Speeding conviction in Scotland

[jonny_rotten]

Hi folks,

I'm just about to send off my completed application for PR from the UK. I originally applied to the wrong place for my police check - I applied to Disclosure Scotland. When I realised the error of my ways, I applied to ACPO for it. Both police checks came back and my ACPO certificate says NO TRACE as expected. However, Disclosure Scotland shows a speeding conviction from 2012. I didn't even realise speeding was a criminal offence to be honest. I was driving a little bit quick on a motorway (I was late for my honeymoon flight but that's not an excuse, I know!) so it went to court where I was given a fine and some penalty points. It is classed as an SP30 offence.

The question I have is whether to declare it on my application, given that ACPO shows NO TRACE. Had I not accidentally applied to Disclosure Scotland then I would not know it was registered as a criminal offence at all. I think I now have another 3 years before it is no longer on any record but I don't want to wait that long to apply for PR. This won't make me inadmissible will it?

As ever, I appreciate your advice.

Jonny

 

[rhcohen2014]

Where would you specifically declare this on your application? I don't think it applies because you weren't legally charged, booked or arraigned. If it makes you feel comfortable, you can explain the traffic violation comes up as a criminial offense. I don't see it being an issue...it's a traffic violation. CIC is not going to give it any weight to determine your eligibility. They are more concerned about DUIs than speeding.

 

[Rob_TO]

Speeding ticket won't matter at all to Canadian PR app. Only vehicle conviction you need to worry about is something like DUI.

 

[jonny_rotten]

Thanks for the replies folks. I was going to tick the yes box on form IMM5669E next to "previous convictions" and then give a brief description in the further details box on the first page. I have no drink driving offences.

Thanks

Jonny

 

[Ponga]

Speeding ticket won't matter at all to Canadian PR app. Only vehicle conviction you need to worry about is something like DUI.

Wouldn't the speed be a factor?

Depending on how fast s/he was driving, it may be deemed as careless or reckless driving...not just speeding.

It's not so much an issue of inadmissibility, as it is an issue of possible misrepresentation if it's not disclosed, right?

 

[jonny_rotten]

Certainly in the UK the conviction was not for careless or reckless driving. Would a certain "crime" in your country of origin be seen as a different "crime" in canada for the purposes of immigration?

I think i will mention in on my form anyway.

thanks.

 

[Rob_TO]

Wouldn't the speed be a factor?

Depending on how fast s/he was driving, it may be deemed as careless or reckless driving...not just speeding.

It's not so much an issue of inadmissibility, as it is an issue of possible misrepresentation if it's not disclosed, right?

Well he did say a "little bit quick", so I imagine it's more your typical speeding ticket! Also reckless/careless driving is a completely separate ticket that one would get in addition to a speeding ticket. So that is not a factor here.

Yes there is a point where a driving conviction can become a criminal conviction, but I'm really not sure at what point (or if there is a point) this happens for just speeding. Mostly i'm aware of DUI issues or when people are hit.
I know in Ontario when you are 50km/hr over the limit, I think you get a "street racing" ticket and automatic court date. So perhaps that could have some impact but not quite sure.

 

[jonny_rotten]

It was less than 50 kph over the speed limit but not by a whole lot. Will this number have to be declared?

 

[Ponga]

It was less than 50 kph over the speed limit but not by a whole lot. Will this number have to be declared?

The question is how that same speed (was it 49 kph over the limit?) translates to Canada I guess.

I suggest you just provide the information with the application and let CIC determine what, if anything, it means to them.

 

[Rob_TO]

The question is how that same speed (was it 49 kph over the limit?) translates to Canada I guess.

It doesn't. A single speeding ticket conviction in this case has nothing to do with criminal convictions.

 

[Ponga]

It doesn't. A single speeding ticket conviction in this case has nothing to do with criminal convictions.

I guess we're splitting hairs.

Driving 49 mph (realizing that this is more than kph) over the limit in the US, in some states, is more than just a speeding ticket...even if it isn't in Scotland, but are you certain that this doesn't translate to more than just speeding in Canada?

Would you agree that there is absolutely no harm in the OP including this information...but could be a problem if it is not disclosed?

I'm still focused on misrepresentation versus inadmissibility.