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ILR - Driving contrary to Licence

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

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1273
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Posts: 60
Joined: Sat Jul 11, 2009 3:00 pm
Location: LONDON

ILR - Driving contrary to Licence

Post by 1273 » Mon May 31, 2010 7:50 pm

I have been issued with court papers re: driving without a driver with full driving licence whilst having a provisional driving licence.

I pleaded guilty by paper and sent back the forms to the court. The court papers stated if I plea guilty I could be charged 85 pounds for legal fees and 3 points taken from my licence.

I am due to apply for ILR in the next two (2) weeks.

Could the outcome of this offence affect my application for ILR?
WOW

senthil78
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Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Re: ILR - Driving contrary to Licence

Post by senthil78 » Mon May 31, 2010 8:49 pm

1273 wrote:I have been issued with court papers re: driving without a driver with full driving licence whilst having a provisional driving licence.

I pleaded guilty by paper and sent back the forms to the court. The court papers stated if I plea guilty I could be charged 85 pounds for legal fees and 3 points taken from my licence.

I am due to apply for ILR in the next two (2) weeks.

Could the outcome of this offence affect my application for ILR?
No, it shouldn't affect your ILR. Just check, some x amount should be fine out of 85 pounds. If it is fine, It may affect your citizenship application when you apply.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon May 31, 2010 9:54 pm

1273, is that the only think you were charged with? Or also, driving without insurance?
John

senthil78
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Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Post by senthil78 » Mon May 31, 2010 10:10 pm

John wrote:1273, is that the only think you were charged with? Or also, driving without insurance?
Even if he is charged for driving without insurance, it doesn't matter for ILR.

1273
Junior Member
Posts: 60
Joined: Sat Jul 11, 2009 3:00 pm
Location: LONDON

ILR - Driving contrary to Licence

Post by 1273 » Mon May 31, 2010 11:15 pm

The charge on the court documents states: Section 87(1) of the Road Traffic Act 1988,It is an offence to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him drive a motor vehicle of that class. (This offence carries penalty points).

It further states: If you plead guilty the prosecution will apply to the court for an order that you pay a contribution of 85.00 towards costs.
.

There is no mention of any other charges.

Can you explain effect on ILR and Citizenship?

Thanks
WOW

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Jun 01, 2010 7:26 am

I think you have been rather lucky, given that if you are driving without an adequate driving licence, your insurance is automatically invalidated while you are driving like that. A read of the "small print" in your insurance policy will confirm that.

Based upon that sole conviction, I would not expect any adverse effect upon you getting ILR, and as regards Naturalisation, I would expect UKBA to exercise its discretion in your favour.
John

1273
Junior Member
Posts: 60
Joined: Sat Jul 11, 2009 3:00 pm
Location: LONDON

Got ILR with driving conviction LC20

Post by 1273 » Sat Aug 21, 2010 7:44 pm

Got ILR with conviction driving contrary to Licence fined £150/ 3 points.

Declared it on application, caseworker didn't ask about it, I didn't mention it.
I didn't have 5 years P60 , only had 4. Was asked about that. No questions about my conviction..

Best of luck to those who have traffic convictions and are applying for ILR.

My next hurdle is Naturalisation. Not sure how that will work with my traffic conviction.
WOW

mihird
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Post by mihird » Wed Aug 25, 2010 1:33 pm

Does anyone has experience/know of anyone who has been convicted of driving without insurance and has applied for ILR? My application is due in Dec and i was convicted of driving without insurance - though the court agreed the insurance company was also at fault, but the onus lied with me and hence i got the 6 points and £ 200 fine.

nksg
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Post by nksg » Thu Aug 26, 2010 2:55 pm

Not sure about your offence but i myself got ILR with DR10 on my record... Also know some one with the same offence got it as well...

Just make sure you declare the same in the criminal convictions section and take DL counterpart or court document with you..
mihird wrote:Does anyone has experience/know of anyone who has been convicted of driving without insurance and has applied for ILR? My application is due in Dec and i was convicted of driving without insurance - though the court agreed the insurance company was also at fault, but the onus lied with me and hence i got the 6 points and £ 200 fine.

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

Post by mihird » Thu Aug 26, 2010 3:02 pm

Hi, Thanks for your reply.

The offence was driving without insurance. I challenged it and had a court hearing and the court convicted my with 200 penalty and 6 points on the license. Was your offence similar?

I had challenged it because the Insurance company was at fault - they have mentioned on the cover note that the policy is for 12 months, but in the actual certificate it was mentioned 9 month policy. So while it was their mistake too, the court said i should have been more careful anyways.

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