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Conflicting Information On The Forum: Fixed Penalty Notices

Convictions Fixed Penalty Notices

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#1 aructurus

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Posted 10 December 2012 - 06:03 PM

Hello All,

I am preparing my ILR application. I have searched the forum for information regarding fixed penalty notices(FPN), whether or not they should be declared in section 9 of Set(M) where it asks "have you ever been convicted".

I could find both YES as well as NO.

1) There are people saying always declare FPNs no matter what.
2) But, then there are people saying, there is no need to declare them when they haven't been issued in court because they arent convictions in first place. Ministry of justice website appears to support this opinion "Fixed Penalty Notices and Penalty Notices for Disorder do not form part of a person’s criminal record as there is no admission of guilt and they therefore do not need to be covered by the Rehabilitation of Offenders Act."

So, I would just like to know, do we have any established opinion that everybody has consensus upon? I am quite confused if I should mention couple of old FPN's or not. They were issued couple of years ago overseas, not in court though!

Could all immigration advisors kindly advise?

Thanking you in advance!



#2 Victoria

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Posted 10 December 2012 - 06:28 PM

I've not seen any posts from anyone with knowledge saying to declare them. You have stated yourself exactly the reason.

#3 aructurus

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Posted 11 December 2012 - 10:47 AM

Thank you Victoria. I was just a bit confused whether to declare FPN's or not.

Your response is very clear. I will not mention them in my application now.

#4 SkillClear

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Posted 12 December 2012 - 09:45 AM

When people declare FPNs it is usually the case that they are not sure but they do know a refusal can be issued for non-disclosure and they therefore become ultra-cautious. As Victoria said, it is not necessary but some do so anyway.

#5 aructurus

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Posted 13 December 2012 - 11:24 AM

Thanks SkillClear for your response. Much appreciated.





Also tagged with one or more of these keywords: Convictions, Fixed Penalty Notices

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