I would very much appreciate if you could advice please.
I am planning to apply for ILR (Indefinite Leave to Remain) having completed 5 years in Work Permit category.
According to the SET(0) Form I have to declare all criminal offences including traffic offences.
I had a parking and a speeding tickets issued in another country (not in the UK). These tickets are fixed penalties which have been issued more than 5 years ago (before my ILR qualifying period), and the fixed fines have been fully paid.
One of these tickets (the speeding ticket) was not initially issued in a court. However as I have not paid the initial fine (due to being out of the country and not being aware of the fine) this ticket was followed by a letter from a court asking to pay the fine. I paid the fine straight away, which was in 2004 (while I already was in the UK).
According to the UKBA guidance for "Good character": "You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences."
Also, according to "SET (0) Form, if the fines are "spent" as per The Rehabilitation of Offenders Act 1974" then they do not need to be disclosed.
Taking the above into account, please would you advice as to whether I must declare these traffic tickets (they are "spent", have not been issued in court (except for the one mentioned above) and were issued more than 5 years ago) on the SET (0) Form.
Many thanks,
David.
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