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ILR and Traffic Offence

Posted: Mon Dec 31, 2012 10:22 pm
by mrashid10249
Dear Members

unfortunately, few days ago, i faced a FPN for not obeying white lines while merging on a motorway. i received BC30 code with 60 pounds fine and 3 points on my licence. i would be eligible to apply for IRL in April 2013. would this FPN impect on my ILR application under new rules plz? do i need to wait for 24 months before applying ILR? in case in wont be eligible, what options i may have plz?

your response will be much appreciated

regards

Posted: Tue Jan 01, 2013 12:55 pm
by mrashid10249
could anybody reply plz....any suggestions

Posted: Tue Jan 01, 2013 1:46 pm
by alanwong
mrashid10249 wrote:could anybody reply plz....any suggestions
Hi, mate, I guess you are OK, but I am not expert on it.

Have a look at the following:
This page tells you how to consider an application from someone who has or has had a
fixed penalty notice.
A way of the criminal justice system disposing of fairly minor offences without the need for a
person to attend court is to issue a:
 fixed penalty notice (FPN)
 penalty charge notice (PCN), or
 penalty notice for disorder (PND).
Receiving one does not form part of a person’s criminal record as there is no admission of
guilt. You must disregard them for the purposes of checking if they amount to a conviction
for an offence. However you must be aware of the exceptions, as follows.
 There are criminal proceedings for failure to pay and the individual receives a more
serious penalty as a result. The new penalty imposed must be the starting point for
considering if the applicant is refused within a different refusal category. Or
 The person has multiple penalty notices, or one or more penalty notices alongside
other non-custodial sentences, particularly over a short period of time. You must
consider if, additionally or alternatively, the character, conduct and associations
provisions apply.
For further information, see related links:
 Character, conduct or associations
 Penalty notices for disorder.

the above is taken
page 53 of the link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary