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Procurator Fiscal Warning ILR SET(O) - 2019

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kingdom786
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Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sat Nov 02, 2019 4:53 pm

Hi everyone, I am filling SET (O) via Tier 2 General. I have completed 5 years on Tier 2 General last month. I live in Scotland and due to an incident in January this year, I have got a Fiscal Warning from Procurator Fiscal. I have selected YES to the question below:
Have you, or any dependants who are applying with you, been subject to, or received, any other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar penalties in the UK or any other country?

My Questions are: A: Do I need to give details of the Fiscal Warning? If yes, can anyone help me with the representation or explanation cover letter? Any templates please?

Question B: what is your pay each month after income tax and other deductions? Is this figure which is shown on my payslips after all tax & pension deductions?

Question C: I have lost last 2 years council tax letters and council is not producing one as they said that it's end of the year. Are mobile contract, broadband bills and rental lease enough?

Question D: Relative to Question A, ILR guidance says it needs to be 24 months preceding the date of a penalty recorded on the criminal record but Fiscal Warning is not part of the criminal record, it stays on Scottish Criminal History (CHS) for 2 years. (Just let me know if I have the right information, I gathered this information from Procurator Fiscal and Crown Service Office in Scotland).

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sun Nov 03, 2019 12:37 pm

Kindly help if anyone knows these? Many thanks

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zimba
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by zimba » Sun Nov 03, 2019 1:20 pm

My Questions are: A: Do I need to give details of the Fiscal Warning? If yes, can anyone help me with the representation or explanation cover letter? Any templates please?
Question D: Relative to Question A, ILR guidance says it needs to be 24 months preceding the date of a penalty recorded on the criminal record but Fiscal Warning is not part of the criminal record, it stays on Scottish Criminal History (CHS) for 2 years. (Just let me know if I have the right information, I gathered this information from Procurator Fiscal and Crown Service Office in Scotland).
It seems such warning is not a criminal conviction and has no effect on your criminal record. Simply declare this no need for a letter
https://www.mygov.scot/police-fiscal-warning-penalty/
Question B: what is your pay each month after income tax and other deductions? Is this figure which is shown on my payslips after all tax & pension deductions?
Yes
Question C: I have lost last 2 years council tax letters and council is not producing one as they said that it's end of the year. Are mobile contract, broadband bills and rental lease enough?
Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by mashayekh_hosein » Sun Nov 03, 2019 2:10 pm

kingdom786 wrote:
Sat Nov 02, 2019 4:53 pm
Question B: what is your pay each month after income tax and other deductions? Is this figure which is shown on my payslips after all tax & pension deductions?
I have just applied for ILR through SET(O) online form as well and I was not asked this question! All that the form asked me to fill in was to answer "what is your current rate of pay?", which I responded with the annual gross pay, not monthly net pay! No other question on income, etc.

I am just wondering if I have done a mistake or something that this question has not poped in from me!!

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sun Nov 03, 2019 4:31 pm

Zimba wrote:
Sun Nov 03, 2019 1:20 pm
My Questions are: A: Do I need to give details of the Fiscal Warning? If yes, can anyone help me with the representation or explanation cover letter? Any templates please?
Question D: Relative to Question A, ILR guidance says it needs to be 24 months preceding the date of a penalty recorded on the criminal record but Fiscal Warning is not part of the criminal record, it stays on Scottish Criminal History (CHS) for 2 years. (Just let me know if I have the right information, I gathered this information from Procurator Fiscal and Crown Service Office in Scotland).
It seems such warning is not a criminal conviction and has no effect on your criminal record. Simply declare this no need for a letter
https://www.mygov.scot/police-fiscal-warning-penalty/
Question B: what is your pay each month after income tax and other deductions? Is this figure which is shown on my payslips after all tax & pension deductions?
Yes
Question C: I have lost last 2 years council tax letters and council is not producing one as they said that it's end of the year. Are mobile contract, broadband bills and rental lease enough?
Yes
Thank you for the clarification, much appreciated.

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sun Nov 03, 2019 4:34 pm

mashayekh_hosein wrote:
Sun Nov 03, 2019 2:10 pm
kingdom786 wrote:
Sat Nov 02, 2019 4:53 pm
Question B: what is your pay each month after income tax and other deductions? Is this figure which is shown on my payslips after all tax & pension deductions?
I have just applied for ILR through SET(O) online form as well and I was not asked this question! All that the form asked me to fill in was to answer "what is your current rate of pay?", which I responded with the annual gross pay, not monthly net pay! No other question on income, etc.

