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Fixed Penalty Tickets And Tier 1

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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hsmp922
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Posts: 5
Joined: Fri Dec 24, 2010 5:30 pm

Fixed Penalty Tickets And Tier 1

Post by hsmp922 » Fri Dec 24, 2010 5:41 pm

Hi all,

I am currently in the UK on Tier 1 and would be apply for an extension in April 2012 and at a later date for PR/Citizenship etc. I was a lot relaxed until this morning - when i was stopped by the police and handed over a endorsable fixed penalty ticket, for having not obeyed the red traffic light - £60 fine + 3 points. Just as I crossed the signal, the signal changed red and I was unlucky. But leaving that aside, I am now more concerned if this would affect me in any way when I apply for a renewal of my Tier 1 and at a later date apply for PR and Citizenship? Should I report this? Is this first of all a conviction - because I have paid the fine too ! ? I read the following in the UKBA website - in my case, the ticket was given by the police on the road and i am paying it by going to the court - does this mean that the fine was given in court?
Your criminal record
We will carry out criminal record checks on all applications from people aged 10 and over.

You must also provide details of all civil proceedings which have resulted in a court order being made against you.

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. An explanation of unspent convictions is given below.

If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.

There is a note in many websites that if the fine is issued by Court, it will cause problems for applicants - I am going to pay the fine in the court - does this mean that the fine has been issued by the court?

I would like the knowledgable people in this forum to please help me by letting me know if this would be an issue ? Have any of you heard applications not being successful because of this? I am also a new licence holder, so I am allowed only 6 points. Though I dont intend to get another 3points, I would like to know if getting 3 more points would affect me any more bad? If thats the case, I might just quit driving for some time :-)

Friends, please share your thoughts and it would keep me well planned if you can let me know what you think,

Thanks in advance.

chinagef
Junior Member
Posts: 83
Joined: Sat Sep 26, 2009 12:04 am
Location: London, UK

Re: Fixed Penalty Tickets And Tier 1

Post by chinagef » Fri Dec 24, 2010 5:45 pm

hsmp922 wrote:Hi all,

I am currently in the UK on Tier 1 and would be apply for an extension in April 2012 and at a later date for PR/Citizenship etc. I was a lot relaxed until this morning - when i was stopped by the police and handed over a endorsable fixed penalty ticket, for having not obeyed the red traffic light - £60 fine + 3 points. Just as I crossed the signal, the signal changed red and I was unlucky. But leaving that aside, I am now more concerned if this would affect me in any way when I apply for a renewal of my Tier 1 and at a later date apply for PR and Citizenship? Should I report this? Is this first of all a conviction - because I have paid the fine too ! ? I read the following in the UKBA website - in my case, the ticket was given by the police on the road and i am paying it by going to the court - does this mean that the fine was given in court?
Your criminal record
We will carry out criminal record checks on all applications from people aged 10 and over.

You must also provide details of all civil proceedings which have resulted in a court order being made against you.

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. An explanation of unspent convictions is given below.

If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.

There is a note in many websites that if the fine is issued by Court, it will cause problems for applicants - I am going to pay the fine in the court - does this mean that the fine has been issued by the court?

I would like the knowledgable people in this forum to please help me by letting me know if this would be an issue ? Have any of you heard applications not being successful because of this? I am also a new licence holder, so I am allowed only 6 points. Though I dont intend to get another 3points, I would like to know if getting 3 more points would affect me any more bad? If thats the case, I might just quit driving for some time :-)

Friends, please share your thoughts and it would keep me well planned if you can let me know what you think,

Thanks in advance.
Fixed fines do count as convictions and have a 5 year rehab period until considered "spent".

In terms of considering whether or not you wish to submit, normally one minor conviction should not lead to a refusal, however if you get more than one, then your chances of refusal increase drastically.

The safest option would be to wait for 5 years, though there is nothing to stop you to apply for citizenship when you qualify.

Your ILR application should not be affected, but you must state the convictions if asked.

hsmp922
Newly Registered
Posts: 5
Joined: Fri Dec 24, 2010 5:30 pm

Re: Fixed Penalty Tickets And Tier 1

Post by hsmp922 » Fri Dec 24, 2010 5:50 pm

Fixed fines do count as convictions and have a 5 year rehab period until considered "spent".
Will it be a conviction even if I pay the fine? I think its a very risky affair to drive, when the effects of getting 3 points because of a minor mistake like crossing the red signal a second before it turned red.

Are you sure that it has a 5 YEAR rehab period. DVLA says it is just 3 years and its then deleted off records in the 4th year ??

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Re: Fixed Penalty Tickets And Tier 1

Post by push » Fri Dec 24, 2010 6:06 pm

chinagef wrote:Fixed fines do count as convictions and have a 5 year rehab period until considered "spent".

In terms of considering whether or not you wish to submit, normally one minor conviction should not lead to a refusal, however if you get more than one, then your chances of refusal increase drastically.

The safest option would be to wait for 5 years, though there is nothing to stop you to apply for citizenship when you qualify.

