utstanding TV license fine 2011 in absence - future ILR application 2018

[nomie200031]

Good Morning,
I am based in UK for more than 9.5 years. First on student visa and then work permit visa. Recently I received a letter from historic debt enforcement team for a magistrates Court fine of 250 imposed for TV license back in 2011 when I was fairly new in the country. I never received any court letter before as I had moved address during that time. The judgement was given in my absence as I wasn't aware of it. There was a visit from TV license inspector but I don't remember any problems at that time as we were only using TV for playing video games not to watch anything live.

Anyways my main concern is that if I decide to pay it now without contesting it any further will it have any effect on my ILR application expected in six months time. I have been advised by the historic debt team that if I wasn't aware of it then I can go for a statutory declaration that I wasn't aware of the case proceedings which will start the case proceedings again with a new judgement. If paying the fine now which was dated in 2011 doesn't affect my future ILR application then I would be happy to pay now without contesting it further as the new judgement could be against me and also dated this year. Otherwise if paying now for the old fine should still be a problem for my ILR application then I want to go for a statutory declaration to contest the original judgement. Please can you advise if the TV license fines are normally relevant for ILR applications. Further for ILR applications does the conviction date for any small criminal offence like TV license fines is relevant or the payment date. If you need any further details please let me know. Many thanks for your time and advice.

[nomie200031]

I read if within the 24 months before immigration application the applicant admits or is convicted of an offence for which they received a non-custodial sentence they wont be able to apply for ILR within the 24 months period. That's why I am concerned which date is relevant in my case the conviction date on judgement letter in 2011 or the payment date which should be now.

[cyclina1]

i think you better count the date of fine but not the day of inspection 7years ago. tv license may chase you several times and you never settle until now (if you pay). the fine is from court so it counts.

so you better not apply after 2 years. unless you appeal and win.

[nomie200031]

Thanks for your comment. Well the date of inspection (offence) and court fine imposition date both are in 2010 and 2011. Yes probably they were chasing at the previous address in 2011 and only recently they have managed to match it with my new address because probably I am registered on the electoral register at my new address now. On the link below I read under criminal law the fine is spent after one year only and for immigration law its 24 months before ILR application. On court letter which I have received now it mentions October 2010 as the date of offence and May 2011 as verdict date in absence. Also when I spoke to Historical Debt Enforcement Team they said TV licensing fines dont go in criminal history normally regardless of payment. Any more advise or comments should be really helpful. Thanks.

solicitors weblink removed by moderator
Criminal Record and Immigration Application

[zimba]

A TV licence fine is NOT a recordable offence, so it means that it will not show up on your criminal record and so it will not affect your ILR. However it might affect your BC application in future. The best option in my opinion is to pay the fine and move on.

Another tip regarding TV license: You must have a TV license when you have any device which enables you to watch TV even a game console or smartphone. So the fact that you were not watching TV is not relevant to TV licensing rules

[nomie200031]

Hi Zimba,

Many thanks for your reply. Please can you confirm what do you mean by BC application in future.

I agree I think probably the better option for me is to pay off the amount without going through the courts procedure again. If I decide to go to courts then again I will have only two options either to plead guilty of the offence or not plead guilty. Incase if I plead guilty then it will result in the same fine sentence probably a little lower but with a new verdict date in 2018. Proving not guilty in a new trial would be a challenge as its very old and I don't have any supporting evidence or memory of what actually was the conversation between me and the TV license inspector back in 2010. I remember definitely I paid for the TV license next week after inspection to be on the safe side but not because we were watching live TV. If I remember correctly probably that's what the TV inspector advised to do but I think later he charged us for watching live TV without license. Considering all options paying the fine is expected so probably better to pay the fine on the original verdict in 2011 rather than having a new judgement in 2018 and then paying it. Any input from other will be highly appreciated too.

