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Driving fine abroad and EU settlement application

Posted: Thu Jan 24, 2019 10:01 pm
by pierosl
Hello,
I'm trying to gather all the information that I need to apply for the pre-settled status.
I'm an Italian guy, living in the UK since 2017.
When I was still living in Italy (in December 2015) I received a fine for driving in a bus lane. There was no court order and no point penalty. I just paid the fine as soon as I received the bill at home and all ended there. Actually I wasn't even in the car: my boyfriend was driving it in another town, but since the car was in my name the fine arrived to me. The Italian police didn't even permit me to revolve the fine in his name.

My question is: do I have to declare this offence in the application form? As far as I know technically it doesn't even qualify as a conviction, but things may be different in the UK.
For sure in Italy it qualifies as an "administrative illicit" rather than a crime, but again things may be different here.

Can someone tell me how to proceed? Can the fine impede my application for the pre-settled status?

Thanks,
Piero

Re: Driving fine abroad and EU settlement application

Posted: Thu Jan 24, 2019 10:41 pm
by alterhase58
Not sure this helps - from the gov.uk website - https://www.gov.uk/settled-status-eu-ci ... led-status

If you have criminal convictions
If you’re 18 or over, the Home Office will check you have not committed serious or repeated crimes, and that you don’t pose a security threat.

You’ll be asked about your criminal history in the UK and overseas. You’ll also be checked against the UK’s crime databases.

If you’ve only been convicted of a minor crime, for example you’ve had a speeding fine, you’ll still be eligible for settled or pre-settled status.

You may still get settled or pre-settled status even if you have other convictions. This will be judged on a case-by-case basis.

If you’ve been to prison, you’ll usually need at least 5 years’ continuous residence from the day you were released to be considered for settled status.

Re: Driving fine abroad and EU settlement application

Posted: Thu Jan 24, 2019 11:01 pm
by kamoe
pierosl wrote:
Thu Jan 24, 2019 10:01 pm
My question is: do I have to declare this offence in the application form? As far as I know technically it doesn't even qualify as a conviction, but things may be different in the UK.
For sure in Italy it qualifies as an "administrative illicit" rather than a crime, but again things may be different here.
Hi Piero,

Quoting myself from an older post, I can tell you this:
I might be able to give you a small insight as I attended a webinar today delivered by the Home Office (arranged by the immigration firm that managed my Tier 2 visa a while ago).

They explained that a criminal record check is the third step of the Settled Status process, and they stressed very specifically they were not after people who had committed minor offenses. Obviously, it is not straightforward to say what "minor" means, it will depend on your case, but they did explain that this follows what in many countries is a standard procedure against terrorism.

There will be a section in the online form where you can declare your convictions, and the form will ask further questions as appropriate. They explain this is in place to "prune out" minor offenses from red flags (red flags meaning international terrorism), and that it is not their intention to go after everyone's traffic offenses.

Re: Driving fine abroad and EU settlement application

Posted: Fri Jan 25, 2019 8:49 am
by pierosl
Thanks everybody!

Piero

Re: Driving fine abroad and EU settlement application

Posted: Fri Jan 25, 2019 10:52 am
by DCPerera
Good morning Everyone!
I would like to get some help in regards to my EEA PR application.
I have been living in UK for nearly 14 years and I am non EU family member, my wife is a European national who has settle status. I am eligible to apply for PR under 5 continues living as a family member to EEA national and my dependent visa runs out on 27 March 2019. I have a pending TFL ticketing offence and I received a court summons for 29th March 2019. I am going to disclose this on my application but I am worried that this will affect my PR. I would be grateful if someone can help me please.

Re: Driving fine abroad and EU settlement application

Posted: Fri Jan 25, 2019 10:55 am
by kamoe
DCPerera wrote:
Fri Jan 25, 2019 10:52 am
I am worried that this will affect my PR.
If you read my previous message, you'll see that The Home Office put that section there to look for signs of organised international terrorism, as dictated by international standards. Not traffic offenses.

Re: Driving fine abroad and EU settlement application

Posted: Fri Jan 25, 2019 11:00 am
by DCPerera
Thank you very much, my one is a TFL ticketing offence and that mean hopefully, it will not affect my application. Much appreciated!