get caught for any driving offence and that might delay the process of ILR .

So the answer to my question is a bit important for me .. Which will device whether to keep taking trains till my ILR or use the car .

Please request you to explain the process .. I read the thread but not knowing the technical terms I posted the query ..

Thanks you

Post by **Amber** » Mon Aug 26, 2013 10:32 am

Well it's not 5 years as the 1974 Act is no longer applicable. A conviction may be a bar for 24 months. However, a simple FPN shouldn't be any issue and I think you are going to drive yourself crazy going on like this. If you drive within the law then you should have nothing to worry about.

rpsarangi · Post by **rpsarangi** » Mon Aug 26, 2013 12:17 pm

Thank you very much for the reply .

To my understanding so in case somebody gets points from police or court . Then he have to wait for 2 Years since then to apply for ILR. Is it right understanding ?

Thank you again .. Yes I am always law abiding while driving .. But wanted to know the exact process ..

Thank you

Post by **Amber** » Mon Aug 26, 2013 12:18 pm

No, an FPN issued by the police would not be a bar because it's not a conviction. However, even when you are convicted at court for motoring offences it seems to be a general consensus at the moment that you will not be refused ILR even when the conviction occurred in the preceding 24 months which defies 322(1C)(iv) but happens.

rpsarangi · Post by **rpsarangi** » Mon Aug 26, 2013 12:34 pm

Thank you very much for the reply ..
Thanks

moviesmastimagic · Post by **moviesmastimagic** » Wed Aug 28, 2013 4:23 pm

My friend had few speeding tickets, even had to take special course to avoid points - but still he faced no issue for ILR.
Not suggesting that you start speeding through all cameras and so on .. YMMV

Post by **Amber** » Wed Aug 28, 2013 5:09 pm

Well s(he) wouldn't, as it's not a conviction or applicable out of court disposal. Though, FPNs could affect a citizenship application.

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Driving points and ILR

Driving points and ILR