Your ILR application should not be affected, but you must state the convictions if asked.
Not sure what you are trying to say above and what the source of information is. This is the latest info on Settlement:
Settlement From April 2011:
There will be a new criminality threshold, requiring all applicants applying for settlement to be clear of unspent convictions.
Skilled and highly skilled migrants will need to meet the salary criteria that applied when they last extended their permission to stay.
Skilled and highly skilled migrants will be required to pass the 'Life in the UK' test prior to gaining settlement.
For those entering in Tier 1 or Tier 2 of the points-based system after April 2011:
We will stop our current policy of granting further leave to remain to those who fail the Knowlege of Life requirement.
We will cap Tier 2 (intra company transfer) route at five years.
regards,
push
Important: Please read this Disclaimer

hsmp922
Newly Registered
Posts: 5
Joined: Fri Dec 24, 2010 5:30 pm

Post by hsmp922 » Fri Dec 24, 2010 6:35 pm

There will be a new criminality threshold, requiring all applicants applying for settlement to be clear of unspent convictions.
Is the fine i am paying and the 3 points i have got for not obeying red traffic light coming under this category of convictions? I have paid my fees, if i do pay my fees there is no conviction isnt it?
"payment of the fixed penalty and endorsement of the points in your licence means you will not be convicted of the offence"
The above is what is shown on the ticket i was given by the police. Doesnt this mean that if I pay the fee and get it endorsed on the licence, there is nothing to worry and i am free of all convictions?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Dec 24, 2010 6:47 pm

hsmp922 wrote:
"payment of the fixed penalty and endorsement of the points in your licence means you will not be convicted of the offence"
The above is what is shown on the ticket i was given by the police. Doesnt this mean that if I pay the fee and get it endorsed on the licence, there is nothing to worry and i am free of all convictions?
If that's what it says you should be fine. Is it under TS1?
regards,
push
Important: Please read this Disclaimer

hsmp922
Newly Registered
Posts: 5
Joined: Fri Dec 24, 2010 5:30 pm

Post by hsmp922 » Fri Dec 24, 2010 6:49 pm

Hi Push,
Whats TS1?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Dec 24, 2010 6:54 pm

Offence Code for jumping the Red Light. Does the Ticket specify TS1?
regards,
push
Important: Please read this Disclaimer

hsmp922
Newly Registered
Posts: 5
Joined: Fri Dec 24, 2010 5:30 pm

Post by hsmp922 » Fri Dec 24, 2010 7:01 pm

It says offence code - 305.005. Does it sound familiar?

push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Fri Dec 24, 2010 7:24 pm

Dont worry, you should be fine
regards,
push
Important: Please read this Disclaimer

jariman13
Newly Registered
Posts: 6
Joined: Tue Dec 06, 2011 10:24 am

Re: Fixed Penalty Tickets And Tier 1

Post by jariman13 » Wed Jan 18, 2012 10:19 am

chinagef wrote:
hsmp922 wrote:Hi all,

I am currently in the UK on Tier 1 and would be apply for an extension in April 2012 and at a later date for PR/Citizenship etc. I was a lot relaxed until this morning - when i was stopped by the police and handed over a endorsable fixed penalty ticket, for having not obeyed the red traffic light - £60 fine + 3 points. Just as I crossed the signal, the signal changed red and I was unlucky. But leaving that aside, I am now more concerned if this would affect me in any way when I apply for a renewal of my Tier 1 and at a later date apply for PR and Citizenship? Should I report this? Is this first of all a conviction - because I have paid the fine too ! ? I read the following in the UKBA website - in my case, the ticket was given by the police on the road and i am paying it by going to the court - does this mean that the fine was given in court?
Your criminal record
We will carry out criminal record checks on all applications from people aged 10 and over.

You must also provide details of all civil proceedings which have resulted in a court order being made against you.

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. An explanation of unspent convictions is given below.

If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.

There is a note in many websites that if the fine is issued by Court, it will cause problems for applicants - I am going to pay the fine in the court - does this mean that the fine has been issued by the court?

I would like the knowledgable people in this forum to please help me by letting me know if this would be an issue ? Have any of you heard applications not being successful because of this? I am also a new licence holder, so I am allowed only 6 points. Though I dont intend to get another 3points, I would like to know if getting 3 more points would affect me any more bad? If thats the case, I might just quit driving for some time :-)

Friends, please share your thoughts and it would keep me well planned if you can let me know what you think,

Thanks in advance.
Fixed fines do count as convictions and have a 5 year rehab period until considered "spent".

In terms of considering whether or not you wish to submit, normally one minor conviction should not lead to a refusal, however if you get more than one, then your chances of refusal increase drastically.

The safest option would be to wait for 5 years, though there is nothing to stop you to apply for citizenship when you qualify.

Your ILR application should not be affected, but you must state the convictions if asked.

Hi,

I am applying for ILR in Feb2012. I had one non-endorsable FPN for £30 on 26Feb2011which had been paid on the same day. I have not got any other road traffic offecce apart from this.

Do I need to mention about this road offence in ILR application form in Section 7's 7.1?

your reply would be appriciated.

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