Settlement application

Hi,

I got HSMP approval on 3rd Nov 2006 and need to apply for settlement next month. I have got a Fixed Penalty Notice (3 point and £60 fine) in Dec 2009 for speeding, so police has stopped me and issued the FPN. I have paid £60 fine immediately.

My question is, how to mention this in the application(SECTION 7 - PERSONAL HISTORY)?

The first question is

7.1 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?

Do I need to answer YES or NO for the above question?

Please can anyone help me on how to mention my Fixed Penalty in the 'PERSONAL HISTORY' section?

Thanks in advance.
Suni

FPN are not considered as criminal Offence. They are not even covered by Rehabilitation of the Offenders Act 1974. FPN will not be shown in National Police Database as crime.

So you are safe and even if you disclose it it will not create a problem for you.

As long as it becomes unspent before you apply for settlement you are ok.
Please bear in mind it takes four years for the 3 points on your licence to become unspent and get cleared fom Dvla data base.

Check the paper counter part of your driving licence it must have been written there with 3 points.

If you are going for extention on tier 1 general you have no problem but on settlement its a problem if its unspent before you apply.

Cheers

Hi zahid.ali.anwar and lahanotu,

Many thanks for your replies.

zahid.ali.anwar - Could you please let me know how to disclose this in the application, if I need to?

Thanks
Suni

lahanotu wrote:If you are going for extention on tier 1 general you have no problem but on settlement its a problem if its unspent before you apply.

The type of offence OP has stated is not a worriable offence even at the time of ILR. Becuase there is not spending period for this offence. This is a minor traffic offence and OP hasn't received the FPN through court. If court had given him the points then it will be a problem and he has to wait for the points to be removed before applying for ILR.

Sunimal02 wrote:Hi zahid.ali.anwar and lahanotu,

zahid.ali.anwar - Could you please let me know how to disclose this in the application, if I need to?

7.1 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?

Do I need to answer YES or NO for the above question?

Just tick NO here. As this is not a Criminal conviction. The traffic offence they are refering, if the one convicted by court and magistrate. Since it is a normal FPN. So jsut tick NO here.

Hi zahid.ali.anwar,

Many thanks for your help on this and much appriciated. I hope this forum will help anyone as well.

Suni

Hi,

My HSMP was approved before 7th Nov 2006 and got 2 years HSMP visa for 2 years. After 2 years I have applied for an extension for 3 years using HSMP Judical Review (Extension of stay).

When I received the passports after the 3 years extension, it was stamped as Tier 1 (General), eventhough I have applied using the HSMP Judical Review Policy Document.

My question is, I have to apply settlement in few months and in the application form I have to select the category in which I apply for indefinite leave to remain. There are two Tier 1 options as in the below.

Section A : Tier 1 (General) migrant (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document)

Section B : Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

I never been in the point based scheme, so if I select Section A - Tier 1, then I need to score 75 points. If I select Section B - Tier 1, then I do not need to score points.

Can any one tell me which option should I select as I am confused?

Thanks in advance.
Suni

Sunimal02 wrote: Section B : Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

You need to tick this one

Hi zahid.ali.anwar,

Many thanks for your help.

I will select Section B : Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Regards,
Suni