PCNs/FPNs for ILR

JamesH41# wrote: ↑

Wed Sep 28, 2022 8:29 am

My wife submitted her SET(O) yesterday. We used an agent to hold our hands and all was good…

Until I read the application closely again (after it had been submitted) and noted the section under Convictions and other penalties, namely “…A penalty for a driving offence, for example disqualification for speeding or no motor insurance…”.

When checking the application before submitting I naturally thought the low level FPN she received 4 and a half years ago, which no longer appears on her driving record, does not fall into the category or driving offences that need to be disclosed. However, I read elsewhere that whilst a single FPN will likely have no bearing on a SET(O) application - the FPN needs to be disclosed here. Failure to disclose could be deemed misrepresentation and/or failing to disclose a relevant fact.

Cue enormous panic and frantic emails to the agent. They are of the opinion that, whilst it is too late to change the application, we could write a letter to include in the supporting documents she is going to upload (the birth certs, payslips etc.). In the letter I wrote that we think we made a mistake by not disclosing the FPN, the reason we thought it needn’t be disclosed, and that we apologise and asked them to take the letter as formal disclosure of the 4.5 year old FPN that has been paid and forgotten about.

I am still in panic mode. We paid super priority and her biometric appointment is in 10 days time - so there’s really nothing we can do except wait (and panic).

Not sure if I’ve done the right thing, but the way I see it is: the FPN doesn’t reach the criminality threshold and if they take the application as a whole - including the supporting documents and the disclosure letter - they can’t reasonably refuse on the grounds of misrepresentation and/or failure to disclose a relevant fact.

Any thoughts?