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Driving Offences and Tier 1 extension

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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sanjaym
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Driving Offences and Tier 1 extension

Post by sanjaym » Sat Apr 09, 2011 8:43 pm

Hello guys,

This questions is for the senior members.

Will any driving offences like getting points for driving past traffic lights or insurance claims due to accident affect Tier 1 extensions or ILR applications.

I ask this question because I am due for an extension in 2012 and I am now planning to buy a car. I fear that if I get any points or claims then will it affect my application as per new rules?

San

tier1extn1
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Joined: Fri Apr 08, 2011 7:15 am

Post by tier1extn1 » Sun Apr 10, 2011 7:07 am

This link might probably help..
esp., read the note from the guy who had written to home office.

bango
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Joined: Wed Mar 30, 2011 2:51 pm

Post by bango » Sun Apr 10, 2011 7:31 am

I didnt get your question. Either you have points on your licence for these offences or not.
If not then Dont Jump Red lights and Dont cheat the insurance companies by not paying. SIMPLE.

And yes if you have these offences you will not have difficulty extending but according to the new rules you wont qualify for ILR.

sanjaym
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Joined: Thu Jan 13, 2011 9:55 pm

Post by sanjaym » Sun Apr 10, 2011 11:42 am

Question is that, example, if for some reason I get a traffic offence for speeding then what will happen for ILR. Will I have to go back.

Offences will not be done on purpose but can happen as Mistakes Can Happen From every One.

bango
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Joined: Wed Mar 30, 2011 2:51 pm

Post by bango » Sun Apr 10, 2011 2:19 pm

Oh i see. So if tomorrow i am short of cash and rob someone at knifepoint, i can say i needed the cash so i robbed that person. I am sorry it wasnt intentional but i have done a mistake.

If you drive the car sensibly and not like boy racer or try to jump red light then it wont happen. If you still think you cant follow simple safety rules on road , then its best you keep off the roads for the benefit of other people.
Anyway the answer to your query is still same. If you get even a simple speeding fine it will stay on your file for 4 years thus you will fall foul of the new ilr rules.

tier1extn1
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Post by tier1extn1 » Mon Apr 11, 2011 10:13 am

Bango... I am not sure what you have mentioned is entirely correct
For more information plz read this link

http://www.immigrationboards.com/viewtopic.php?t=74347

In case of speeding offences / red light jumping one is usually issued FPN's.

bango
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Joined: Wed Mar 30, 2011 2:51 pm

Post by bango » Mon Apr 11, 2011 2:25 pm

Correct.And record of that FPN will stay on your licence for 4 years.Therefore it is under the new criminality threshold according to the home office.All FPN'S are recorded.

tier1extn1
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Post by tier1extn1 » Mon Apr 11, 2011 5:20 pm

The FPN will stay in the licence for 4 years. But that doesn't necessarily indicate it is a criminal conviction.
Do you have a reference to the home office where it states FPN (with 3 or more points ) received for traffic offence (like speeding etc.,)is a criminal offence.

I have been following up several discussions in this forum and there was lotta confusion regarding this precise point. I believe that is the reason the moderator had put a sticky note to clear the doubts.

Now leaving it for others to comment...

geriatrix
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United Kingdom

Post by geriatrix » Mon Apr 11, 2011 6:15 pm

Don't know how long ago this was introduced but one is now now required to declare "criminal conviction(s) and civil judgement(s)" using the migrant change of circumstances form. Likewise, Tier 1 (General) application form asks the applicant to declare any "criminal conviction(s) and civil judgement(s)".

Being issued an FPN by police or any other public authority is not a criminal conviction. A court issued fine may be - but that is also subject the nature of the offence and circumstances of how the matter is dealt with in the court.
What is a Fixed Penalty Notice?
1. The FPN is not a fine.
2. The FPN simply discharges your liability to conviction for which the notice was issued.
3. The FPN is not an admission of guilt, it only removes the possibility of you receiving a record of Criminal Conviction.
4. Receiving a penalty notice does not mean that you have received a criminal conviction. The FPN is given instead of a prosecution in court.
5. If you have received an FPN, you have 14 calendar days to pay the penalty or to request a hearing.
6. Failure to pay a penalty may result in a higher fine imposed by the court or imprisonment.
General principle - if there is no court involved there is no criminal conviction or civil judgement.
But if convicted by court, then depending on the offence you may have an unspent conviction. If you wish to, you can check for unspent convictions on your own.

Endorsements and penalty points must stay on your driving licence for four or eleven years depending on the offence. But just an endorsement on a driving licence or a driving disqualification doesn't affect the result of a Tier 1 (General) immigration application.
Last edited by geriatrix on Sun May 22, 2011 5:17 pm, edited 4 times in total.
Life isn't fair, but you can be!

tier1extn1
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Post by tier1extn1 » Tue Apr 12, 2011 3:27 am

Thanks sushdmehta.. I will bookmark this link :)

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