2 traffic fixed penalties in last year - impact on ILR?

[goodssb]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

[Haidi5]

Hi
Please never speak to lawyers who don't have a clue about basic things.
First of all Bus lane fine is not FPN. So it's not an offence.
Yes speeding Fine is FPN but in current form of ILR they have not asked applicant to even mention FPN.
I had my application approved on same day on 27th March 2013.
I had 1 FPN for using mobile phone and 2 bus lane fines all in the last 15 months.
But please don't take my advise as an expert. Do consult a proper lawyer.
Good luck.

[Emrah]

Hi
Please never speak to lawyers who don't have a clue about basic things.
First of all Bus lane fine is not FPN. So it's not an offence.
Yes speeding Fine is FPN but in current form of ILR they have not asked applicant to even mention FPN.
I had my application approved on same day on 27th March 2013.
I had 1 FPN for using mobile phone and 2 bus lane fines all in the last 15 months.
But please don't take my advise as an expert. Do consult a proper lawyer.
Good luck.

are you sure about what you are saying?

Look at the form what it says

9.2. Please give details below for each criminal conviction, starting with the most recent one.
If you or any dependants who are applying with you have received more than two convictions,
please photocopy this page and enclose it with this form.
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

[Amber]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

[Emrah]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

I have got traffic offence from 2006.

Offence code is IN10

Code IN10 must stay on a driving licence for 4 years from the date of the offence.

Using a vehicle uninsured against third party risks

I had 7 Points and £135 fine at the time. I have written it on previous visa applications. should I write it down for my SET M visa form?

[Amber]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

I have got traffic offence from 2006.

Offence code is IN10

Code IN10 must stay on a driving licence for 4 years from the date of the offence.

Using a vehicle uninsured against third party risks

I had 7 Points and £135 fine at the time. I have written it on previous visa applications. should I write it down for my SET M visa form?

There is nothing stopping you from including the information for your own assurance. It would only be necessary to include the offence if it was a conviction at court.

[Emrah]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

I have got traffic offence from 2006.

Offence code is IN10

Code IN10 must stay on a driving licence for 4 years from the date of the offence.

Using a vehicle uninsured against third party risks

I had 7 Points and £135 fine at the time. I have written it on previous visa applications. should I write it down for my SET M visa form?

There is nothing stopping you from including the information for your own assurance. It would only be necessary to include the offence if it was a conviction at court.

I went to court for it. is conviction mean here to be prisoned?

[Amber]

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

I have got traffic offence from 2006.

Offence code is IN10

Code IN10 must stay on a driving licence for 4 years from the date of the offence.

Using a vehicle uninsured against third party risks

I had 7 Points and £135 fine at the time. I have written it on previous visa applications. should I write it down for my SET M visa form?

There is nothing stopping you from including the information for your own assurance. It would only be necessary to include the offence if it was a conviction at court.

I went to court for it. is conviction mean here to be prisoned?

No, a conviction means that you were convicted by a Court.

[Emrah]

No, a conviction means that you were convicted by a Court.

I was convicted then cos I had 7 points and £135 just for my assurance as you said I would write that down never had any problem for that on previous visas hope should be fine.

[Amber]

No, a conviction means that you were convicted by a Court.

I was convicted then cos I had 7 points and £135 just for my assurance as you said I would write that down never had any problem for that on previous visas hope should be fine.

Unless the FPN was recorded on the PNC it wouldn't constitute a non-custodial conviction for the purpose of ILR. However, even if it was more than 24 months has elapsed so would not be a bar. The only issue that can arise is for naturalisation if the offence was recklessness. Again, giving the time that has lapsed I doubt it will affect naturalisation either.

[goodssb]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

Thank you guys very much for your all replies. I'm much relieved. I also contacted UKBA for clarification. They read out the note in section 7.2 of SET O form, which confirms that FPN without going to the courts is not something they are looking for. The immigration advisor was talking nonsense. Surprisingly (or unsurprisingly) they are OISC registered!

[Emrah]

Thank you guys very much for your all replies. I'm much relieved. I also contacted UKBA for clarification. They read out the note in section 7.2 of SET O form, which confirms that FPN without going to the courts is not something they are looking for. The immigration advisor was talking nonsense. Surprisingly (or unsurprisingly) they are OISC registered!

Thanks a lot for the information. That info made me 100% sure to write my penalty down for the form cos I went to court for it.

[Amber]

I've got 1 speeding ticket, for which I got 3 points and 60 pounds penalty, and 1 ticket for using bus lane, for which I got 60 pounds penalty. The second ticket is from TfL not the police. Both tickets are received in the past 12 months from the date I apply for ILR. I was told by an immigration advisor that the ticket from TfL is a fixed penalty therefore is the same in nature as the speeding ticket. And he said I cannot have 2 fixed penalties within the past 12 months in order to apply for ILR. Therefore I have to do extension for now and wait until there is no more than 1 fixed penalty in 12 months before the date of application. I can't find exact rules referring to this. Is what he said correct? Can anyone give me the reference please? Many thanks

The advisor is wrong and is incorrectly referring to the Good Character requirement for Naturalisation. FPNs will not be recorded on a persons criminal record and thus do not form part of the non-custodial threshold for ILR. You may declare them if you wish but there is no need to.

Thank you guys very much for your all replies. I'm much relieved. I also contacted UKBA for clarification. They read out the note in section 7.2 of SET O form, which confirms that FPN without going to the courts is not something they are looking for. The immigration advisor was talking nonsense. Surprisingly (or unsurprisingly) they are OISC registered!

[Junior2013]

mate read this post: http://www.immigrationboards.com/viewtopic.php?t=133840

This guy had lot more serious traffic offenses [all of them sentenced by court] than what you have mentioned and declared all yet got ILR without any problems.

So just chill and relax Unless they change the rules again