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Undecalred FPN on ILR Application

Posted: Thu Aug 22, 2019 12:33 pm
by Ajay24
Hello Group and gorgeous experts!

I am a newbie here, mainly posting for my cousin who is a Tier1 Entrepreneur Dependent filing ILR and hugely scared due to an undeclared FPN.

Long story short, she visited a high street store in 2016 where the sales girl packed dresses and included two with security tags as well by error. She only found out when she was going out of the store and the security alarms were triggered by the tags. She explained the situation but her English is not good and the store manager was a bully who called the police. She was kept there for 4 hours as the officer was not available. When he arrived, he was in hurry. He sympathised with her but told her he was in hurry and she needed to pay the £85 fine or go to the court. She was already so much distressed that she conceded to pay to get over the ordeal. She was photographed and probably her finger prints were taken as well. No court or further proceedings were involved and it was a one off incident.

Her husband sent his extension in the latter part of 2016. When they disclosed this situation to their solicitor, he brushed it off saying it was not worthy of reporting being an FPN. They got the extension and now filing the ILR. She is really scared as she has been reading about it and found that P&D/FPN is recordable/notifiable.

Her stay as Tier1 Entrepreneur dependent complete. There is nothing else apart from one refusal in 2011 under 322 (1A) when her application for switchover to Tier1 General was rejected. She joined her husband as a dependent from 2013 onward.

The following questions are haunting her where we need help from the experts:

1. Should she report this incident in her ILR form/cover letter now while two and half years have passed?
2. If she reports it now, will it tantamount as concealment of facts as it was not declared during the extension time.

Your kind help will be much appreciated.

Best, AjayX

Re: Undecalred FPN on ILR Application

Posted: Thu Aug 22, 2019 1:34 pm
by zimba
FPNs have no effect on ILR

Re: Undecalred FPN on ILR Application

Posted: Thu Aug 22, 2019 4:27 pm
by Ajay24
Thanks Zimba!
We looked at the document. It is called PND. Are PND and FPN same things?
As mentioned earlier, it did not have any effect on extension that was granted afterwards.
Best, AjayX

Re: Undecalred FPN on ILR Application

Posted: Thu Aug 22, 2019 5:12 pm
by zimba
Yes they simply stay on the police database but have no effect on the ILR.

Penalty notices for disorder (PND)
Penalty notices for disorder are a simple and swift way for officers to deal with low level, anti-social and nuisance behaviour, such as littering, wasting police time, and drunk and disorderly.

Once the notice has been issued the person must either pay the amount shown or request a hearing within 21 days, details of which are shown on the back of the notice.

https://www.askthe.police.uk/content/Q222.htm

Re: Undecalred FPN on ILR Application

Posted: Fri Aug 23, 2019 12:16 pm
by Ajay24
Correct Zimba - Thanks.
However, my question is whether they should declare it on their upcoming ILR application/cover letter on Monday or there is no such need? My cousin is worried that if she doesn't declare it, it could tantamount to deception? What is your advice?
AjayX

Re: Undecalred FPN on ILR Application

Posted: Fri Aug 23, 2019 2:21 pm
by zimba
Only convictions have to be declared. So this is optional