[nomie200031]

Sorry Zimba if you mean British Citizenship by BC application from what I have researched and read the rules are pretty much the same for both ILR and British citizenship. Maybe only the number of years before application can be accepted is different for ILR and citizenship. I read its 2 years for ILR application and 3 years for British Citizenship which is pretty much the same thing as you need to wait anyways for BC. As I am only going to pay the fine now as I wasn't aware so this could be a problem otherwise the original offence and judgement was more than seven years already. Thanks again.

[nomie200031]

Any input from other experts and moderators will be highly appreciated as well.

[Djsuccess]

Any input from other experts and moderators will be highly appreciated as well.

Read this
https://assets.publishing.service.gov.u ... .0-ext.pdf

[nomie200031]

Thanks Djsuccess for the guide. I had a read through it earlier. The key points are below.
- A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record
Applications will normally be refused if the conviction occurred in the last 3 years
-3.1 Fines A fine will be considered a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record(i.e. line 4 in Table 2.1). Even where a person does not have a fine within the last three years, the decision maker may still conclude that a person is not of good character – and therefore refuse an application – if they have received multiple disposals of this kind that show a pattern of offending. Where this applies, the decision maker will consider the factors listed at section 3.8 – Considering Cumulative, Non-Custodial Sentences.

http://researchbriefings.files.parliame ... N06860.pdf
The Ministry of Justice does not hold details of all offenders with a criminal record for offences related to non-payment of a TV licence. Non-payment of a licence is not a “recordable” offence as it does not attract a custodial sentence and is not in the list of offences defined as “recordable” in legislation. For these reasons, this offence is not routinely recorded on the Ministry of Justice's extract of the Police National Computer (PNC). Such offences are included on the PNC only when they accompany a recordable offence in the same case.7 Offenders can, however, be committed to custody for wilful or culpable failure to pay a fine, where the court has considered or tried all other methods of enforcement

https://publications.parliament.uk/pa/b ... 9-viib.htm
Rehabilitation Period for Fine
The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed.

Therefore the positive points in my favour should be:
- Its already seven years from the original judgement (conviction) date which is more than 2 years requirement for ILR, 3 years for citizenship and 1 year for rehabilitation of offenders act to become spent
- TV License fines being non recordable on PNC generally as above so they shouldnt be shown on enhanced DBS checks
- No other criminal or other convictions throughout the ten year period

I am feeling a little more confident now but still this could affect my ILR application towards the end of the year hopefully not. The only negative is that as I wasnt aware of the judgement until now so the fine payment will be only seven months before my ILR application. Original offence and conviction for fine would be more than 7.5 years by the time of ILR application. Hopefully even if this fine is considered for my ILR application the offence and judgement date in 2011 should only matter not the final payment date in 2018.

Any further input and final comments from senior members and gurus would be highly appreciated. Many THanks.

[nomie200031]

Good Evening,

Sorry to bother again but please can any of the senior members and gurus here give final comments on my detailed analysis above if it makes sense for my situation. Many Thanks again.

Based on the precious advice I have received plus the research I have done on the matter it seems to be a better idea to pay off the historic fine now without challenging it any further because doing so may still result in a new fine judgement from court dated this year. As its very old and I don't have any evidence or details so its unlikely that I will be able to get a favourable new judgement incase if I decide to go for a statutory declaration and then plead not guilty. Although I was only using the TV to play video games at that time but as I signed up for the TV license immediately after inspection to be on the safe side which was again advised by the TV license inspector it will be very difficult for me to plead non-guilty and prove in the court. Paying the fine on a judgement in 2011 is ofcourse better than paying a fine on the new judgement specially as its relevant for the 24 months period before ILR application.

I found two relevant threads with very similar situation to mine. I hope they both got their ILR applications approved.
indefinite-leave-to-remain/ilr-applicat ... 57157.html
indefinite-leave-to-remain/tv-licence-o ... 24847.html

[zimba]

As repeated above, such a fine will have NO EFFECT on your ILR.
Grant of BC is completely at the discretion of the secretary of state but given the nature of the fine it it very likely it will have no effect.