Questions regarding BC

[10020132]

I received my ILR last year in July on entrepreneur route and now I am applying for BC. I have got a few questions on the form

Q1 I am pakistani national and my identity card has expired, do I need to renew it before applying (I do have a valid passport though) or should I leave expiry date as blank? As the form does not proceed further when I input an expiry date which has past?

Q2 I have got MS90 conviction (two of them) when the offence was in 2015 but i was convicted in court in 2017. Similarly i had fpns issued in 2015 but i got court summon in 2017.when I pleaded guilty and paid upfront. So for date of penalty, should I include the date of convictions (2017) or date of offence (2015). They all happened because i forgot to change the address on my logbook and driving licence

[alterhase58]

1. Use your valid passport - national identity card not required.
2. Declare per conviction date.

[10020132]

Many Thanks

One last thing, it asks for have you made any previous UK immigration application in UK or abroad ?

Do they mean any pending application or do I have to list all the applications I have made in last 11 years here?

[CR001]

You need to list ALL applications you have made to ukvi., As the questions clearly asks.

[10020132]

Many thanks for your guidance
Lastly, do I need to declare late licence penalty (LLP) - the fine for forgetting to renew car road tax. If so, then under what category of offence will I declare it?

[CULLINAN]

Many thanks for your guidance
Lastly, do I need to declare late licence penalty (LLP) - the fine for forgetting to renew car road tax. If so, then under what category of offence will I declare it?

Are you sure it was a LLP and not an OCS (out of court letter issued) for keeping or using an untaxed vehicle without SORN. The latter can lead to a magistrate court if not paid but the former can only lead to a civil debt, if not paid.

LLP is issued automatically via DVLA Vehicle Register and OCS is issued when the offence is identified on sight. Did you automatically get the letter or were stopped by police on sight??

Legal Reference for LLP:

“ The Vehicle Excise and Registration Act 1994 (VERA) (as amended) Section 7A of the Act applies.

The Road Vehicles (Registration and Licensing) Regulations 2002, Regulation 9A.”


I am assuming it was a LLP and did not lead to a civil debt as you paid it.

You do not have to declare it but just to be on the safe side declare in the “additional notes” section of the form.

[10020132]

Many thanks for your detailed reply

To be honest, I am not sure what was that. I wasn't driving the non taxed vehicle it was just parked on the road side for more than a year but wasn't being used.

And I don't know the nature of offence either as I forgot to update the address with DVLA and only received the court letter after 2 years of offence when I actually sold the vehicle

I signed the statutory declaration in court and paid the fine up front

That's all the information I have about it. I contacted London compliance office and they told me that it was fine for keeping untaxed vehicle. So which penalty is it then? And under what offence should I declare it if I need to?

Many thanks in advance

[CULLINAN]

In my understanding that must be an OCS because a LLP does NOT lead to court.
You must have not received the initial OCS which eventually led to magistrate’s court and you were fined by the court then.

In that case, I am afraid it will be equivalent to a criminal conviction.

What date did this happen???
Was the vehicle declared SORN or not??

[CULLINAN]

What was the actual amount of fine you paid??

[10020132]

I had two fines for the same offence one in Nov 2015 and the other in September 2016 but I came to know about it in January 2017 so I paid both then

So where will it be declared? And do I really have to declare them? Lastly will it have any effect considering it that old

[CULLINAN]

I had two fines for the same offence one in Nov 2015 and the other in September 2016 but I came to know about it in January 2017 so I paid both then

So where will it be declared? And do I really have to declare them? Lastly will it have any effect considering it that old

If you paid fines via magistrate court, that will have to be declared as criminal convictions.

In addition to two MS90 convictions plus a FPN criminal conviction??

Are you sure all your convictions are more than 3 years old??

[CULLINAN]

What was the actual amount of fine you paid??

“Out of Court Settlement (OCS) letter issued.
OCS set at £30 plus one and a half times the outstanding vehicle tax rate.
If settlement is not paid, as a criminal offence the case may be pursued via the Magistrates Court. Penalty is the greater of £1,000 or five times the amount of tax chargeable.”

Were you fine as stated above??

[10020132]

I had two fines for the same offence one in Nov 2015 and the other in September 2016 but I came to know about it in January 2017 so I paid both then

So where will it be declared? And do I really have to declare them? Lastly will it have any effect considering it that old

If you paid fines via magistrate court, that will have to be declared as criminal convictions.

In addition to two MS90 convictions plus a FPN criminal conviction??

Are you sure all your convictions are more than 3 years old??

Yes I paid through magistrates court after signing statutory declaration. I found out about all of them in December 2017 and sorted all of them by June 2017. So yes definitely all of them are more than 3 years old
P. S. They are 4 altogether as 2*MS90 + 2*these fines

[10020132]

What was the actual amount of fine you paid??

“Out of Court Settlement (OCS) letter issued.
OCS set at £30 plus one and a half times the outstanding vehicle tax rate.
If settlement is not paid, as a criminal offence the case may be pursued via the Magistrates Court. Penalty is the greater of £1,000 or five times the amount of tax chargeable.”

Were you fine as stated above??

There were two fines of £350 each. I signed statutory declaration for one and ended up paying £120 reduced amount and couldn't sign statutory declaration for the other, so paid £350 for that

[CULLINAN]

https://assets.publishing.service.gov.u ... pdf#page23

Page 23

[CULLINAN]

Yes I paid through magistrates court after signing statutory declaration. I found out about all of them in December 2017 and sorted all of them by June 2017. So yes definitely all of them are more than 3 years old
P. S. They are 4 altogether as 2*MS90 + 2*these fines

Plus a conviction for FPN so it total you have 5 which are too many in my opinion.


You must declare them all in criminal convictions.

[10020132]

Yes I paid through magistrates court after signing statutory declaration. I found out about all of them in December 2017 and sorted all of them by June 2017. So yes definitely all of them are more than 3 years old
P. S. They are 4 altogether as 2*MS90 + 2*these FPN fines

Plus a conviction for FPN so it total you have 5 which are too many in my opinion.


You must declare them all in criminal convictions.

They are four altogether including this fine. So what would you suggest? Should I wait for some more time before applying for BC? I was hoping that more conviction is more than 3 years old and offence are almost 5 years old, so they might disregard it

[CULLINAN]

It is up to the CW discretion. I can not comment if you will be accepted or not.

“ Number of non-custodial sentences
You must consider the number of non-custodial sentences or other out of court disposals on the applicant’s record. There is no set number of non-custodial sentences or other out of court disposals that would lead to an application being refused; however, the higher the number the more likely it is the application will be refused.”

[10020132]

Yeah thats true

Many thanks for your time, sincere advice and prompt response. Bundle of thanks