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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Thomas I am due to apply for ILR on the 16th of August.

Customer Question

Hi Thomas

I am due to apply for ILR on the 16th of August. I had a traffic offence LC20 and got 3 points on my licence. do i qualify for ILR. do i declare it on my set O form. will my application be denied?....

Thanks

CLiffton
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi Clifton,

Have I answered a question for you before?

Did you receive a Fixed Penalty Notice for this?

Did they matter proceed to Court?

Kind regards,


Tom
Customer: replied 2 years ago.
Hi Thomas

I did get a FPO. I pleaded guilty by post & paid the fine. I never appeared in court.


Thanks
Customer: replied 2 years ago.
Hi Thomas

Thank you for your prompt reply. I have only seen your name on the just answers website. Its my first time here. I did get a fixed penalty charge. I pleaded guilty by post & paid the fine. I never appeared in court. I am eager to know what are my chances.


Thanks


Cliffton



Expert:  Thomas replied 2 years ago.
Hi Clifton,

Thanks for your reply.

If you received a fixed penalty notice for an offence and simply paid the fine by sending it to the Fixed Penalty Office then I think you will be okay.

In order to be eligible to apply for ILR you must meet the requirement of "good character":-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

You will from the heading Your Criminal Record on the above that you must not have any unspent convictions at the date you apply for ILR. However you will also see that fixed penalty notices do not count as conivctions for the purpose of applying this rule (only if they were received in court after you sought to defend it).

Therefore, if this is your only offence then you meet the requirement of "good character" and are therefore eligible to apply for ILR providing that you otherwise meet the eligibility criteira.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
FOA Tom

Thank you so much for your advice


Just a quick one Tom. Do I still mention it on my SET-O form if it is not a conviction???....I received them last year in April?


Thanks

Customer: replied 2 years ago.
FOA Tom


Thank you so much for your advice



Just a quick one Tom. Do I still mention it on my SET-O form if it is not a conviction???....I received them last year in April?


Hoping to get a reply so I can complete my form


Thanks

Expert:  Thomas replied 2 years ago.
Hi Clifton,

IN the section on convictions, you should say "refer to covering letter". You should then write a covering letter explaining that you recevied the fixed penalty notice and paid the fine so that the matter did not proceed to Court.

You should also state that, as such, it should not be regarded as an unspent conviction for the purpose of applying the good character requirement.

Thanks for rating my answer.

Tom

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