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Driving without insurance and ilr

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

kingnew
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Post by kingnew » Sun Sep 12, 2010 12:00 pm

nineteen wrote:Hi I have been fined of 500 and 6 points in speeding. This has been ordered by court. However its been convicted 7 years back.

Should I still declare in set(O)?

Some one said, after 5 years they are not valid and my current licence is clean. DVLA said no endorsements on my license.

thanks
Police man said after 4 years, the licence will be clean, but I dont know if the record will be cleaned as well.

mihird
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Posts: 17
Joined: Tue Aug 17, 2010 4:32 pm

Post by mihird » Mon Sep 13, 2010 4:58 pm

Hi,

has anyone applied for ILR in the recent past with this kind of a conviction, if yes can you please share the feedback ..?

koshur
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Posts: 15
Joined: Wed Sep 22, 2010 9:35 pm

Post by koshur » Mon Sep 27, 2010 6:56 pm

Hi Guys

I got a fine for no insurance but did not have a license either at that time, will that be of any concern, this was a few years ago?

Thank you

Koshur

avjones
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Location: London
United Kingdom

Post by avjones » Sat Oct 09, 2010 11:11 pm

The point at which points on your licence no longer count against you (3 years) and point at which you can have them deleted from your licence (4 years) is not the same as "spent" under the Rehabilitation of Offenders Act.

Under that Act, if you were fined, the conviction is spent 5 years after the day of sentence.

If you don't declare it, and it's not spent, you'll be refused under the deception grounds.

So declare it. Always.

Incidental to the immigration position, driving without a licence or insurance is a half-witted and selfish thing to do.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

nineteen
Junior Member
Posts: 63
Joined: Sat Jul 31, 2010 10:01 pm

convicted by court in 2003 - should I declare?

Post by nineteen » Sun Oct 10, 2010 2:51 pm

HI I have been fined 500 by court in 2003 for speeding. I went to India before I got court order.
A warrant has been issued, however I went to police station to confirm this, they said to goto court,

I have paid the amount in court and they said warrant has been removed.

Now I got full and clear driving licence.

As this is been now 7 years, do I need to mention in SET O.

thanks for help and advise.

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Sun Oct 10, 2010 11:25 pm

Thin ice looks to be discourging for nothing or to force the applicant to go and see lawyer,he can get easily ILR even he go to courts as long as he mentioned on application,nothing special in it,100% result as long as you mention.
Go ahead and mention it.No worry at all.

koshur
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Joined: Wed Sep 22, 2010 9:35 pm

Post by koshur » Mon Oct 11, 2010 9:26 pm

@avjones

Thank you very much.

koshur
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Joined: Wed Sep 22, 2010 9:35 pm

Post by koshur » Mon Oct 11, 2010 9:31 pm

@avjones

Your post seems to imply what will/may happen if you had a license at the time of the offence.

The form asks for criminal convictions, I thought a traffic offence was not exactly an criminal offence?

Thank you

Koshur

avjones
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Location: London
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Post by avjones » Mon Oct 11, 2010 10:21 pm

Driving without insurance, drink driving, driving otherwise than in accordance with a licence - these are all CRIMINAL matters. So they must be declared.

If in any doubt at all, declare it.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Tue Oct 12, 2010 1:53 pm

None of above mentioned are criminal offences,these are traffic offences,just declare and u get ILR easily,I don't know how they called them criminal offences,don't give wrong advice if u can't give correct advice.
In guideliness its written,drink driving and without insurance are not minor offences but are traffic offences,don't add on ur own things to discourage that applicant,he can get ILR easily just mentioned it on form as its written also mentioned traffic offences,its traffic not criminal.
Enjoy ILR.

nineteen
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Post by nineteen » Tue Oct 12, 2010 2:16 pm

Hi Thanks every one for reply,
I have checked at home, seems I lost the letter received from court regarding conviction.

What is best way to get the details,
to whom I should contact, so that I can enter them on application.

thanks

nineteen
Junior Member
Posts: 63
Joined: Sat Jul 31, 2010 10:01 pm

Post by nineteen » Tue Oct 12, 2010 4:36 pm

Hi what is this act

Rehabilitation of Offenders Act 1974?

What does this imply to court order for traffic offences?

thanks

koshur
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Post by koshur » Tue Oct 12, 2010 8:02 pm

Thank you to both of you.

avjones
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Location: London
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Post by avjones » Wed Oct 13, 2010 1:10 am

ssoct98@hotmail.com wrote:None of above mentioned are criminal offences,these are traffic offences,just declare and u get ILR easily,I don't know how they called them criminal offences,don't give wrong advice if u can't give correct advice.
In guideliness its written,drink driving and without insurance are not minor offences but are traffic offences,don't add on ur own things to discourage that applicant,he can get ILR easily just mentioned it on form as its written also mentioned traffic offences,its traffic not criminal.
Enjoy ILR.
they are not "traffic offences". They are criminal offences. They should be declared, but won't necessarily affect ILR.

Failing to declare them will get you into a whole lot of no-ILR trouble.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Wed Oct 13, 2010 11:56 am

Agreed with avjones, these are not "just" traffic offences.. and needs to be disclosed in the application.

ssoct98@hotmail.com - if you think otherwise please share the source of your information.

After 5 years most of these offences ate "spent" dependent on the type of offence. Please google "Rehabilitation of Offenders Act 1974" for more information.

For any such offences in UK the information is availabe on your DL counterpart. or you can contact DVLA. Tha information that needs to be declared is the code of the offence, Date, court details and fine if any. I did provide the details but never supplied any supporting document.

Please remember these things are very important now since October 2008 and i was at the risk of rejection (did not declare at the time of extention), thanks to these forums i came to know and sent additional information about my offence before decision was made after talking to UKBA.

For my ILR even though my conviction was "spent" i declared on the form and my application was successful.
avjones wrote:
ssoct98@hotmail.com wrote:None of above mentioned are criminal offences,these are traffic offences,just declare and u get ILR easily,I don't know how they called them criminal offences,don't give wrong advice if u can't give correct advice.
In guideliness its written,drink driving and without insurance are not minor offences but are traffic offences,don't add on ur own things to discourage that applicant,he can get ILR easily just mentioned it on form as its written also mentioned traffic offences,its traffic not criminal.
Enjoy ILR.
they are not "traffic offences". They are criminal offences. They should be declared, but won't necessarily affect ILR.

Failing to declare them will get you into a whole lot of no-ILR trouble.

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Wed Oct 13, 2010 11:37 pm

Ist read than comment,i have also mentioned clearly that declare on application but it will not affect application as long as declared,i believe your reading is weak see my post what i have written,but again these are not criminal offences thats why in application its written as traffic offences,dont discourage him for nothing.But no way they affect application outcome if its declared,i knew its important to declare but these are minor offences,go and read in citizenship Matin named Applicant even get British passport with this offence of no insurance and you creating doubt for nothing about ILR.
Be positive and advice positive.

avjones
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Location: London
United Kingdom

Post by avjones » Thu Oct 14, 2010 12:24 am

ssoct98@hotmail.com wrote:but again these are not criminal offences thats why in application its written as traffic offences,dont discourage him for nothing.But no way they affect application outcome if its declared,i knew its important to declare but these are minor offences
I'm not creating doubt about ILR. They are not serious criminal offences. But they are CRIMINAL OFFENCES. End of.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Post by nksg » Thu Oct 14, 2010 12:53 pm

Can i please request not to confuse others.....
and
Lets not fall in the debate.. But these are convictions (criminal or traffic) are required to be disclosed on the application (extention or ILR). If not declared, you application will be refused under deceprion.

For the marked below (in bold), the information is not right. One can only apply for the british passport once the conviction (criminal or traffic) is spent.

BTW a conviction is " if once some one is convicted (ban/fine/points) by court for any offence (criminal or traffic) "

If you have not been to the court then it is not conviction.

No offerce please but dont make any personal comments...
ssoct98@hotmail.com wrote:Ist read than comment,i have also mentioned clearly that declare on application but it will not affect application as long as declared,i believe your reading is weak see my post what i have written,but again these are not criminal offences thats why in application its written as traffic offences,dont discourage him for nothing.But no way they affect application outcome if its declared,i knew its important to declare but these are minor offences,go and read in citizenship Matin named Applicant even get British passport with this offence of no insurance and you creating doubt for nothing about ILR.
Be positive and advice positive.

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Thu Oct 14, 2010 1:52 pm

That's all I want to tell,ILR will not be affected,nothing personal,we all here for positive discussions.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Thu Oct 14, 2010 2:00 pm

ssoct98@hotmail.com wrote:,but again these are not criminal offences
But claiming something that is not true is also not appropriate!
e.g. -
What is Uninsured Driving? wrote:3.2 Driving a vehicle without third party liability cover is a criminal offence, albeit one where an offender can only be dealt with summarily in Magistrates' Courts. Failure to insure could be accidental or intentional.
.....
3.3 Even if accidental, driving without insurance is a criminal offence.

regards

ssoct98@hotmail.com
- thin ice -
Posts: 441
Joined: Sat Jun 02, 2007 6:42 pm

Post by ssoct98@hotmail.com » Fri Oct 15, 2010 11:57 am

Dear again i insist not criminal as you just highlighted half line,if any accident happened than its criminal,read fully the page you mentioned here,but dont want the cup of a winner in discussion,its not affect ILR at all(If mentioned),we are here for immigration not for justice.
Criminal proceedings are those which came in CRB. Anyhow leave it and move forward.

nineteen
Junior Member
Posts: 63
Joined: Sat Jul 31, 2010 10:01 pm

Post by nineteen » Tue Oct 19, 2010 3:13 pm

Hi thanks for replies, I have contacted court and they give me traffic offence code SP30 and the case is closed for them.

http://www.licencecheck.co.uk/offense_codes.php

Do I need to tick Question 7.2 or just give details for question 7.1?

thanks

leoo
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Posts: 18
Joined: Sat Feb 06, 2010 10:30 am

Post by leoo » Tue Oct 19, 2010 5:26 pm

Hi there all

I've got the same issue I’m about to send FLR(M)
Back in 2006-7 I’ve been stopped for driving with ought insurance and tax on car
Car was taken and I was not issued any fine on spot
time gone past I’ve changed multiple living addresses and after about 2 years from incident I received letter that I had to pay £525 fine which originally was around 300 (Don’t remember exact figure) because I was late on payment finally I had to pay £525 and i did
Strange thing is after the incident I’ve extended my student vsa multiple times with ought mentioning this and was always successful
Don't know what to do now

mihird
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Posts: 17
Joined: Tue Aug 17, 2010 4:32 pm

Post by mihird » Tue Jan 11, 2011 11:57 am

Hello All,

I got my ILR without any problem. I had of course submitted all paperwork, trying to convince them it was not intentional and it was partly the fault of the Insurance co as well.

Thanks for all the members for advices and suggestions.

York123
Junior Member
Posts: 67
Joined: Tue Jan 11, 2011 9:31 am

Post by York123 » Tue Jan 11, 2011 1:29 pm

Hi,
Congrats mihind!!
Did u apply through Post or did you go through direct appointment???
Did they ask any questions regarding the points on driving licence??

Locked