Driving without insurance is something known in law as "strict liability offence". That means that even if you committed the offence totally and utterly unknowingly and even if you prove beyond doubt that you did it unknowingly, you will still be found guilty. Magistrates have no power to let anyone off.

Coming back to your immigration point now. First of all let me say that you have muddled two things in one post, ILR and nationality. As you have said that you are going to apply for ILR, so lets keep to the question of effect of conviction on your ILR application.

Immigration rule changes effected by HC863, which came into force in 6th April 2011 have introduced a new "criminality threshold" for settlement/ILR applications. As per HC863, any applicant who has any unspent conviction will have his application for settlement/ILR declined in all cases. There is no discretion whatsoever to disregard this requirement in any case. Hence your application will be refused.

Now let me explain you something in a bit more detail. Traffic offences themselves have no rehabilitation period, but fines have a rehabilitation period of 5 year. As you got points as well as fine, you need to wait 5 years from the date of conviction for your conviction to be spent. Do not confuse the rehabilitation period/spent time with the time you have to wait for your points to go away. Points are a total different matter. Your points for driving without insurance will go away 4 years from the "date of offence"

BUT

Your rehabilitation period will be 5 years from "date of conviction". Two different things altogether. If you look at your counterpart license, it will show you both dates separately.

I think I have covered everything that you might need to know.

Hope this helps

Thank you so much for the explanation

Can i then apply for discretionally leave to remain as i have a child with complex special needs who was born at 29 weeks and i can not go back to my home country?

Under which category are you in at the moment? When does you current leave to remain expire? Pls advice of you full immigration history.

regards

Here  is my history

I came to the UK in Dec 2001 as a student and in Feb 2004 after marriage my wife joined me in Feb 2004 and since she was studying as well I swapped to be her dependant and all along we have been renewing our visas on time .

Last time we were renewing our Visa we had a problem my wife did not include her certificate so we had to go through the court and we got our renewal. My current Visa expires in Dec 2011

This time around my wife has failed her exams  on her last two sittings which means she has 0 points on the academic progress on the CAS.

Our option of renewal was applying for ILR  under long residence based on me clocking 10yrs but with the conviction that I had as explained in my earlier post and your response it seems that this will be refused.

However in 2007 my wife gave birth to a premature baby at 29weeks and as I said he has complex needs  and therefore I cannot go back to my home country.  I have not travelled to my home country since 2006 and all my connections are in this country.I have a fulltime job and I support my family through funds from Home as well as from my employment  and I do not claim any public funds.

 

So can I apply for discretionary leave to remain then based on these facts???????

 

Dear Sir or Madam,

 

We are an immigration firm based in London offering services such as consultations and representations to UKBA and Tribunals.

Should you need professional assistance at any stage of the process, please do not hesitate to contact us.

We can assist with entry to the UK, extension of stay, permanent residency and regularization of stay. We also have extensive experience in detention, removal and deportation cases.

Visit www.ilas.org.uk for detailed information about our services.

You may also ring us on (44) (0) 208 539 6611 or alternatively email us on info@ilas.org.uk or ilas@btconnect.com.

Our office address: ILAS (LLP), Nelson House, 341 Lea Bridge Road, Leyton, London, E10 7LA, UK.

Kind regards,

Sylwia Wawrzynczak

ILAS (LLP)

 

I will not comments on your situation because I am not very sure weather DL is the best bet, or maybe you are eligible to apply for FLR based on your 10 years legal stay. If there is scope within the immigration rules to apply for FLR based on 10 years residence, then this will be much safer option. I haven't had the time to dig deep into rules to work out if FLR is possible.

I suggest that you take help of a reputed advisor. Go on google and search for VISA DIRECT, MEDIVISAS or Manchester Legal Services.

 

Thank for your article and further advise therein. It was so helpful. I recently applied for ILR and I was refused based on my driving conviction (No insurance/Licence) in February 2011. Although, the offence was committed in November 2010 but i was only convicted in 2011. I was refused on this ground and I was given further leave to remain till 2014. My concerned now is that my offense and the conviction was before the immigration rules on criminality threshold changed on 6th April 2011, I was astonished to know that this rule was still applied to my case when I applied in June 2012.. I believed I had committed the offence ever before the changes in immigration rules on criminality threshold and I should be exempted because my offence was committed before these changes. I am not sure whether they got their decision wrong or right. Now, I’m really concerned about this tarnishing decision because I am about to start my degree in January 2012 which is funded by NHS. Now I have further leave to remain (expire in 2014) after completed 2 years probation since 2010. I don’t know whether I will still be qualify to continue my training...please can you advise me???????? Thanks

 

I am due to apply for my IRL under long residence but i have a driving conviction through court as i was stopped by pollice because my car did not have insurance.this was however not my fault so i decided to have my case heard in court my insurance company had changed my 12 months renewal date to 9 months without propely informing me.But i was convicted and handed 6 points.

Since rules about nationalisation changed  in April 2011 will this conviction affect my long residence application?

Please help!!!!!!!!