Traffic offence and ILR

gidoc wrote:NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards

That instruction .. not more than 1 FPN in 12 months ... only applies to naturalisation application. The IDI on criminality threshold regarding settlement application does not suggest anything of that sort, and any such advice by NCS (as above) must be taken with a pinch of salt.

I agree, however if you do have them, they will come into play when applying for naturalisation, in a years time.

gidoc wrote:I agree, however if you do have them, they will come into play when applying for naturalisation, in a years time.

How?

More than 1 FPNs in the 12 months preceding the naturalisation application may lead to a refusal (as it suggests a pattern of offending). More than 1 FPNs in 12 months before settlement application will be irrelevant at the time of naturalisation application because such FPNs will fall out of the period in consideration (12 months preceding the naturalisation application).

Quoting from criminality requirement guidance:

Page 3, paragraph 4

"Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules."

DarkKnight007 wrote:Quoting from criminality requirement guidance:

Page 3, paragraph 4

"Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules."

Who could please explain this (FPN) specifically, does a driving without insurance (got a FPN and 6 points without going to court) belong to this?

similar situration as me.

sushdmehta wrote:

nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards

1. It's 07-Nov-06.
2. 245CD(a).

Thanks for correcting(it was a typo). I have corrected original post as well.

cheers

sameer2012 wrote:

sushdmehta wrote:

nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards

1. It's 07-Nov-06.
2. 245CD(a).

Hi
Can someone please guide me the points on the licence would be removed after 4 years or 5 years.
According to DVLA website, It stays till 4 years but I have found some posts here stating that It will remove after 5 years.Please provide a link regarding this 5 years rule If you can.
Where it is stated that It will not effect your ILR If you don't go to court against your traffic offences.
Thanks

in 4 years . endorsement on your lic will be removed but if you were convicted (got fine through court) it will take 5 years to spent from date of conviction.

cheers

gidoc wrote:NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards

If applicant is covered under HSMp JR then it will not effect his/her application for ILR

cheers

nswapnil wrote:Hi rajesh_kumar01

Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?

Regards

sorry it was Nov 2006 .... I think after that HSMP was scarped .
Check page 14

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

hi all..
NEED SOME CLEAR ADVISE.

I RECEIVED A FIXED PENALTY FOR SPEEDING AND THE LETTER DID NOT REACH ME DUE TO CHANGE OF ADDRESS. I WAS TOLD TO ATTEND COURT AND WAS GIVEN 4 POINTS AND 236 FINE. WILL THIS AFFECT MY 10 YEAR LONG ILR SETTLEMENT . THE CONVICTION OCCURED IN NOV 2013.

PROPER ADVISE WOULD BE APPRECIATED

MO

ACTUALLY 2012

ALSO THIS IS THE ONLY CONVICTION FOR THE LAST 10 YEARS

Do not type in capitals.

You should contact a criminal law solicitor and see if you can submit a statutory declaration to set aside that conviction. If not, a non-custodial conviction is a general grounds for refusal for ILR for 24 months, thus an extension may be necessary.

I have applied for ILR under 10 years long residence category.

I received three points on my license and £60 fine on 26/11/2012.

At the time of filling application SET (LR) under the civil penalty question I was asked :

E4. Give details for each civil judgment or any civil penalty under the UK Immigration Acts,
starting with the most recent one. If you have received more than two civil judgments and/or
civil penalties under the UK Immigration Acts, please photocopy this page and enclose it with
this form.

I wrote that I was given three points on my drivers license and attached copy of the counter part with the application.

The confusion I have is that I have mentioned getting three points on my license but forgot to mention that I had paid £60 fine as part of this fixed penalty.

Is this going to have any affect on my application or mentioning about my three points penalty will suffice the requirement?

Thank you in advance.

Can you explain why you wrote the conviction in civil Judgment section? I think that should be in the Criminal Conviction Section????