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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 621
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am on Tier 2 ICT visa and was looking to make application

Resolved Question:

Hi,
I am on Tier 2 ICT visa and was looking to make application for Tier 1 Exceptional Talent switch In country (I have the endorsement from relevant body). I had some queries regarding mentioning fixed penalty notice on my Tier 1 Exceptional Talent Stage 2 application.
thanks
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
Just to provide some details, I got the following penalty in last two years (none of these are from last 12 months) .. I would like to know if I need to mention this on my Tier 1 Exceptional Talent Stage 2 application.1. Penalty Charge Notice (PCN)
Date: Dec 2015
Reason: Parked in a Permit spack without clearly displaying a valid permit
Place: London Borough of Brent, UK
Result: Penalty of 65GBP paid in time and I have the Online payment receipt.
2. Penalty Notice
Date: 21st April 2016
Reason: Child's unauthorised absence from school
Place: Wokingham, United Kingdom
Result: I paid the fine well in the time and have the payment receipt.3. Non Endorsable offender seen conditional offer of a Fixed Penalty
Date: 11 June 2016
Reason: Drive a mortor vehicle not fitted with a rear seat belt on a road when child under 12 and not 150cm tall seated in rear.
Place: Winnersh, United Kingdom
Result: I was offered to take online course 'ACPO Your Belt/Your Life Scheme' instead of Paying penalty. I paid the course fee of 36GBP and completed the course well in time. I have payment receipt as well as Successful completion Acknowledgment of the course from Roadsafety.police.uk.thanks,
Expert:  frantzgregory replied 1 month ago.

Hello! I am a practising UK immigration lawyer. I have a nearly 90% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

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Expert:  frantzgregory replied 1 month ago.

Depending on what questions are been asked. So from the list you have provided the only offences relevant are those where you received a penalty for a driving offence so 1 and 3.

Offences that are relevant to your application are:

1. a criminal conviction

2. a penalty for a driving offence, which I have addressed above

3· where you have been arrested or charged for which you are currently on, or awaiting trial

4· a caution, warning, reprimand or other penalty

5· a civil court judgment against you

6. a civil penalty issued under UK immigration law

Customer: replied 1 month ago.
Hi Frantzgregory,
In the application form I see the following question.7.6 Do you have or have you ever had any of the following, in the UK or in a different country?• a criminal conviction
• a penalty for a driving offence, eg disqualification for speeding or no insurance
• an arrest or charge for which you are currently on, or awaiting trial
• a caution, warning, reprimand or other penalty
• a civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or
anti-social behaviour
• a civil penalty issued under UK immigration lawIn my case should I mention the offence.. as they were FPN/PCN which were paid to and in none of the cases I went to court.
Expert:  frantzgregory replied 1 month ago.

Driving offences are disclosable. You should disclose 1 and 3.

Customer: replied 1 month ago.
Thanks, ***** ***** understand for my 3 offence it falls under driving offence with Fixed Penalty charge.Penalty charge for Parking (parking ticket which was paid for to council) - does this also account as driving offence. I am just asking because in my last Tier 2 ICT extension I dint mention this as I appealed to the council against the parking ticket. Once the council informed me that my appeal wasn't accepted - I paid the fine.
Expert:  frantzgregory replied 1 month ago.

If it was just a simple parking ticket that's not the same as a Fixed Penalty Notices.

Customer: replied 1 month ago.
Hi,Yes, it was a parking ticket.. as mentioned the notice said.. Penalty charge Notice (PCN) and not FPN with a reason "Parked in a Permit spack without clearly displaying a valid permit" and this PCN was later paid in full and closed with the council which issued it. I just want to make sure this doesn't constitute a driving offence.As I dint mention this in my previous Tier 2 ICT extension (even though it was under appeal) that time.. I dont want to mention in the new application.
Expert:  frantzgregory replied 1 month ago.

An ordinary PCN is not disclosable.

Customer: replied 1 month ago.
Thanks for that.Also my second penalty - does that fall under bullet 4 - "4· a caution, warning, reprimand or other penalty"
I am not sure what do they mean by 'other penalty' .
Expert:  frantzgregory replied 1 month ago.

Which second penalty?

Customer: replied 1 month ago.
2. Penalty Notice
Date: 21st April 2016
Reason: Child's unauthorised absence from school
Place: Wokingham, United Kingdom
Result: I paid the fine well in the time and have the payment receipt.
Expert:  frantzgregory replied 1 month ago.

That is not a criminal offence so bullet 4 does not apply

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