I am just wondering if I have done a mistake or something that this question has not poped in from me!!
It has asked me question "What is your current rate of pay"? and then after giving my annual figure to this one, it asked me next question as stated above.

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sun Nov 03, 2019 5:29 pm

In 2017, Scotland, I had a Summary Warrant from Stirling Park for late payment of council tax, I was admitted in the hospital at that time and couldn't focus on this. After couple of weeks, I was sent a CHARGE for the payment of money from Stirling Park. I called them and paid everything there and then, account is up to date now. Do I need to mention this? Or not needed? From the link below, it seems like they need a decree from court to send that letter. https://www.mygov.scot/debt-decrees/

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by zimba » Sun Nov 03, 2019 7:23 pm

kingdom786 wrote:
Sun Nov 03, 2019 5:29 pm
In 2017, Scotland, I had a Summary Warrant from Stirling Park for late payment of council tax, I was admitted in the hospital at that time and couldn't focus on this. After couple of weeks, I was sent a CHARGE for the payment of money from Stirling Park. I called them and paid everything there and then, account is up to date now. Do I need to mention this? Or not needed? From the link below, it seems like they need a decree from court to send that letter. https://www.mygov.scot/debt-decrees/
No.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Mon Nov 04, 2019 2:30 pm

Zimba wrote:
Sun Nov 03, 2019 7:23 pm
No.

[/quote]

Thanks. Couple of Questions from the form which I am confused about, please help.

Q1: When did you First enter UK? Is it the date I came to UK as a student i.e. 2009 or the date when I got my first Tier 2 visa i.e. 2014? Just to add that I switched from Tier 4 to Tier 2 within the UK so I didn’t had to leave the country.

Q2: Have you lived in any other country including your place of birth? I was born in Pakistan and came here in 2009. What should be the answer to this ambiguous question?

Q3: Absences from UK on Tier 2 or Overall since 2009 (Including Tier 4)?

Q4: Please tell your Case ID or Home Office Ref Number: I have an approval letter from Tier 2 extension which says ref number but should it be mentioned as it’s previous visa which was granted.

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Wed Nov 06, 2019 10:34 am

Please reply as the questions are quite ambiguous.

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by zimba » Wed Nov 06, 2019 1:21 pm

1. Date you entered the UK first
2. Say NO
3. The last 5 years under Tier 2
4. No need to answer that
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Wed Nov 06, 2019 4:58 pm

Zimba wrote:
Wed Nov 06, 2019 1:21 pm
1. Date you entered the UK first
2. Say NO
3. The last 5 years under Tier 2
4. No need to answer that
Thank you

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Sat Nov 09, 2019 2:35 pm

Thank you all and especially Zimba. Just to let you know that I have declared and done as mentioned above and my ILR has been granted. Waiting for BRP. My wife's visa is going to expire soon and she is still on Tier 2 Dependent Visa as I had Tier 2 General.
Question: Which visa I need for my wife? She still needs 3 years to complete her 5 years for ILR.

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by zimba » Sun Nov 10, 2019 4:47 pm

kingdom786 wrote:
Sat Nov 09, 2019 2:35 pm
Thank you all and especially Zimba. Just to let you know that I have declared and done as mentioned above and my ILR has been granted. Waiting for BRP. My wife's visa is going to expire soon and she is still on Tier 2 Dependent Visa as I had Tier 2 General.
Question: Which visa I need for my wife? She still needs 3 years to complete her 5 years for ILR.
She remains under PBS dependant until eligible for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

kingdom786
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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by kingdom786 » Fri Nov 15, 2019 5:34 pm

Zimba wrote:
Sun Nov 10, 2019 4:47 pm

She remains under PBS dependant until eligible for ILR
As I have received ILR, my company does not want to renew their sponsorship licence and it expires soon. Does that effect my wife's visa extension as PBS dependant?

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Re: Procurator Fiscal Warning ILR SET(O) - 2019

Post by CR001 » Fri Nov 15, 2019 6:06 pm

kingdom786 wrote:
Fri Nov 15, 2019 5:34 pm
Zimba wrote:
Sun Nov 10, 2019 4:47 pm

She remains under PBS dependant until eligible for ILR
As I have received ILR, my company does not want to renew their sponsorship licence and it expires soon. Does that effect my wife's visa extension as PBS dependant?
No!! She is dependent on YOU, not your sponsor.
Char (CR001 not Casa)
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