Driving Offences – new criminality rules from 13 December 2012

By 1st 4Immigration - #1 UK Immigration Experts -
The new criminality rules for ILR and British Citizenship affected those with driving offences. When it comes to criminality, out of all convictions by far most common are driving offences.

Drink-driving offences, driving without insurance, driving while disqualified and driving whilst using a mobile phone are not minor offences but they usually result in a non-custodial sentence, such as fine. Non-custodial sentence means there was no imprisonment but a punishment such as fine, points on licence etc.
1)    Indefinite Leave to Remain (ILR) – Permanent Residency:

Before 13 Dec 2012: all convictions, including driving offences, had to become ‘spent’ before you could apply for an ILR. With most driving offences it was 5 years.
From 13 Dec 2012: If you had such an offence then you can only apply for an ILR when 2 years have passed since the date of conviction (in many cases it means waiting less than 5 years under the old rules). This includes fines. It does not include speeding or parking tickets unless they were registered in court and converted into fine.

2)    British Citizenship:

Before 13 Dec 2012: like for an ILR, all convictions had to become ‘spent’. With most driving offences it was 5 years.

From 13 Dec 2012: If you had such an offence then you can only apply for Citizenship when 3 years have passed since the date of conviction (in many cases it still means waiting less than 5 years under the old rules). This includes fines. It does not include speeding or parking tickets unless they were registered in court and converted into fine.
For more advice or for an application please contact info@1st4immigration.com or visit www.1st4immigration.com   

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