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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 671
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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If I declare Penalty charge notices as "Fixed penalty

Customer Question

Hi,
If I declare Penalty charge notices as "Fixed penalty notices" on a UK visa application form, would that be false representation/information?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your enquiry.
It is vital for any immigration application that applicants are truthful and factual. Any misrepresention may be seen as an attempt to give false representation/information.
If you have been issued with a penalty charge notice, you must state it as is.
I hope this clarifies your question.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application
Customer: replied 1 year ago.
Hi thanks for the response. Actually, the question on the Visa form was "do you have a caution, warning, reprimand or fixed penalty notice?". I don't have any of the following or a criminal record. Although I have had 2 PCNs. This is why I am asking if i declare them as FPNs would that be misrepresentation?
Expert:  frantzgregory replied 1 year ago.
Hello
I am happy to answer further questions once the first question has been rated.
Customer: replied 1 year ago.
i'm sorry but I haven't gotten the clarification and will rate based on your response.
Expert:  frantzgregory replied 1 year ago.
Hello
As I understand it in general Fixed Penalty Notices (FPN) are enforced through the criminal courts. Penalty Charge Notices (PCN) are enforced through the civil courts.
There should be a space on your form where you should clarify that you do not have a FPN but have PCN.
I hope this clarifies your question and you would be kind enough to rate.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the response. There isn't any space for this (or additional notes). I didn't want to leave out the information so I am not accused of deception and the same time I don't want to be accused of false representation, So i put the information under FPNs but indicated they were PCNs.
Expert:  frantzgregory replied 1 year ago.
Hello
You should include a covering letter to your application if there isnt a space to include.
Customer: replied 1 year ago.
I think this could help further. I have attached a screenshot and yes I did include this cover and it included these statements.TIER 2 GENERAL VISA APPLICATIONPlease find attached my application for a Tier 2 (General) visa. While filling in the application, I was a bit confused about how to answer the questions under the criminal and convictions section.I have had two penalty charge notices and also a car I was about to buy was once clamped by the DVLA. Since I didn't want to hide any information, I chose to declare three offences as fixed penalty notices.
Expert:  frantzgregory replied 1 year ago.
Hello
If you do not have Fixed Penalty Notices, you shouldn't say you do.
As a general suggestion to your question, in your covering letter you should inform the Home Office that you have Penalty Charge Notices and explain them and if available with copies of the PCNs so that it is clear they are not FPNs. If you are still unsure and you want specific advice about this you should seek legal advice before submitting your application. We cannot give legal advice on here.
What may be helpful to you is the guidance document relating to your application. There should be an explanation of how to address this issue.
I hope this helps.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Thank Frantz, for your patience.The guidance document only describes the documents to support the application and not how to fill the areas of the form such as criminal convictions/civil penalties.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/477879/Tier_2_Policy_Guidance_11_2015.pdfSo you have to check online. For example, this is information i saw on good character:-3.5.2 A fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) are a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person‟s criminal record as there is no admission of guilt.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/406368/Chapter_18_Annex_D_v02.pdf
Expert:  frantzgregory replied 1 year ago.
Hello
I see that you are open about your situation and you want to reflect that in your application to the Home Office, which is how it should be.
In general how to deal with these issues is to explain in a covering letter. But generally if the form asks about FPN and you haven't got one, you shouldn't say you do. If any thing isn't clear, which some times on immigration forms aren't, you have the opportunity to explain in a covering letter. In general always keep a copy of what has been submitted to the Home Office.