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Dependant speeding ticket,any impact on OUR ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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abbi123
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Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Dependant speeding ticket,any impact on OUR ILR

Post by abbi123 » Mon Aug 15, 2011 8:13 am

Hi All,
Good Morning and Bad week end for us
My wife(HSMP dependant) received her speeding ticket over week end while driving 46mph on 40mph northcircular road just after ikea and was issued ticket
we are due to ILR early next year, we will pay the penalty with in our 28 days time

i am the main applicat and she will be applying for ILR along with me early next year
i will be producing her licence as one of the proof of cohabitation docs as we live with my sister and brother in law so we have less doc's on our name, and also she got extention along with me when we got extention so i assume less co habitation documents is not an issue, and also we will take letter from my brother in law
can some one guide me on this please

1)do i need to include her speeding ticket in the application
2)will her conviction has any impact on OUR ILR

Please can some one guide us
Many Thanks ina advance
Abbi

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Mon Aug 15, 2011 8:28 am

If this was dealt with by a Fixed Penalty Notice (Conditional Offer of Fixed penalty) rather than a court summons, it will not have an impact on her ILR application.

rajesh_kumar01
Member
Posts: 132
Joined: Thu Apr 28, 2011 7:15 pm
Location: Excel 2003

Post by rajesh_kumar01 » Mon Aug 15, 2011 8:52 am

if you are covered under HSMP JR April -Nov 2006 (you applied in between) then it will not affect your wife ILR even if she got fine through court.
If you are not covered even then it will not affect your wife's ILR as it is a Fixed Penality notice . Pay it without going to court.

rgds

abbi123
Newbie
Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Post by abbi123 » Mon Aug 15, 2011 9:17 am

Hi Rajesh and lucapooka
thanks for your reply

we are not convered under HSMP jnr, just wondering do i need to include this in the application?

please guide me
Many Thanks
Abbi

abbi123
Newbie
Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Post by abbi123 » Mon Aug 15, 2011 3:46 pm

Hi all
any thoughts and sugestions please?
Please Please drop me your thoughts

Many Thanks
Abbi

k1w1b0y
Newly Registered
Posts: 14
Joined: Mon Mar 28, 2011 7:40 pm

Post by k1w1b0y » Mon Aug 15, 2011 4:32 pm

rajesh_kumar01 wrote:if you are covered under HSMP JR April -Nov 2006 (you applied in between) then it will not affect your wife ILR even if she got fine through court.
If you are not covered even then it will not affect your wife's ILR as it is a Fixed Penality notice . Pay it without going to court.

rgds
... at the PEO (Croydon) the first counter reviewed my application for completeness, and when he asked if I had any outstanding convictions, I said I had an unspent FP speeding ticket and showed him my paper and card licences. I told him I knew it shouldn't affect my application but I wanted to be totally transparent, and he mumbled something along the lines of you should declare everything.

IMHO even though it WON'T adversely affect your application, take copies of the ticket/your wife's licence and show it to the document checker anyway. :)

rajesh_kumar01
Member
Posts: 132
Joined: Thu Apr 28, 2011 7:15 pm
Location: Excel 2003

Post by rajesh_kumar01 » Mon Aug 15, 2011 5:00 pm

you don't need to mention this as it is fixed penalty notice ...

abbi123
Newbie
Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Post by abbi123 » Tue Aug 16, 2011 8:17 am

Thanks rajesh and k1w1b0y
for your comments....

are there any one interested to shed some light please feel free to drop your valuable comments....

Many Thanks in advance
Abbi

rajesh_kumar01
Member
Posts: 132
Joined: Thu Apr 28, 2011 7:15 pm
Location: Excel 2003

Post by rajesh_kumar01 » Wed Aug 17, 2011 5:56 am

how much light you need ?
Fixed penalty notices are not conviction . You need not to mention that. if you search UKBA site you will find document suggestion the same .

abbi123
Newbie
Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Post by abbi123 » Wed Aug 17, 2011 9:21 am

