Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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geriatrix
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by geriatrix » Sun May 01, 2011 10:16 am
gidoc wrote:NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards
That instruction .. not more than 1 FPN in 12 months ... only applies to naturalisation application. The
IDI on criminality threshold regarding settlement application does not suggest anything of that sort, and any such advice by NCS (as above) must be taken with a pinch of salt.
Life isn't fair, but you can be!
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gidoc
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by gidoc » Sun May 01, 2011 8:48 pm
I agree, however if you do have them, they will come into play when applying for naturalisation, in a years time.
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geriatrix
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by geriatrix » Mon May 02, 2011 12:58 am
gidoc wrote:I agree, however if you do have them, they will come into play when applying for naturalisation, in a years time.
How?
More than 1 FPNs in the 12 months preceding the naturalisation application may lead to a refusal (as it suggests a pattern of offending). More than 1 FPNs in 12 months before settlement application will be irrelevant at the time of naturalisation application because such FPNs will fall out of the period in consideration (12 months preceding the naturalisation application).
Life isn't fair, but you can be!
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DarkKnight007
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by DarkKnight007 » Mon May 02, 2011 1:13 am
Quoting from criminality requirement guidance:
Page 3, paragraph 4
"Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules."
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kingnew
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by kingnew » Sat May 07, 2011 10:09 am
DarkKnight007 wrote:Quoting from criminality requirement guidance:
Page 3, paragraph 4
"Receiving a Fixed Penalty Notice (FPN) is not a criminal conviction and should therefore be disregarded. The exceptions to this will be where either there are criminal proceedings for failure to pay and the individual has an unspent conviction as a result of that or the individual has multiple FPNs, particularly over a short period of time, and should be considered in line with the general requirements of character, conduct and associations within paragraph 322(5) of the Rules."
Who could please explain this (FPN) specifically, does a driving without insurance (got a FPN and 6 points without going to court) belong to this?
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jerryyang
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by jerryyang » Mon May 16, 2011 12:00 pm
similar situration as me.
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rajesh_kumar01
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by rajesh_kumar01 » Tue Jun 21, 2011 10:05 am
sushdmehta wrote:nswapnil wrote:Hi rajesh_kumar01
Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?
Regards
1. It's 07-Nov-
06.
2.
245CD(a).
Thanks for correcting(it was a typo). I have corrected original post as well.
cheers
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rajesh_kumar01
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by rajesh_kumar01 » Tue Jun 21, 2011 10:07 am
sameer2012 wrote:sushdmehta wrote:nswapnil wrote:Hi rajesh_kumar01
Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?
Regards
1. It's 07-Nov-
06.
2.
245CD(a).
Hi
Can someone please guide me the points on the licence would be removed after 4 years or 5 years.
According to DVLA website, It stays till 4 years but I have found some posts here stating that It will remove after 5 years.Please provide a link regarding this 5 years rule If you can.
Where it is stated that It will not effect your ILR If you don't go to court against your traffic offences.
Thanks
in 4 years . endorsement on your lic will be removed but if you were convicted (got fine through court) it will take 5 years to spent from date of conviction.
cheers
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rajesh_kumar01
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by rajesh_kumar01 » Tue Jun 21, 2011 10:14 am
gidoc wrote:NCS had informed me that people with more than 2 fixed penalty notices( unspent ) will not be able to apply for ILR.
Hope this helps the OP.
Best regards
If applicant is covered under HSMp JR then it will not effect his/her application for ILR
cheers
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rajesh_kumar01
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by rajesh_kumar01 » Tue Jun 21, 2011 10:18 am
nswapnil wrote:Hi rajesh_kumar01
Thank you for the info. Just wanted to know from where did you get this information i.e. "This new law is not going to effect if one got HSMP Visa before 7th NOv 2007" ?
Regards
sorry it was Nov 2006 .... I think after that HSMP was scarped .
Check page 14
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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shafmar
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by shafmar » Thu Nov 21, 2013 12:54 pm
hi all..
NEED SOME CLEAR ADVISE.
I RECEIVED A FIXED PENALTY FOR SPEEDING AND THE LETTER DID NOT REACH ME DUE TO CHANGE OF ADDRESS. I WAS TOLD TO ATTEND COURT AND WAS GIVEN 4 POINTS AND 236 FINE. WILL THIS AFFECT MY 10 YEAR LONG ILR SETTLEMENT . THE CONVICTION OCCURED IN NOV 2013.
PROPER ADVISE WOULD BE APPRECIATED
MO
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shafmar
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by shafmar » Thu Nov 21, 2013 12:55 pm
ACTUALLY 2012
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shafmar
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by shafmar » Thu Nov 21, 2013 12:56 pm
ALSO THIS IS THE ONLY CONVICTION FOR THE LAST 10 YEARS
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Amber
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by Amber » Thu Nov 21, 2013 1:04 pm
Do not type in capitals.
You should contact a criminal law solicitor and see if you can submit a statutory declaration to set aside that conviction. If not, a non-custodial conviction is a general grounds for refusal for ILR for 24 months, thus an extension may be necessary.
**this forum is not intended to be a substitute for professional advice**
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here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
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w8in4response
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by w8in4response » Fri May 30, 2014 11:38 pm
I have applied for ILR under 10 years long residence category.
I received three points on my license and £60 fine on 26/11/2012.
At the time of filling application SET (LR) under the civil penalty question I was asked :
E4. Give details for each civil judgment or any civil penalty under the UK Immigration Acts,
starting with the most recent one. If you have received more than two civil judgments and/or
civil penalties under the UK Immigration Acts, please photocopy this page and enclose it with
this form.
I wrote that I was given three points on my drivers license and attached copy of the counter part with the application.
The confusion I have is that I have mentioned getting three points on my license but forgot to mention that I had paid £60 fine as part of this fixed penalty.
Is this going to have any affect on my application or mentioning about my three points penalty will suffice the requirement?
Thank you in advance.
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muji111
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by muji111 » Tue Sep 16, 2014 10:28 pm
Can you explain why you wrote the conviction in civil Judgment section? I think that should be in the Criminal Conviction Section????