Driving offence after I ILR application

[Jahanbhola07]

Dear fellow members,
I hope you all are well and safe. I need an urgent help on the following matter.
I applied for ILR (set LR) at the beginning of September, I had 3 penalty points on my licence which I have declared on the application.
Recently at the end of October I have recieved a letter from the police stating that I have been charged with two offences.
1. Speeding at 37 miles on 30 miles road in July
2. Fail to give information in relation to identify the driver.
This is the first time I came to know that I was involved with an speeding in July. Consequently I couldn't mention about this on my application.
I have checked my licence it's still showing 3 points which I have already mentioned on my application.
What shall I do now?
Any advice and guidance will be much appreciated.

[Rambo_ILR]

You should notify this immediately now. This may lead to a rejection of ILR as not disclosing convictions.

Didn't you get any letter from police possibly mentioned intention of prosecution?

Your license would not get points until first you accept you were the driver. That's the reason you have charged with second offence as well.

[CULLINAN]

This will not have any effect on your ILR application. However what is the letter received? Is it a Fixed Penalty Notice/NIP? or a Court Summons?

[CULLINAN]

My understanding is that you have received a Notice of Intended Prosecution (NIP). NIP must be served within 14 days of the offence with few exceptions. You said NIP is related to an offence in July. I am assuming you moved address?? Did you move any address?

If you know it was you who committed the offence, it is best to provide the driver details and accept it. You will be sent a FPN then. A FPN alone is not a criminal conviction.

If this leads to court and you are fined, you will have a criminal conviction.

A criminal conviction that is not recorded on your criminal record will have no effect on your ILR. Speeding is a non-recordable offence.

However, if it leads to court and you are fined, it will lead to a criminal conviction. It will not affect your ILR but will have an effect on your Naturalisation.

[Jahanbhola07]

Thanks you both.
I didn't move house. I live in a flat, sometimes our post goes missing. I never received any letter before this Single Justice Procedure. I have already plead guilty of speeding and not guilty on failing to give information. And explained why.
Now my question is do I have to notify home office about this incident now as my application is under process?

[CULLINAN]

A Single Justice Procedure Notice (SJPN) is a process used by most Police Forces to commence Court proceedings for motoring offences. If you plead guilty to this, then you will end up having a criminal conviction. This will not have any effect on your ILR. However, you should wait 3 years before you apply for Naturalisation.

It is always best to state what exactly you have received before leaving us in the limbo to assume.

You said you received a SJPN. What does the letter state? What are the next steps stated on the letter??

[Jahanbhola07]

Thanks Cullinan,
The letter exactly says:
You have been sent this notice because you are charged with traffic offence.
Offence Summary:
1. Speeding in July 2020
2 fail to give driver information
Then it says
what you need to do next: make a guilty or not guilty plea for each charge.
I could have plead guilty for both charge without going to court.
But I was never guilty for the second charge as I never received any NIP before this letter. And I have explained why I plead not guilty on the second charge.
If the magistrate is not happy with my explanation then there will be a trial where I have to go to court and convince the judge. So this is the long story short.
Do you think before I hear anything back from magistrate or receive any penalty points or fine, I should informe home office about it?
As I don't know the outcome of the incident yet.

[CULLINAN]

The ILR application states: “An arrest or charge for which you are currently on, or awaiting trial”

Although you do not have any criminal conviction for now, but it may end up to a trial or criminal conviction.

So, best is to disclose it. As previously said, if convicted, it will not affect your ILR application as speeding is not a recordable offence but it will affect your Naturalisation for 3 years.

[Jahanbhola07]

Thanks Cullinan,
I understand what you are saying. But when I made my application there wasn't anything such this to disclose. So there was nothing that I have hidden from home office.
On top that, I still don't know whether there will be a trial or not and how many penalty point will be issued and there will be any fine as well imposed or not.
Given all these, firstly do you think I have to notify home office as it happened after the application was made?
Secondly, before I let home office know about it, shall I wait to hear from the magistrate first whether I will be sent for trial or they will just charge me for speeding?
Thanks again

[CULLINAN]

Thanks Cullinan,
I understand what you are saying. But when I made my application there wasn't anything such this to disclose. So there was nothing that I have hidden from home office.
On top that, I still don't know whether there will be a trial or not and how many penalty point will be issued and there will be any fine as well imposed or not.
Given all these, firstly do you think I have to notify home office as it happened after the application was made?
Secondly, before I let home office know about it, shall I wait to hear from the magistrate first whether I will be sent for trial or they will just charge me for speeding?
Thanks again

Actually the offence was committed in July. You applied in September. You must have lost the initial NIP that was sent that eventually led to a SJPN.
Now, since you know you have received a SJPN, the ball is in your court if you want to disclose it or not.

