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Applying for ILR in March,2010 - TRaffic Offences and CCJ
Posted: Sat Jan 16, 2010 9:15 am
by kpreddy
Hello Board,
I am applying for my ILR in March,2010. I have gone through the application and found out that we have to write the traffic offences and civil judgemnets, if any against us.
I have two question to ask the board:
Frist, I have recived a penalty ticket for driving without insurance but later the penalty notice was cancelled by the magistrate court.
Second, I have CCJ issued by the County Court in Northampton.
Must I declare then both in my application and if I do, would my application get refused?
A reply is much appreciated and would welcome suggestions.
Regards,
PReddy
Posted: Sat Jan 23, 2010 5:07 pm
by batp1
My understanding from the solicitor I asked that is that you need to inform Home Office about any CCJs. I submitted my application (ILR) last week with a CCJ mentioned, will inform you of the outcome in future.
Posted: Sat Jan 23, 2010 6:55 pm
by ChetanOjha
Yes you should inform HO about any offenses/convictions.
Re: Applying for ILR in March,2010 - TRaffic Offences and CC
Posted: Wed Jan 27, 2010 8:24 am
by kiranchinnu
kpreddy wrote:Hello Board,
I am applying for my ILR in March,2010. I have gone through the application and found out that we have to write the traffic offences and civil judgemnets, if any against us.
I have two question to ask the board:
Frist, I have recived a penalty ticket for driving without insurance but later the penalty notice was cancelled by the magistrate court.
Pls explain this bit more why magistrate cancelled and did u end up with fine or points ???
Second, I have CCJ issued by the County Court in Northampton.
you should let HO know abt this.
Must I declare then both in my application and if I do, would my application get refused?
A reply is much appreciated and would welcome suggestions.
Regards,
PReddy
Re: Applying for ILR in March,2010 - TRaffic Offences and CC
Posted: Fri Jan 29, 2010 10:30 am
by kpreddy
The story is so.... In June,2008 my car was sized for having no insurance and impounded and i got it off the impound. I moved by home in July,2008 and they have been sending the penalty notices to my old home address. After a year, in June 2009 they did a search on my car and found my new address and I was served a warrant from the court to pay the fine fine or attend the court on a certain date. I called up the warrant officer and went in advance to the court and I told them that I have not received any notices to say. They asked me to take a oath and I did and the judge said, "we will cancel the notice and its up to the police to re-issue the penalty notice if they want to go ahead with it". And since then I have not heard or received anything from the police.
my friend
Posted: Mon Feb 01, 2010 3:14 pm
by danny79
I have a friend same like u he had penalties for trafic offence he never told them he got his ilr no prob. but if u affraid u should tell them
Posted: Fri Feb 05, 2010 11:18 am
by adc055
I am having same concern here but I am going to declare my traffic conviction in the ILR application as I always did in my hsmp, and tier1 gerneral. Actually my conviction will get "spent" or "ignored" by end of this month but I am not going to wait by then. I have an appointment @glasgow PEO on tuesday next week.
Don't worry too much, it will be fine.
Kun
Posted: Fri Feb 05, 2010 1:41 pm
by nksg
As far as i know declaring an offence (especially traffic) wont make an impact on your application.. but not declaring (in the event of convection) will result in rejection.. with a Ban for deception.. so if i were you i would not worry about it as you have already declared this in previous applications.. I know some one who got ILR with one conviction (Driving DR10).
adc055 wrote:I am having same concern here but I am going to declare my traffic conviction in the ILR application as I always did in my hsmp, and tier1 gerneral. Actually my conviction will get "spent" or "ignored" by end of this month but I am not going to wait by then. I have an appointment @glasgow PEO on tuesday next week.
Don't worry too much, it will be fine.
Kun
Impact of driving offence on ILR application
Posted: Tue Jun 07, 2011 12:06 pm
by aamar1983
Hi,
I have spoken to an advisor from Home Office and enquired about the impact of driving offence on ILR application. She advised that applicant MUST DECLARE the offence but it DOES NOT mean that the application will be refused basen upon the driving offence. It will depend upon the case worker to make a decision if the applicant would create a threat to UK residents or not. The case workers do have authority to grant or deny the ILR.
So
***Declaring a driving offence DOES NOT mean the application will be refused, it MAY BE GRANTED OR REFUSED but the case worker will make a decision. NOTE if the offence is not declared then the application WILL BE REFUSED**
I hope this helps.
Aamar
Re: Impact of driving offence on ILR application
Posted: Tue Jun 07, 2011 12:15 pm
by aamar1983
If the applicant is applying for settlement on or after 6 April 2011, they must not have a conviction which is not considered ‘spent’ via the Rehabilitation of Offenders Act 1974 (‘the Act’). Where they do, their application must be refused.
**Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[quote="aamar1983"]Hi,
I have spoken to an advisor from Home Office and enquired about the impact of driving offence on ILR application. She advised that applicant MUST DECLARE the offence but it DOES NOT mean that the application will be refused basen upon the driving offence. It will depend upon the case worker to make a decision if the applicant would create a threat to UK residents or not. The case workers do have authority to grant or deny the ILR.
So
***Declaring a driving offence DOES NOT mean the application will be refused, it MAY BE GRANTED OR REFUSED but the case worker will make a decision. NOTE if the offence is not declared then the application WILL BE REFUSED**
I hope this helps.
Aamar[/quote]
Posted: Tue Jun 07, 2011 1:26 pm
by Polat
It is mentioned clear in the criminality requirements that one FPN to be disregarded so why it would be in a case worker decision since it is only one FPN !!!
