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Civil Penalty & Fixed Penalty Notice, same?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Jesusboy
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Joined: Mon Jul 21, 2014 5:31 pm

Civil Penalty & Fixed Penalty Notice, same?

Post by Jesusboy » Mon Jul 21, 2014 5:59 pm

Hi Immigration board expert and solicitors,

I am preparing to apply for ILR August 2014.

In 2012 November, I was teaching my wife to drive, the police stopped us and said that my wife is not listed as insured to drive the vehicle as a learner.
So they issued us Fixed Penalty Notices(FPN) £200 paid to the court and and 6 points each for both of us. Though my wife had Provisional License at the time.
we got the FPN, paid it at the court, case was closed,
The ILR set(o) form says we have to declare 'civil penalties under UK immigration acts' and another part of the same form says 'This does include road traffic offences but NOT fixed penalty notices(such as speeding or parking tickets) unless part of a sentence of a court' Ours did not go court.

is civil penalty and FPN the same in this case? please expert opinion will be much appreciated.

Again, General Grounds for refusal states in section 322 (1C)

You must refuse an applicant who is applying for indefinite leave to remain on or
after 13 December 2012, if they:
-have been convicted of an offence and sentenced to imprisonment for at least
four years
-were convicted of an offence and sentenced to imprisonment for at least 12
months but less than four years, and 15 years has not passed since the end
of the sentence
-were convicted of an offence and sentenced to imprisonment for less than 12
months, and seven years has not passed since the end of the sentence
-have, within the 24 months preceding the date of the application, been
convicted of or admitted to an offence and received a non-custodial sentence
or other out of court disposal recorded on their criminal record.

I earnestly seek the opinion of immigration experts on this?

Thank you
Jesusboy

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Civil Penalty & Fixed Penalty Notice, same?

Post by Amber » Mon Jul 21, 2014 7:59 pm

You're mixing a FPN with a conviction. Did you plead guilty to the magistrates court?
**this forum is not intended to be a substitute for professional advice**
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Jesusboy
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Posts: 2
Joined: Mon Jul 21, 2014 5:31 pm

Re: Civil Penalty & Fixed Penalty Notice, same?

Post by Jesusboy » Tue Jul 22, 2014 8:51 am

No, the case did not go a magistrate court, the case was closed immediately after we paid the Fixed Penalty of £200 each and 6 points on my licencse and 6 points on my wife's license. that was it.
I then corrected the mistake and added her to the vehicle insurance.
Case closed.
June 2014, I applied for a disclosure certificate, it came back and states that I HAVE NO CONVICTION.
Do I need to disclose points on my driving license?

Thank you very much, moderator.

Regards
jesusboy
Last edited by Jesusboy on Tue Jul 22, 2014 10:39 am, edited 1 time in total.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Civil Penalty & Fixed Penalty Notice, same?

Post by Amber » Tue Jul 22, 2014 9:35 am

Then no affect.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

PCA5
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Joined: Sun Aug 24, 2014 1:36 pm

Re: Civil Penalty & Fixed Penalty Notice, same?

Post by PCA5 » Mon Sep 29, 2014 4:31 pm

Hi Amber
Need your advice please.
I nd ny partner would be eligible for ILR soon.
But my partner pleaded guilty in the magistrate's court for driving mechanically propelled vehicle with undue care and attention, this happened in June 2013, he had to pay fine nd was given 6 points on his license.
Could you please guide, when can he apply for ILR.
Thanks

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