How to declare FPN in Set O form ILR

[azaynagpal]

HI,

I am eligible to apply ILR through Tier 2 general router after spending 5 years in UK.

I was issued a Fixed Penalty Notice (FPN) in October 2012 and paid 30 GBP there was no need to go to court and no points were issued on my driving license.

In Set O form section 7 question 7.1. it mentions to declare criminal convictions and specifically mentions not to mention FPN.

in question 7.3 it asks to mentions any penalty Warning,caution or reprimand related to criminal offense.

I am a bit confused on how to declare this FPN with my application.

In my last tier 2 Visa application i declared this FPN as there was a specific section for it.

How can i declare it with SET O application form.

And does anybody recently declared it and how did they do so.

br,
Ajay

[azaynagpal]

Can anyone please respond to my query ?

[IB00123]

Hi could anyone share some information about this? In the same situation. Thanks.

[zimba]

Being issued a Fixed Penalty Notice or FPN on its own is NOT A CRIMINAL OFFENCE. It does not need to be declared anywhere on the form.

[IB00123]

Being issued a Fixed Penalty Notice or FPN on its own is NOT A CRIMINAL OFFENCE. It does not need to be declared anywhere on the form.

thanks for the quick reply. but wouldn't something like speeding itself be a criminal offence and the FPN is in a penalty in relation to it?

Question 7.3 isn't very clear: 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?


Thanks and any one who can speak from experience would be really helpful.

[zimba]

No. Speeding is not a criminal offence on its own, it is a traffic offence and you just get a fine for it in most cases. However if you end up in court (because your were driving way outside the speed limit or challenged the fine, ect) you could get a criminal punishment in the court, THEN it will be considered an offence under good character requirements.

Same thing for FPNs or PCNs. FPN is simply a fine that should be paid. If you got an FPN and you did not end up in court over it, then no need to worry and nothing to declare.

Read Annex D: the good character requirement

[paradoxical]

zimba88, what about the question a bit later in the form (7.5) which says:
7.5 Have you or any dependants applying with you had any UK court judgment against you for
non-payment of a debt, or received a civil penalty under UK Immigration Acts?

From the word itself, it would seem that getting PCN or FPN due to speeding or parking wouldn't be under civil penalty under UK Immigration Acts but I am unable to find any document/link that shows what kind of civil penalty (though FPN or PCN) would come under UK Immigration Acts and thus would need to be declared. Any pointers?
Are we supposed to not declare any FPN or PCN when answering question 7.5 either?

[zimba]

New Guidance on the Rehabilitation of Offenders Act 1974

Fixed Penalty Notices and Penalty Notices for Disorder do not constitute a conviction or caution (though they may be recorded on local police systems should the force consider it necessary to do so) and they therefore are not covered by the 1974 Act