Can Driving Offences Impact an Indefinite Leave to Remain Application?
Worried about a driving offence on your record and its impact on your chances of being granted Indefinite Leave to Remain (ILR) status?
Part of the ILR application requires you to demonstrate that you’re a good law-obeying citizen. So, does that mean anything as slight as a traffic violation can impact your chances of having your application accepted?
Contact our immigration lawyers today at 020 4502 8582, we are here to help. We can speak to you in whatever way best suits you: in person, at our offices, over the phone or online.
The Short Answer
Yes, your driving offence may interfere with your Indefinite Leave to Remain application. Minor violations (like not stopping for a red light) result in Fixed Penalty Notices. Accordingly, they won’t appear on your criminal record, which means your application won’t be automatically rejected. However, traffic offences can affect your application acceptance rate.
In contrast, a serious offence, such as severe speeding or dangerous driving, requires court hearings. Paragraph 322(1C) of the General Grounds for refusal states that court disposal within the last 24 months recorded on your record is an immigration offence.
Accordingly, it’ll subject your ILR application to automatic refusal. So, you’ll need to wait 24 months before applying for an Indefinite Leave to Remain and extend your visa until then. However, if the hearing results in a conviction, you’ll be disqualified from being granted Indefinite Leave to Remain for at least two years.
Page Contents
- The Short Answer
- On What Grounds Can ILR Be Refused?
- What Is a Traffic Offence That Can Affect Your ILR Eligibility?
- What Are the Key Requirements for an ILR Application?
- Will a Traffic Offence Show Up on Your Criminal Record?
- What Should You Do if You Have a Traffic Offence?
- When Is a Traffic Offence Considered Spent?
- How our London Immigration Lawyers Can Help?
On What Grounds Can ILR Be Refused?
ILR is refused due to immigration Offences. According to Paragraph 322(1C) of the General Grounds for refusal, they’re criminal offences:
- That required court disposal or non-custodial sentence, which is on your criminal record, within the past 24 months
- That have led to imprisonment in the UK or overseas for under 12 months within the last 7 years
- That have led to imprisonment in the UK or overseas for a period from 12 months to under 4 years within the past 15 years
- That have led to imprisonment in the UK or overseas for at least 4 years
What Is a Traffic Offence That Can Affect Your ILR Eligibility?
As we’ve mentioned, traffic offences may not be immigration offences, but they can undermine the status of your immigration application. Here are the most common types:
- Careless driving
- Not complying with traffic light signals
- Exceeding speed limit determined for your vehicle type (as long as it isn’t a passenger or goods vehicle)
- Exceeding the speed limit on a motorway
- Exceeding the speed limit on a public road
- Driving a vehicle uninsured against third-party risks
- Driving a vehicle with defective brakes
- Driving a vehicle with defective tires
- Not stopping after an accident
Will a Traffic Offence Show Up on Your Criminal Record?
This depends on the severity of your traffic offence and how you handle it.
Minor Offences
If you commit minor road traffic offences, you pay a fine (like the Fixed Penalty Notices), resolving the situation without a court hearing and the offence does not form part of a person’s criminal record as there is no admission of guilt.
However, the issue arises when you fail to pay the fine or if you decide to challenge the police officer’s decision in court.
Although you might feel that the fine is unjustifiable, taking matters to court is risky. After all, the judge is likely to reaffirm the officer’s decision. Then, you’ll have a court conviction on your record (even if you win the case), which means you’ll have to wait 24 months before applying for ILR with driving offences of that kind.
However, if you’re driving on a foreign licence, minor traffic violations are handled very differently. The police officer won’t be able to give you a fixed penalty notice and penalty points on your licence, as the driving licence is issued by another country. Instead, they’ll report the traffic violation, so it’ll go on your driving record.
Major Offences
Severe ones are recorded in a police report and appear on criminal records.
According to the court conviction, they can ban you from applying for the ILR for some time and make it difficult for you to prove your “good character.”
Reach out to us if you are unsure if your criminal offences prevent you from applying for ILR or if you need support in making an ILR application.
What Should You Do if You Have a Traffic Offence?
Our immigration advice is to be transparent about your offence. Even if the conviction isn’t on your record, honesty is the best policy. Otherwise, the caseworker may see the small fine in court on the Police National Computer (PNC), so it’s better if they hear it from you when they ask. Even if they don’t discover it, the offence might come to light later during your British Citizenship application, which can be problematic.
After all, the ILR can serve as a stepping stone to getting the British Citizenship via a naturalisation application. You must preserve your status for no less than 12 months to obtain it. After you earn the British Citizenship, you don’t have to abide by any immigration rules. Not to mention, withholding information from the Home Office can cost you a fine and the acceptance of your immigration application and even future applications. In other words, the stakes are too high for such a risk.
When Is a Traffic Offence Considered Spent?
A minor driving offence will be on your driving record for 4 years from the offence date, whereas more serious ones can stay there for up to 11 years.
Offences That Remain for Four Years
- Failing to stop after an accident
- Driving with a court order disqualification
- Attempting to drive with a court order disqualification
- Careless driving
- Causing serious harm due to careless driving
- Causing death by disqualified driving
Offences That Remain for 11 Years
- Causing death due to drunk driving
- Causing death due to driving under the influence of drugs
- Causing death due to driving with an alcohol level above the specified limit
- Causing death due to driving with a drug level above the specified limit
However, that duration isn’t very relevant to your ILR eligibility. After all, a fixed penalty isn’t grouped with criminal convictions, so you don’t need to wait those 4 years to qualify for ILR.
But even if it doesn’t require mandatory refusal, it does affect the status of your application. Other more serious offences appear on your criminal record, and we’ve talked about how they impact your eligibility.
How our London Immigration Lawyers Can Help?
While minor offences aren’t considered criminal convictions and aren’t enough to ban you from getting an ILR, they can negatively affect your application status. Otherwise, serious offences lead to automatic refusal. So, if you’ve had a court hearing, you’ll have to wait 12 months. And if you’ve had a criminal conviction, that’s 2 years.
Ultimately, the result of an ILR application with driving offences depends on your individual circumstances. Lucky for you, we’re a team of specialist UK immigration lawyers based in London, and we’re ready to help you with your immigration issues.
Call our London immigration lawyers on 020 4502 8582 for immediate help & assistance with
your situation. We’re here to help you in person, via the phone, or online.
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Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.
Last modified on July 21st, 2023 at 6:54 am
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