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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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, I am on tier 1 visa atm, and i planning to apply for

Resolved Question:

,
I am on tier 1 visa atm, and i planning to apply in jan 2016. 5 days back i recieved FPN offence penality and got 3 points on my licence first time. i am accepting the points and paying fees in the given period to avoid any further proceedings.
I just want to know if i have to declare this FPN in my future ILR application and will this be considered as criminal offence and be on criminal record? and will this incident have any impact on decision my ILR application?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
,
Yes, you need to disclose the FPN and ensure that you do not receive another FPN from now until the time of your application as only one FPN is allowed in the 12 months leading to your application , under the good character requirements.
May I help further?
Customer: replied 2 years ago.

,

Thanks back,

In section 7 of ILR form (criminal record section).

"





















7.1 Have you or any dependants who are applying with you been convicted of any criminal offence in the UK or any other country?



Yes



go to question 7.2



No



go to question 7.3



7.2 Please give details below criminal conviction, starting with the most recent one. If you or any dependants who are applying with you have received more than two convictions, please photocopy this page and enclose it with this form.



Note: We will carry out criminal record checks on all applicants and dependants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.



it is specified in the note as to include road traffic offenced but not fixed penalty notices unless they were part of sentence of the court.

should i have to accpet this as criminal conviction or as civil penalty? will be it recorded on my record?

Thank you

Nag

Expert:  UKSolicitorJA replied 2 years ago.
A FPN is not a criminal conviction but just to avoid any doubts, I would suggest that you disclose it on your form and submit proof that it is indeed a FPN and show proof of your payment of the penalty.
The FPN will not have a negative impact on your application.
Hope this clarifies
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