Traffic Offence - Need Urgent Help please

[gaurav.gangwani]

Hi Guys,
I entered UK in July 2006 and had a speeding fine in Oct 2006 on my Indian license where i was sent a letter from the sussex police after which i sent them a copy of Indian license and passport copy. After which i was sent a court letter for conviction and later in March 2007 i was sent the fine decided by the court as £60 and 3 points ... these points were carried forwarded on my UK license also.

I got HSMP in Feb 2008 after which i had to apply for Disclosure Scotland (basic) to work as a contractor, this Basic DS did not show any unspent convictions .

Now my ILR appointment is booked for 24th june 2011 for Croydon, but i just manage to read this blog and found out that my Driving fine could be an issue.
I am just confused whether it will be unspent conviction or not ? by Disclosure scotland was clear hence i was confident it is fine for me to book an appointment.
How much can i trust Basic Disclosure Scotland ?

Can someone please help me...i don't want to waste £ 1350 ....Need urgent help specially from people with similar cases.

[geriatrix]

Should be okay. Traffic offences committed when driving on International licence have to be dealt by court - procedural issue. So, not necessarily a conviction (in context of ROA).

If CR check shows no unspent convictions, you are fine.

[Polat]

here you go
a sample which is dealt with before

http://www.immigrationboards.com/viewtopic.php?t=79411

it is an FPN and won't affect your application, also I think it is not on your DL anymore ... it is more than 4 years now since you committed it so it is spent ...

[gaurav.gangwani]

Should be okay. Traffic offences committed when driving on International licence have to be dealt by court - procedural issue. So, not necessarily a conviction (in context of ROA).

If CR check shows no unspent convictions, you are fine.

Sushdmehta,
Thank you very much .....so is the Basic DS considered enough a proof to say that i don't have any unspent convictions ?

What do you suggest i should write for the criminal conviction section on the ILR form ...should say yes with details of this speeding fine or just write NO criminal convictions?
I have mentioned about this speeding fine in my previous HSMP and Tier-1 renewal applications.

Also can you please confirm whether i need the Employer reference letter for the 2 years i was on WP ? I do have employer reference since i have been on HSMP and Tier-1 ?

[Polat]

the DS is not rquired so why to submit it ?
I dont know what to answer to teh criminality question .. also im not sure if you need to disclose ur speeing fine becuase it ismore than 4 years now !
and if you still have the copy of your old WP I think it is enough.

[gaurav.gangwani]

the DS is not rquired so why to submit it ?
I dont know what to answer to teh criminality question .. also im not sure if you need to disclose ur speeing fine becuase it ismore than 4 years now !
and if you still have the copy of your old WP I think it is enough.

Hi Polat,
thank you..i think the time to be spent for speeding fine is normally 5 yrs as per The Rehabilitation of Offenders Act 1974.....4 yrs is only for DVLA.....
What i am need to be sure is that basic DS is a good enough proof for me to say that i don't have any unspent convictions....

also yes i do have the old WP ..so will that be enough to prove my UK presence for 2 yrs or will i need any more documentation for this as i don't have the employer reference letter?

[nishu]

I had to appear in court because of my speeding ticket on international license in 2005. I pleaded guilty and they ordered fixed penalty notice. Intially judge thought I had refused to pay and issued me double charge penalty as reason why court appearence needed but i told him that i wish to pay by post but there was no option then he reviewed it and asked to pay amount asked in ticket initially. I paid fine and then got provisional license with points automatically. Points were then removed by DVLA in 2009.

Can anyone tell if that means it is considered spent now? I am going to apply for ILR early next year.

[fooltruth1980]

Can anyone tell if that means it is considered spent now? I am going to apply for ILR early next year.

Yes. After 5 years it will be spent.