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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secsmed
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by secsmed » Thu Jan 17, 2013 8:14 pm
Hello All,
I have tier1 general and my wife is my dependant. We can apply for ilr in approximately a year and a half. Today my wife was stopped by police and was given fpn (£60 plus 3 points) for using mobile phone while driving. Although she was not talking with mobile (she was simply holding it with the steering wheel and apparently it was spotted by the police and was good enough for them- no one was calling her and she called nobody either) we don't want to appeal in court as most of you would understand why. But please can someone (specially senior members) please let me know what effect can it have on her getting ilr when applied in 2014? Is everything now ruined? Does she need to wait 5 year (god)? Can you please give me reference to ukba document that explicitly explains the effect of fpn on ilr and British citizenship?
I'd really appreciate your help and information.
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skymoon
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by skymoon » Thu Jan 17, 2013 9:17 pm
Don't worry, she is fine and can apply with you. Fixed Penalty Notice has no impact on ILR application until you got fine from court.
Please see UKBA Caseworker guidelines here page 4 & 6.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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secsmed
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by secsmed » Thu Jan 17, 2013 10:12 pm
Thank you very much skymoon. Reading the document (pages 4&6 as you mentioned) I can also get the conclusion that it must be ok; however section 3.3.2.e is worrying to me. I'm just worried if it is up to the caseworker to decide; or no, there is discrete guideline to follow for them. Can anybody with the same situation please also share their thoughts? I'd really appreciate more clarification please.
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kiranchinnu
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by kiranchinnu » Thu Jan 17, 2013 10:27 pm
secsmed wrote:Thank you very much skymoon. Reading the document (pages 4&6 as you mentioned) I can also get the conclusion that it must be ok; however section 3.3.2.e is worrying to me. I'm just worried if it is up to the caseworker to decide; or no, there is discrete guideline to follow for them. Can anybody with the same situation please also share their thoughts? I'd really appreciate more clarification please.
My understanding on 3.3.2.E even FPN's which are listed in that have impact on your applications. sorry if I am scaring you. However wait for Senior's replies on this.
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone.
Information provided is general guidance and does not constitute legal advice.
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mulderpf
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by mulderpf » Thu Jan 17, 2013 10:30 pm
The section you are referring to refer to convictions - a FPN is not a conviction (it even says so right there!!)
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.
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secsmed
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by secsmed » Thu Jan 17, 2013 10:31 pm
Thanks kiranchinnu. Senior members and gurus please comment. I really do appreciate your thoughts
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skymoon
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by skymoon » Thu Jan 17, 2013 10:41 pm
Thanks mulderpf for clarification. FPN is not criminal conviction.
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secsmed
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by secsmed » Thu Jan 17, 2013 11:56 pm
Thank you very much mulderpf for your comment. So I can sleep not much heavy headed tonight