ILR in 3 months. Important query

[eureka_ilr]

Hello all

I have following quick query regarding my impending ILR in 3 months time:

I have 9 points on my licence spanning over 2009 and 2010. None in 2011 or 2012. I dont drive anymore and have sold my car now. I have engaged a good solicitor from the City for the ILR application. His advice is that even though FPNs is not at all an issue, in order to make the application even more hassle free, we will not mention it anywhere in the application. His rationale is that it's not a conviction and therefore we are not obliged to declare it. Is this is wise thing to do or should I just state it as it is (given that its anyway harmless) and avoid any possible blame of concealment as a result of not declaring the FPNs.

Thanks for your help. Senior members, your guidance will be highly appreciated.

Eureka

[eureka_ilr]

Please would someone help !

[Loveislovely]

Hello all

I have following quick query regarding my impending ILR in 3 months time:

I have 9 points on my licence spanning over 2009 and 2010. None in 2011 or 2012. I dont drive anymore and have sold my car now. I have engaged a good solicitor from the City for the ILR application. His advice is that even though FPNs is not at all an issue, in order to make the application even more hassle free, we will not mention it anywhere in the application. His rationale is that it's not a conviction and therefore we are not obliged to declare it. Is this is wise thing to do or should I just state it as it is (given that its anyway harmless) and avoid any possible blame of concealment as a result of not declaring the FPNs.

Thanks for your help. Senior members, your guidance will be highly appreciated.

Eureka

I would advice you to search FPN and ILR, this should give you a good insight as to making the right decision, FPN is not a conviction, and you are not compelled to mention in application.

Good luck and keep us posted.....

[eureka_ilr]

Thanks for the very useful insight, sir. I did research on FPN etc on this forum but couldn't find any direct replies to my current query.

cheers
Eureka

[geriatrix]

I have my ILR coming up in the next few months.

I am an IT contractor. I am facing lot of stress in my current contract. Either they will fire me or I will have to resign. Its all down to some stupid politics.

I was thinking of giving them notice on Monday. With 4 weeks notice, this will effectively end my contract by approx 11th July. My ILR is due by mid-Sept. I might find difficulty finding a new contract for the 2-3 months in between. But if I am lucky I might even get a short term contract. Its kind of an unknown.

I have already earned 40k+ for the ILR earnings requirement. Plus I have enough in my Company account to pay salary + dividend till Sept. Also my company will receive payments till around end of July for the work done till 11th July.

In summary, I will be economically active as a person till Sept end and as a company till end of July (even then making my company economically active for 13 months out of 15 months )

Will I be ok or should I absolutely try and protect this particular contract? Thing is even if I did not resign, there is no guarantee that they will not fire me in the next few weeks.

Eureka

[innocentdevil]

do not listen to the solicitor. mention the FPNs in your application as when UKBA does their search they WILL find them out and it will be classed as a lie/fraud.

also, mentioning of the points/convictions/fines will not cause any issues to your application as they were over 2 years ago. You didn't say what kind of points they are, i.e: SP, IN etc.

[eureka_ilr]

The point codes are :

SP30
TS10
TS10

Thanks

Eureka

[geriatrix]

FPN:

do not listen to the solicitor. mention the FPNs in your application as when UKBA does their search they WILL find them out and it will be classed as a lie/fraud.

Why?

If the OP is sure that none of the FPN(s) have led to a conviction, then:

Not disclosing FPN(s) cannot be construed as deception / lie / fraud as the form clearly asks the applicant to disclose only "criminal conviction" or "civil judgement". The form does not ask for details about motoring / criminal / civil "offences" that the applicant has committed in the qualifying residential period and/or any fines or penalties that the applicant may have paid on account of such offences.

That said, filling up the form inaccurately by disclosing FPN(s) and claiming to have criminal conviction or civil judgement when one has none in reality will also make no difference. The CW will verify the details on their systems, recognise that the applicant isn't aware of the difference between FPN and conviction / judgement, and proceed on.

But I do agree with the general opinion that mentioning an offence rather than not mentioning makes one free from unnecessary worry regarding the issue. Being honest, even though inaccurate, still brings calm. And from CW's perspective, it makes no difference - whether you disclose it or not, he /she is going to check their systems regardless!!


Economical Activity:
1. Any organisation is allowed to have period(s) of (business) inactivity.
2. There is no requirement to be "earning my daily wage" on the day of the application. As long as you score the required points, you will be fine.

[eureka_ilr]

Thanks ever so much for your definitive reply. I now understand and agree with the argument more clearly. God bless

[asim72]

do not listen to the solicitor. mention the FPNs in your application as when UKBA does their search they WILL find them out and it will be classed as a lie/fraud.

also, mentioning of the points/convictions/fines will not cause any issues to your application as they were over 2 years ago. You didn't say what kind of points they are, i.e: SP, IN etc.

Absolutely wrong.
Convictions need to be declared. FPN's are not convitions, so no need to declare them at all.