[Jahanbhola07]

Thanks you ever so much Cullinan,
What would you do if were me?

[CULLINAN]

Thanks you ever so much Cullinan,
What would you do if were me?

I would not declare it (as there is no criminal conviction for now) and this will not cause ILR refusal anyways. Now this in response to your question solely as what I would do if it was me, but I have also quoted what the ILR form asks. Not everyone is a risk taker.

[CULLINAN]

You should actually argue that you never received the NIP. You should request the case should be dismissed and reverted back to initial NIP. Initial NIP would have resulted in a FPN but SJPN may result in a criminal conviction which will impact your Naturalisation. A FPN alone would not have impacted your Naturalisation either.

Due to corona delays post can be lost very easily, the police has to prove NIP was initially issued and delivered.

[Jahanbhola07]

That was exactly my point. Thanks you very much Cullinan, much appreciated.

[Jahanbhola07]

Dear Cullinan, hope you are well and safe. The decision has been made on my SJPN. The police has withdrawn the second charge (Fail to provide drivers information) and 3 penalty points and £58.00 fine was imposed. The points are showing on my licence now. I therefore would like to notify ukvi about this, how can I notify them? Thanking you in anticipation.

[CULLINAN]

Dear Cullinan, hope you are well and safe. The decision has been made on my SJPN. The police has withdrawn the second charge (Fail to provide drivers information) and 3 penalty points and £58.00 fine was imposed. The points are showing on my licence now. I therefore would like to notify ukvi about this, how can I notify them? Thanking you in anticipation.

How did you receive the new points and fine? By FPN or court?

[Jahanbhola07]

I haven't received any letter yet. It was just showing on my licence today and I rang them, then they confirmed it. I guess probably from the court.

[CULLINAN]

I haven't received any letter yet. It was just showing on my licence today and I rang them, then they confirmed it. I guess probably from the court.

Just declare that. It will not affect your ILR but will affect Naturalisation if it is from court.
I do not know where SET(LR) is processed, you may search on google or the forum.
As long your post reaches (with Case ID) any department, it will be passed on to your CW.

[Jahanbhola07]

Dear Cullinan,
Thanks for your advice, yes I will declare it. But still didn't find any way to notify them. Was wondering if there are any email address or postal address?
I will ring UKVI tomorrow, let's see if they answer.
Thanks

[Jahanbhola07]

Dear Cullinan, I hope you are well and safe.

I rang UKVI today, a lady answered and I told her that I want to notify home office about this penalty points and fine. And she told me that I don't have to notify them about this. She also said if they found out about this incident they will get in touch with me for further clarification if required. She also said they are not going to refuse my application just because of this without getting in touch with me.
What shall I do now?

[CULLINAN]

Dear Cullinan, I hope you are well and safe.

I rang UKVI today, a lady answered and I told her that I want to notify home office about this penalty points and fine. And she told me that I don't have to notify them about this. She also said if they found out about this incident they will get in touch with me for further clarification if required. She also said they are not going to refuse my application just because of this without getting in touch with me.
What shall I do now?

That is fine. It will not affect your application. It is entirely up to you if you want to declare it or not. HO helpline is outsourced and they do not have any knowledge regarding this. You can simply send a letter to HO to any department mentioning your Case ID if you wish. It will reach your CW.

[Jahanbhola07]

Thanks you ever so much Cullinan,
Is there any chance my application will be refused if I don't inform this to HO?
Many thanks

[CULLINAN]

Thanks you ever so much Cullinan,
Is there any chance my application will be refused if I don't inform this to HO?
Many thanks

No. I dont think so.

[handyring]

Hi Buddy,

I am in a similar situation. Have you received your ILR?

I was stopped by Police for tyres with insufficient tread - in Oct 2020, didn't receive any FPN / NIP . In February 2021, received Single justice procedural notice. I had made ILR application before receiving this SJPN.
Can you please share more advice.

Regards,

[CR001]

Hi Buddy,

I am in a similar situation. Have you received your ILR?

I was stopped by Police for tyres with insufficient tread - in Oct 2020, didn't receive any FPN / NIP . In February 2021, received Single justice procedural notice. I had made ILR application before receiving this SJPN.
Can you please share more advice.

Regards,

indefinite-leave-to-remain/lond-residen ... l#p1979099

This the time for me for a good news to be shared.
My ILR (SET LR) got approved today.
Below is the timeline:

Application: 07/09/20
Payment: 07/09/20
Documents uploaded 11/09/20
Biometric: 21/09/20 (in person, Birmingham)
Approval email: 08/01/21 (@12.59pm)

Thanks you all ever so much, this group has been tremendously helpful throughout this painful journey.