FPN and PCNs and Criminality Threshold

ilr_appln · Post by **ilr_appln** » Tue Nov 13, 2012 3:15 pm

I will be eligible to apply for (HSMP+Tier1) ILR next year(Apr-2013). I have some questions about the criminality threshold. In the past I have got 1 FPN and 2 PCNs. No court appearance or convictions or points in the license. Please see the details below.

FPN 30-10-2010 - For entering into a restricted road. £30.00 fine (no points or Court)

PCN 2-Feb-2011- For stopping at a Box Junction. £60.00 fine (No points or Court)

PCN 30-Mar-2012 - For driving in a bus lane. £60.00 fine( no points or Court)

Now i have some questions.
1) Do I need to declare both FPN and PCNs in the Set(O) form? Or FPN would be sufficient?
2) What are the chances of getting ILR if i have more than 1 traffic offences in the past though none within the last one year?
3) If the ILR gets rejected will I be eligible to apply for Tier 1 extension after that?

I did went through many of the posts related to this. still not very clear about the rules. It would be great if you can share the details if you had a similar situation.

Thanks

innocentdevil · Post by **innocentdevil** » Tue Nov 13, 2012 4:28 pm

declare them but there won't be any effect on your application as its just a fine.

ilr_appln · Post by **ilr_appln** » Tue Nov 27, 2012 11:50 am

Innocentdevil thanks for the response.

Can somebody please answer the question below.

If the ILR gets rejected will I be eligible to apply for Tier 1 extension after that?

wpilr_nov12 · Post by **wpilr_nov12** » Tue Nov 27, 2012 1:58 pm

If you still have a 'valid' leave on the day you want to apply for extension, YES.

(I have limited the scope of my reply so as not to jeopardize your future ILR application.)

madhumesh · Post by **madhumesh** » Tue Nov 27, 2012 2:44 pm

can't he apply within 28 days of rejection?

From 1 October 2012, applications for further leave to remain under the Points Based System fall for refusal if you have overstayed for more than 28 days on the date of application, there were exceptional circumstances which prevented you from applying within the 28 period. The 28 day period of overstaying is calculated from the latest of:

wpilr_nov12 wrote:If you still have a 'valid' leave on the day you want to apply for extension, YES.

(I have limited the scope of my reply so as not to jeopardize your future ILR application.)

pure desire · Post by **pure desire** » Tue Nov 27, 2012 2:45 pm

innocentdevil wrote:declare them but there won't be any effect on your application as its just a fine.

do u have to declare PCN and FPN on ur ILR Set O form.

I read some where in this forum that u do not have to declare them in ur application. As i can't even remember when n where i got those in the past....

innocentdevil · Post by **innocentdevil** » Tue Nov 27, 2012 3:43 pm

if you had them and you know about it then you should declare it. what happens if you don't declare them and they find out. that will be an issue then.

pure desire · Post by **pure desire** » Tue Nov 27, 2012 3:55 pm

innocentdevil wrote:if you had them and you know about it then you should declare it. what happens if you don't declare them and they find out. that will be an issue then.

what about parking fines and going into bus lane PCN are they comes under traffic offences which may effect ILR application as once my brother was driving my car and he went into the bus lane ....

innocentdevil · Post by **innocentdevil** » Tue Nov 27, 2012 4:01 pm

you can declare them but they wont effect your application.

hsmpaspirant2008 · Post by **hsmpaspirant2008** » Mon Dec 10, 2012 1:28 am

innocentdevil wrote:you can declare them but they wont effect your application.

But if this is declared does point 7.1 in Set (O) to be marked Yes?. if this is marked Yes does it mean that we are accepting this as a criminal conviction when in reality it is not?.

Thanks for answering.

[iD] · Post by **[iD]** » Tue Dec 11, 2012 3:12 am

PCNs are not criminal offence. Don't need to declare them

Gyfrinachgar · Post by **Gyfrinachgar** » Tue Dec 11, 2012 9:58 am

[iD] wrote:PCNs are not criminal offence. Don't need to declare them

Agreed, PCNs don't have the same standing/relevance as FPNs. PCNs don't result in a criminal record or any points on the driving licence and (unlike FPNs) don't need to be declared. Also see here.

ilr_appln · Post by **ilr_appln** » Thu Dec 13, 2012 1:53 pm

In the new Set(O) form minor traffic offences are removed(section 7.2)

Note: We will carry out criminal record checks on all applicants and dependants. You must
give details of all unspent and spent criminal convictions. This includes road traffic offences
but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a
sentence of the court. This includes all drink-driving offences.

uiqbal · Post by **uiqbal** » Thu Dec 13, 2012 7:39 pm

But 7.3 and 7.4 are there and i am not clear about civil penalty - is it like civil penalty charge notice?

ilr_appln · Post by **ilr_appln** » Sat Dec 15, 2012 6:31 pm

My understanding is below.
As per the PBS dependant guidance form http://www.nottingham.ac.uk/internation ... n-form.pdf page 50,

Do you have any civil judgments against you or any civil penalty under the uK immigration acts?
A Civil Judgement is where a court has ordered you to pay money to another person/party usually because of damages or monetary loss incurred by that person/party. A Civil Penalty under a UK immigration Act would be a financial penalty imposed on you, for example, as a result of the failure to check an employees immigration status.

In other words PCN issued for traffic,parking, etc are not under UK immigration Acts, it is under Traffic Acts.
Any Civil Penalty issued by UK immigration authority(UKBA, etc) will have to be declared.

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FPN and PCNs and Criminality Threshold

FPN and PCNs and Criminality Threshold