Hi Rajesh,
thanks for your comments,
can you direct me to the correct document where dependent FPN dosent have any impact on ILR
one of my friend when to croydon for his Teir 1 extention
he did has the same issue FPN issued when driving over the speed limit

in the application section at conviction " do you have any convictions" he selected "NO" but in the desciption he wrote he has a speeding notice and 3 points on his licence he has paid in full

but some one who checked his application before going to pay fees has asked him why did you select no and why di dyou gave description he said its not a conviction but i do not want to hide any info
then she said you should select YES, so he stricked and selected YES
but Case worker again question why did you select YES now and why did you select No before, then he expalined all the story what the other perosn said

finally his was a happy ending

i am aware that situation is extention and i am talking about ILR

so i am requesting more views on this as this is new to ILR

hope Rajesh understand what i mean...discussing more view abt this topic will give clear idea to the people who are in the same situation now and in future also

Many Thanks in advance for your comments

Abbi

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 2:21 pm

Re: Dependant speeding ticket,any impact on OUR ILR

Post by selva » Wed Aug 17, 2011 2:42 pm

abbi123 wrote:Hi All,
Good Morning and Bad week end for us
My wife(HSMP dependant) received her speeding ticket over week end while driving 46mph on 40mph northcircular road just after ikea and was issued ticket
we are due to ILR early next year, we will pay the penalty with in our 28 days time

i am the main applicat and she will be applying for ILR along with me early next year
i will be producing her licence as one of the proof of cohabitation docs as we live with my sister and brother in law so we have less doc's on our name, and also she got extention along with me when we got extention so i assume less co habitation documents is not an issue, and also we will take letter from my brother in law
can some one guide me on this please

1)do i need to include her speeding ticket in the application
2)will her conviction has any impact on OUR ILR

Please can some one guide us
Many Thanks ina advance
Abbi
1) According to UKBA a fixed penalty notice is not classed as conviction (provided that court does not involve in it) http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary section 3.2.2 e)

Whether you need to declare it in the application?

7.1
Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?

You can say NO to this question.

Regarding multiple fixed penalty notice

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary Section 2)

If you have more than one fixed penalty notice you may consider answering YES and give the details. (One of my friend had 2 fixed penalty notice and answered YES and got the ILR without any issues).

If you got only one then SAY NO.

2) There should not be any impact for one or two fixed penalty notice (provided that court does not involve in it)

Thanks

abbi123
Newbie
Posts: 40
Joined: Tue Dec 21, 2010 11:02 am
Location: london

Post by abbi123 » Wed Aug 17, 2011 3:49 pm

Thanks selva for your reply

Many Thanks
Abbi

bansal82
Newly Registered
Posts: 17
Joined: Wed Aug 17, 2011 7:32 pm
Location: Halifax

Re: Dependant speeding ticket,any impact on OUR ILR

Post by bansal82 » Wed Aug 17, 2011 7:53 pm

Selva

Thanks for your note.

Can you please confirm that person who got ILR stamped successfully with 2 FPN/PCN recieved both in last 12 months?

I have recieved 2 PCN (parking ticket issued by civil enforcement officer) in last 12 month, I have an appointment coming up in next 2 weeks, bit worried as do not want to waste £2025

Please advise

Thanks
AB

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 2:21 pm

Re: Dependant speeding ticket,any impact on OUR ILR

Post by selva » Thu Aug 18, 2011 11:59 am

bansal82 wrote:Selva

Thanks for your note.

Can you please confirm that person who got ILR stamped successfully with 2 FPN/PCN recieved both in last 12 months?

I have recieved 2 PCN (parking ticket issued by civil enforcement officer) in last 12 month, I have an appointment coming up in next 2 weeks, bit worried as do not want to waste £2025

Please advise

Thanks
AB
Hi AB,
As far as I know those are not within 12 months. Best way for you is that send a mail to UKBA, asking whether you need to declare and the impact it can make.

Send the email to UKBApublicenquiries@ukba.gsi.gov.uk
write FAQ in the start of the subject.

I strongly believe you should not be affected by this as paragraph 322 (5) says

(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;

which is relevant for multiple FPN/PCN.

Good luck for your ILR. Please update the result here once you got the ILR

Thanks and Good Luck

some update from UKBA

Question: 2 Fixed penalty and ILR
I did ask the question about 2 Fixed penalty within last 12 months and ILR

Answer:
Thank you for your enquiry.

Please be advised that Fixed Penalty Notices will not lead to refusal and cautions will not be counted either. However, where a person has several cautions and/or FPNs that leads us to conclude that it reflects poorly on their character, they could be refused under the general grounds for refusal.


Yours sincerely,

xxxxxxxxxxxxx
Immigration Group
UK Border Agency

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