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Traffic Offence and ILR-Advise please

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Traffic Offence and ILR-Advise please

Post by Krish81 » Sun Dec 11, 2011 9:57 pm


I need your help in filling SET-O form.

I am covered under HSMP JR pre Nov 2006 and was caught on speed camera few months ago(july 11). I opted for speed awareness course as an alternative to penalty and fine . I attended the course in september 2011 and no penalty,no fine,no conviction and no endorsement on license.

I had enhanced CRB as part of my job in september 2011(after my traffic offence & before my course) which was clear.

I called Surrey police and they said my case is closed.

Please kindly advise me : Do I have to disclose in the personal history regarding traffic offence under criminality section in SET(O) form?
I am confused as not disclosing be a problem as i am covered under Judicial Review Criminality threshold.(but not under general grounds, good character etc)

If i have to disclose where and how to disclose?
i.e saying 'yes' in criminality section and explain in the boxes below OR saying 'yes' and explaining in the covering letter.

Many Thanks in advance

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Post by zahid.ali.anwar » Sun Dec 11, 2011 10:47 pm

You can disclose it. As it will have no negative impact on your case. You can write it in the specific section of the form. There is no need to describe this in cover letter.
The question is... to be or not to be....

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Re: Traffic Offence and ILR-Advise please

Post by karthik71080 » Mon Dec 12, 2011 7:28 am


I Was having the same issue and i wrote to ukba for clarification please see their response below.

Dear Sir,

Thank you for your enquiry.

Please be advised that the fixed penalties and points do not need to be declared unless they were given in court. There are distinctions between court fines and issued fines. Issued fines are fixed penalty notice (FPN) given to individual due to parking tickets etc. If the individual issued the FPN notice has been referred to a court (or likewise a fiscal fine in Scotland) because of non payment of the fine, or the notice has been challenged by the individual concerned, and the Court upholds the fixed penalty notice (FPN) then this is treated as a conviction for the purposes of the Rehabilitation Act.

I hope that this information will be of assistance to you.

Yours faithfully,

Amrit Haria
Immigration Group
UK Border Agency