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ILR & Road Tax penalty

Posted: Fri Jan 17, 2014 2:10 pm
by c4551m
Hi everyone,
My question is as I will be applying for ILR on 10 years basis next month, my car was once clamped for no road tax , but I paid the fine same day and sold the car, and moved to different address, but I didn't know about other charges from DVLA, and they might have sent warning letter at that old address and court letters which I never received as I didnt live at that property, the case gone to bailiff for collection of any debt and they traced me to my new address, and I paid a fine of 600 which said all court fee and other charges.
will this be treated as criminal offence and will it effect my application? as I had few car parking charges as well which I paid on time, kindly help me with this query.
Thanks

Re: ILR & Road Tax penalty

Posted: Fri Jan 17, 2014 3:29 pm
by benneviss
As far as your parking charges concern ; you do not have to worry about . You can read in the form itself .

Now for DVLA due , could you advice the year when you have paid your dues?

Re: ILR & Road Tax penalty

Posted: Fri Jan 17, 2014 3:37 pm
by c4551m
06/13 when i paid to the bailiff

Re: ILR & Road Tax penalty

Posted: Fri Jan 17, 2014 4:00 pm
by benneviss
RFL9.1 When can I refuse on character, conduct or associations - paragraph 320(19)?
Paragraphs 320(19) and S-EC.1.5. provide for a discretionary refusal of entry clearance on account of a person's conduct, character or associations. ECOs must be aware that there maybe more than one factor which would lead to the application being refused on character, conduct or associations grounds. While a person does not necessarily need to have been convicted of a criminal offence, the key to establishing refusal in this category will be the existence of reliable evidence necessary to support the decision that the person's behaviour calls into question their character and/or conduct and/or associations such that it makes it undesirable to grant them entry clearance. (replace ILR application with EC)

A non-exhaustive list could include:
. Deliberate Debting

In your case :-
It is not a deliberate Debting ; no pattern of behaviour to avoid liabilities .

Baillif order for a debt collection is not a criminal offence but a civil recovery . As long as you pay it off you are ok. Please do not confuse it with CCJ or Bankruptcy . If you have any of it then there is a question on your integrity and character .

As per HO guidance you can have reasonable debt and as long as you have a payment plan in place CW will grant you ILR.

Hope this helps.

Re: ILR & Road Tax penalty

Posted: Fri Jan 17, 2014 4:56 pm
by c4551m
Thanks alot.