touchwood wrote:Hi All
One of my friends is on tier 1 general and going to apply for ILR in July. About two months before he received a letter from DVLA in which he was asked to mention the driver's name driving his car as it was over speeding on a particular date. He mentioned his own name as driver and enclosed a letter with that reply in which he requested the DVLA to put him to a training/course instead of putting 3 points on his licence. After about 45 days he received a letter in which he was asked to appear in court. He appears in court but can not defend himself and gets 3 points on his licence eventually.
Now I am wondering will this decision of court affect his application for ILR, if yes,
how would that affect it? and
Is there ant way out?
Many thanks
From 06-April-2011, applicants will need to be clear of unspent convictions when they apply for settlement.
Statement of changes to the Immigration Rules (HC 863)
Criminality requirement for settlement
FPN and PCN:
Criminality requirement for settlement wrote:
Receiving a fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) do not form part of a person's criminal record as there is no admission of guilt and they therefore do not need to be covered by the 1974 act. They must therefore be disregarded. The exceptions to this are when either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple penalty notices, particularly over a short period of time. In these cases you must consider the case in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules.
Police caution:
Criminality requirement for settlement wrote:
Cautions fall into two categories: "simple cautions" and "conditional cautions". The 1974 act was changed on 19 December 2008 to cover simple cautions, reprimands and warnings (which all become spent immediately) and conditional cautions (which become spent after three months) and they should generally be disregarded for the purposes of this draft guidance. However, if an individual has an unspent conviction as a result of an unspent conditional caution, you must refuse their application.
A person who has multiple cautions, particularly over a short period of time, must be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the rules.
The Rehabilitation of Offenders Act 1974 - Rehabilitation periods
