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Will FPN ban my ILR application, please help

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.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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jerryyang
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Will FPN ban my ILR application, please help

Post by jerryyang » Mon May 16, 2011 11:03 am

Hi guys,
I am very upset recently as I have 3 points and 140 pounds fine for speeding.
I took holidays in Wales in July 2009. During that time, I drive at 42mph on 30 mph road.
I was then send a notice letter couple of weeks later from Wales police station. The worse thing is I did not recognize this letter until Christmas. This is because I did not lived in my DVLA registered address every day, so did not check my mailbox very often.
I informed Wales police station immediately once I notice this letter and apologized this. Then I was told my case had been sent to Majestic count., so there was nothing I can do but wait…
In Feb 2010, I finally received a letter from Majestic count saying 3 points of FPN and 140 pounds. I posted my driving license and pay the find….
This is the whole story. My situation is:
01/08/2006-01/08/2008 HSMP
21/08/2008-20/08/2011 Tier1(General).
Two employers in the last 4.5 years. Current permanent job.
So now I am planning to apply ILR around 5th July 2011 (28 days before 01/08/2011, am I right?). I should fall into the HSMP judicial review policy catalog..
I will definitely mention this FPN in the application form. But I am not sure If this will ban my application? Any comments and suggestions is appreciated!
Last edited by jerryyang on Mon May 16, 2011 1:41 pm, edited 2 times in total.

vinny
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Post by vinny » Mon May 16, 2011 11:31 am

Last edited by vinny on Fri Jul 15, 2011 3:04 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jerryyang
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Joined: Mon Feb 27, 2006 12:59 pm

Post by jerryyang » Mon May 16, 2011 1:59 pm

Thanks vinny! I have looked at the document you linked to me.
Reading that, I suddenly recalled the other thing (sorry I did not mean to hide this).
In Nov 2010, (15 months after the first speeding in Wales and only 8 months after I got the FPN) I speeding again. Blame me please! It is a new road which limited at 40m/h. I was at 50 miles/h when I was caught by the new camera there.
Then I was asked to attend a speed awareness course instead of a find and penalty points. Now my question is, should I mentioned this on the application form? Does this negative impact my application?
Thanks in advance!

jerryyang
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Can senior members please give some comments?Thanks!

Post by jerryyang » Wed May 18, 2011 10:56 am

Can senior members please give some comments?Thanks!

kenfrapin
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Post by kenfrapin » Wed May 18, 2011 3:22 pm

You only have to mention if you have a Criminal conviction and this excludes any spent convictions.
Its clear you dont have to mention it because it did not result in a criminal conviction.

FPN also is fine unless you have multiple FPNs. Your other offence for which you attended the course clearly did not result in any points nor a FPN and is thus discounted.

KP

jerryyang
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Post by jerryyang » Thu May 19, 2011 9:15 am

Kenfrapin, thank you!
I am not worry abou this now. I will never speeding any more!
I gonna to prepare the application form now. Cheers.

jerryyang
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Post by jerryyang » Thu May 19, 2011 3:54 pm

Hi guys,
I double checke the new form and it says:
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?

Does speed awareness course means a kind of criminal conviction?
I guess not, am I right?

vkwpilr
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Post by vkwpilr » Thu May 19, 2011 10:41 pm

Does speed awareness course means a kind of criminal conviction?
No it doesn't, yor are right.

jerryyang
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Post by jerryyang » Fri May 20, 2011 8:52 am

Thanks vkwpilr!
So I will not mention the speed awareness course in the ILR form.
Cheers.

jerryyang
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one more question about the SET(O) form

Post by jerryyang » Fri May 20, 2011 4:39 pm

Can any body tell me the difference meaning of the following two.
In ILR form section 7 personal history, there are two forms need to fill in.

One is â€

nomibhatti
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Re: one more question about the SET(O) form

Post by nomibhatti » Sun May 22, 2011 9:54 am

[quote="jerryyang"]Can any body tell me the difference meaning of the following two.
In ILR form section 7 personal history, there are two forms need to fill in.

One is â€

kenfrapin
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Post by kenfrapin » Sun May 22, 2011 1:43 pm

All,

There is a very simple answer to this.

The only way one gets a conviction or a criminal record is when a case is made against you, you go to the court or abstain from it, and the judge passes a ruling against you and CONVICTS you of the charges brought against you - this is the ONLY time you get CONVICTED and need to mention this in the application

If you are speeding and left with a warning, if you get an FPN, if you go for a course or anything else - none of these count as a CONVICTION - unless you had to go to court and had a judge look at the specific case.

Try to remember that to get a Conviction, you first need to be CONVICTED which is only done in a court if a judge upholds charges made against you - be it a driving conviction or a murder conviction. This is why the form specifically states Criminal Conviction and adds 'including traffic offences'

There is no harm in mentioning this in the form as they will not hold it against you - so whether you decide to mention it or not, as its not a CONVICTION but something done in lieu of it, it should not impact your ILR

KP

jerryyang
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Post by jerryyang » Wed Jun 01, 2011 11:01 am

Hi kenfrapin,
Thanks for your reply. More clear now.
Can anyone expliane me what is "Nature of the criminal offence and/or civil action" mean in the form? what its should be fill in if I mention my speeding FPN.

watfordguy
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Post by watfordguy » Wed Jun 01, 2011 9:54 pm

could you please inform us of the result of your application after you go to the HO as many people waiting to see the case where a application is submitted with a FPN... I wish the best luck ...

jerryyang
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Post by jerryyang » Thu Jul 07, 2011 3:15 pm

Hi,
I have just got my ILR visa this week. Thanks all your guys support. This is really a helpful forum.
I asked case worker about my FPNs issue after have been informed that my case successed.
Two points I have been replied by case worker.
Firstly, FPN should be mentioned on the form.
Secondly, as I was unnder HSMP JR, this is not a problem. Case worker did not reply me if this would be a problem for Tier1 holder, but for my case she said nothing to worry about.

I have prepared lot of documents. But only the following documents were been asked and copied by case worker:
last three months bank statements.
last three months payslips.
support letter from emploer.
Registration certification from police station.
HSMP approval letter.

All bests.

mk357
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Post by mk357 » Thu Jul 07, 2011 8:16 pm

jerryyang wrote:Hi,
I have just got my ILR visa this week. Thanks all your guys support. This is really a helpful forum.
I asked case worker about my FPNs issue after have been informed that my case successed.
Two points I have been replied by case worker.
Firstly, FPN should be mentioned on the form.
Secondly, as I was unnder HSMP JR, this is not a problem. Case worker did not reply me if this would be a problem for Tier1 holder, but for my case she said nothing to worry about.

I have prepared lot of documents. But only the following documents were been asked and copied by case worker:
last three months bank statements.
last three months payslips.
support letter from emploer.
Registration certification from police station.
HSMP approval letter.

All bests.
Congratulations. Why was the employer letter asked for?

guyintheuk
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Post by guyintheuk » Thu Jul 07, 2011 8:33 pm

congratulation...
I have a question please ...
when you have that the FPN sould be mentioned on the form .. could you please explain in which way it should be mentioned ? for example should the answer for q.7.1 be YES ?

thx

jerryyang
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Post by jerryyang » Thu Jul 07, 2011 11:11 pm

mk357,
Honestly, I don't know. case worker asked this after I have shown her last three months' bank statements and payslip. After checked with me if she can keep the original letter, she keep it with the SEO form.
Guyintheuk,
Yes. I answered YES in the form.

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