How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

HiI will apply on LR basis using SET(LR) form using

Resolved Question:

Hi
I will apply for ILR on LR basis using SET(LR) form using HO's Premium service to get the decision in the same day. In the section E3 it says "Have you or any dependants who are applying with you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country?"
In my last 10 years I have no offences except one. Around 5 years ago, I was fined £50 for dropping a cigarette butt on the street. Regarding this office I don't exactly remember the date and year and have no documents with me.
So please advice will I say yes or no to this question in E3. Please support your advice with explanation and reference to the section of the law your advice is based on.
Submitted: 12 months ago.
Category: Law
Expert:  Nicola-mod replied 12 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 12 months ago.
Hi
How long do you think may be the wait.?
Customer: replied 12 months ago.
I can wait for 2-3 days if i get a good detailed answer.
Expert:  Nicola-mod replied 12 months ago.
Hello,
Thank you. We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 12 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 12 months ago.
Hi
Lets wait for another a day or two. Please keep searching..
Expert:  Nicola-mod replied 12 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.Was this a fixed penalty please?
Customer: replied 11 months ago.
I think it was called fixed penalty notice, fpn
Expert:  Ash replied 11 months ago.
Ok, although you should declare this, there will not be a record of it.That is because its a non recordable offence. So no one will know about it as its not held on record.So in theory yes, but in reality no one will know about it.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
The community police handed me a paper and said i need to pay 50 gbp within 14 days or i will have to go to court
Expert:  Ash replied 11 months ago.
Ok. But as I have said, its a non recordable offence so wont be a record of it on a Police computerDoes that clarify?Alex
Customer: replied 11 months ago.
Hi Alex , thanks for your time. I appreciate your effort. I am a bit confused, as you said i should declare this even though this is a non recordable offence , but does anywhere in the home office regulation specifically asks to declaee such offences. I tried to look for this in the ilr application form as well as in the policy guidance but couldn't find anywhere. The application form ask to provide information about criminal offences and plenties related to criminal offences only. I will appreciate if you can clarifythis.
Expert:  Ash replied 11 months ago.
Yes indeed. This is not a criminal offence so you dont need to declare it. As I have said its non recordable so wont be stored anywhere.Does that clarify?Alex
Customer: replied 11 months ago.
Hi Alex
Thanks again for your support. After your last response I am now more confused. In the early of our conversation you said I should declare my FPN but in the last you said I don't need to declare. Can you please be more conclusive in your advice. Please provide link to the reference (immigration act/law) that will support your idea. Please provide me the link to reference where it says FPN offences is not recorded on any government agency's system. Please provide me the link to the reference where it says for ILR FPNs must be declared/need not to be declared.
I have only few days left to apply for ILR so please help me with my confusions.
Junaid
Expert:  Ash replied 11 months ago.
To be clear I am saying that in theory you SHOULD declare it.BUT as dropping litter is a non recordable offence, it you wont have a criminal record for it (the same as minor offences such as speeding, parking offences etc) then if you dont declare it, no one will know.Please see: http://www.genewatch.org/sub-551990ACPO later put out a statement saying that "ACPO has real concerns about the proposals to extend the taking of DNA and fingerprints for non-recordable offences such as speeding or dropping litter"Its not recorded anywhere. Does that clarify?Alex
Customer: replied 11 months ago.
Dear Alex
Thanks for your response. Please provide me the link to the reference where it says for ILR FPNs must be declared or need not to be declared.
Junaid
Expert:  Ash replied 11 months ago.
http://www.kadmosimmigration.com/blog/good-character-for-ilr-and-citizenship
Expert:  Ash replied 11 months ago.
http://www.kadmosimmigration.com/blog/good-character-for-ilr-and-citizenship
Customer: replied 11 months ago.
Hi Alex
Thanks for being patient with me and effort to answer my concerns.
Just two questions more and I will not bother you anymore.
1. If you were in my position, what will you have done. Mention about the FPN in your cover letter or not, keeping in mind that Application for naturalization specifically asks you to declare FPNs if there are any.
2. If I am given ILR. How will I apply to bring my child from Bangladesh. He was born in UK, lived with me and my wife for 2.5 years after birth. In november 2015 I switched to T4 from T2 but didn't include my wife and child with my application. During that time, my wife and son had leave to remain as dependent of T2 Migrant. After my T4 application approved, both received curtailment letter and left UK before their leave expired.
Looking forward to hearing from you.
Regards
Junaid
Expert:  Ash replied 11 months ago.
1) I would not declare it. 2) Sadly that is a new Question which you will need to post on a new thread. Does that clarify? Alex
Customer: replied 11 months ago.
Thanks
Expert:  Ash replied 11 months ago.
If I could ask you to rate this answer before you go please, otherwise the site does not credit me for the time spent with you. Thanks in advance, Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice