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New criminality threshold (traffic)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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ojliaa
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New criminality threshold (traffic)

Post by ojliaa » Wed Nov 06, 2019 1:51 pm

Dear Mr Obie and Respected Board Member,

Case History:

Last year, my car was clamped by NSL Ltd of DVLA on Friday 11-05-2018 due to keeping the SORN car on a public road. Then I purchased a new Vehicle Tax (£155) from the DVLA on Monday 14-05-2018 and also paid the Release fee (£100) to NSL Ltd, so the car was released/unclamped. After this, I had declared DVLA on 25-05-18 by online service that I have sold the car. I had got confirmation from DVLA that I am no longer the registered keeper of this vehicle.
I had moved the address on 16-06-18 in London and I was totally unaware of any correspondence from DVLA or any Court proceedings if they sent on my previous address.

On my current address, I received the first letter (Dated:14-10-19) from Marston on 18-10-19 that I have not paid the fine of £640 and A court order (Warrant of Control) has been made against me. So, I was then aware of the case but still wondering about the query. Then I emailed to HMCTS and also  Marston on 22-10-19. I got a reply from HMCTS that this was a fine due to keeping the SORN car on a public road (Not sure this was a different Enforcement Action or fine from DVLA apart from new tax and release fee)
I applied for section 14 Statutory Declaration on 29-10-19 in the local Magistrate Court and I have been confirmed hearing on 21-11-19. 
And then final notice letter was received on 30-10-19 from Marston but my case was set-aside until the hearing of my Statutory Declaration.

My questions are:

1. Should I mention at a page asking 'Criminal Conviction' in my next FLRFP Visa Extension application due on 14-11-19 about this sentencing/a warrant of control against the offence which is not truly based and still needs to be heard in the magistrate court on 21-11-19?

2. Would this case effect either my ILR application due in April 2020 or British Citizenship application due in May 2020 (As my spouse and both kids are British), even if I will pay any due course fine?

3. Do any Best Solicitor recommendations please for hearing on Thursday 21-11-2019?

Thanks a lot in advance.

Best Regards
Ojliaa

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zimba
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Re: New criminality threshold (traffic)

Post by zimba » Wed Nov 06, 2019 2:18 pm

No influence on FLR(FP)
For ILR, only recordable offences matter. Keeping the SORN car on a public road is NOT a recordable offence.
British citizenship good character requirement considers ALL your history so this may affect you.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ojliaa
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Re: New criminality threshold (traffic)

Post by ojliaa » Wed Nov 06, 2019 7:52 pm

Zimba wrote:
Wed Nov 06, 2019 2:18 pm
No influence on FLR(FP)
For ILR, only recordable offences matter. Keeping the SORN car on a public road is NOT a recordable offence.
British citizenship good character requirement considers ALL your history so this may affect you.
Dear Zimba, Really appreciated for your kind reply.
Just a quick one that while applying for renewal application, should I declare this case at the Convection page? Thanks again in advance.

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zimba
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Re: New criminality threshold (traffic)

Post by zimba » Thu Nov 07, 2019 2:29 am

No
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ojliaa
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Re: New criminality threshold (traffic)

Post by ojliaa » Thu Nov 07, 2019 10:18 pm

Zimba wrote:
Thu Nov 07, 2019 2:29 am
No
Thank you so much, dear Zimba

ojliaa
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Re: New criminality threshold (traffic)

Post by ojliaa » Wed Dec 04, 2019 12:19 am

Hello! There, Just to update that might be helpful for someone else...

My case was set-aside on the hearing of my Statutory Declaration. I have been asked to pay only fixed fine £190 (reduced from £640) which was issued at the initial stage but on my previous address by DVLA.
As per Zimba's advice that Keeping the SORN car on a public road is NOT a recordable offence so I did not declare in my recent renewal FLRFP visa application which I submitted before hearing date. Last week I received the letter from Magistrate court for the fixed fine and then I paid online.

On Friday, for UKVCAS Super Priority service, I attended a core service point for scan of my passport; photograph of my face and scan of my fingerprints with a digital signature.

Yesterday, I received an email from the Home office that my visa application for leave has now been granted. And I will receive my decision letter with biometric residence permit (BRP) in due course. Almighty Allah be very much Thanked! Finally, stress is over.
Thank you very much, dear Zimba and Obie, for providing timely and precious advice. Greatly appreciated. This is really a great forum.

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