Posted: Tue Jun 07, 2011 1:35 pm
by aamar1983
Thats what advised by the Home Office advisor that it depends upon the case worker. But to be honest, I do not think that the case worker will use his/her authority to refuse an application although according to policy the FPN should be disregarded.
FPN
Posted: Tue Jun 07, 2011 5:51 pm
by blay1
aamar1983 wrote:Thats what advised by the Home Office advisor that it depends upon the case worker. But to be honest, I do not think that the case worker will use his/her authority to refuse an application although according to policy the FPN should be disregarded.
I have spoken to the agency that the Home Office have on the Set(O) Form ie NACRO and they said FPN is not a criminal offence and it does not need to be declared on the form.
Posted: Tue Jun 07, 2011 5:55 pm
by Polat
now it is been assured that FPN is not a criminal conviction .. no one can argue this .. but the question is what to answer Q 7.1 page 11 set O form ... I had alot of different answered from home office it self .. some said you should answer yes and some said no ...
maybe it is better for sure to disclose it but .. I'm still not sure what to answer for the question above !!!
FPN
Posted: Tue Jun 07, 2011 5:59 pm
by blay1
Polat wrote:now it is been assured that FPN is not a criminal conviction .. no one can argue this .. but the question is what to answer Q 7.1 page 11 set O form ... I had alot of different answered from home office it self .. some said you should answer yes and some said no ...
maybe it is better for sure to disclose it but .. I'm still not sure what to answer for the question above !!!
If you answer yes there are follow up questions that you need to answer,do you think those questions can be answered if you have only had an FPN.
Re: FPN
Posted: Tue Jun 07, 2011 6:02 pm
by Polat
If you answer yes there are follow up questions that you need to answer,do you think those questions can be answered if you have only had an FPN.[/quote]
I think No !!! am I right ?
Re: FPN
Posted: Tue Jun 07, 2011 6:07 pm
by blay1
Polat wrote:If you answer yes there are follow up questions that you need to answer,do you think those questions can be answered if you have only had an FPN.
I think No !!! am I right ?[/quote]
so there you go,then there is no need to mention it. Also FPN does not appear on CRB so how are they going to find out and why are they going to check if it is supposed to be ignored.
Posted: Tue Jun 07, 2011 6:18 pm
by Polat
if it doesnt appear in CRB check so ...
what if a person has two FPNs or 3 and he answered No .. and he did not disclose them ...
how they would know ???
Posted: Tue Jun 07, 2011 6:28 pm
by blay1
Polat wrote:if it doesnt appear in CRB check so ...
what if a person has two FPNs or 3 and he answered No .. and he did not disclose them ...
how they would know ???
Good question polat,and i don't have an answer to this.There again do they have time to check everything? Hopefully we will try oir best not to have multiple FPN. These days i drive like a tortoise and set my car to autocruise even stop when traffic light is yellow.
Posted: Wed Feb 08, 2012 12:09 am
by surprised77
Dear all,
I have been a silent watcher of this forum. I have an unspent court conviction of drink and drive (DR10). Applied for ILR in PEO Croydon on 29th November 2011. The application was downgraded to postal for 'further checks'. Eventually received passport today with ILR stamped.
Posted: Wed Feb 08, 2012 9:15 am
by innocentdevil
Advise. do not hide any convictions. disclose your spent/unspent convictions. it is better for you to tell them than they find out.
Posted: Wed Feb 08, 2012 11:48 am
by armor123
surprised77 wrote:Dear all,
I have been a silent watcher of this forum. I have an unspent court conviction of drink and drive (DR10). Applied for ILR in PEO Croydon on 29th November 2011. The application was downgraded to postal for 'further checks'. Eventually received passport today with ILR stamped.
could you please give me more details on this as i am also in same boat or possible give your contact details, it will much help me as you know what we face when its happened woth us....Thanks
Posted: Wed Feb 08, 2012 1:01 pm
by surprised77
armor123 wrote:surprised77 wrote:Dear all,
I have been a silent watcher of this forum. I have an unspent court conviction of drink and drive (DR10). Applied for ILR in PEO Croydon on 29th November 2011. The application was downgraded to postal for 'further checks'. Eventually received passport today with ILR stamped.
could you please give me more details on this as i am also in same boat or possible give your contact details, it will much help me as you know what we face when its happened woth us....Thanks
You can private msg me.
Dont forget to mention conviction/s on the form.
Posted: Thu Feb 09, 2012 11:50 am
by Reddevil12
@surprised77
Hi, Thanks a lot for the information. But can you please give us some light. I mean have you mentioned about u'r unspent conviction in your submitted ILR application or have you ignored it.
Also just to confirm on the ILR period, Where you applied under 5 years period or 10 years period and if so can you please mention your visa types as well that you have used to apply for your ILR. Thanks in advance for your response.
A bit complicated
Posted: Fri May 11, 2012 11:16 pm
by Magdalena
We are just trying to apply for indefinite, but we have a following issue - one of us has an offence for driving without insurance. The problem is, that the fine was not paid on time (forgotten
) and the court announcement did not come! It just never appeared in the mail. So when we were finally reminded there was something to pay it was worse than a fine
It is about 4 years now. I wonder - did anybody have a trouble like this and still was able to get an indefinite stay? And what about citizenship? Is it possible? Somebody told me that guys with traffic offence were refused citizenship and the 1000 fee they paid went to oblivion...