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Topic: FLR(IED) questions  (Read 1542 times)

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FLR(IED) questions
« on: December 09, 2008, 01:27:43 PM »
Ok, I went through all the threads on this last night and am still (more!) confused. Do we need to declare parking tickets from 2-3 years ago on the FLR(IED) application? We just paid the fines and they never went to court. J called the Nacro helpline (as the application advised) and they said it wasn't necessary, but I don't know whether to trust their advice...

And a speeding ticket from 8 years ago (again, paid the fine, never went to court) is spent and doesn't need to be declared, right?

Oh, and does anyone have a current estimate on processing times?

I've spotted some issues with the updated website and form, if anyone wants to bring it up with them.
« Last Edit: December 09, 2008, 08:59:47 PM by Elynor »


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Re: FLR(IED) and parking tickets
« Reply #1 on: December 09, 2008, 01:44:31 PM »
This is from the citizenship section, but I think applies to the general HO definition of offences: You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: FLR(IED) questions
« Reply #2 on: December 09, 2008, 09:02:27 PM »
I got the impression from reading past threads that citizenship and FLR/ILR apps had different standards. The FLR(IED) form definitely does not include the wording about fixed penalty notices. Can anyone clarify?


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Re: FLR(IED) questions
« Reply #3 on: December 10, 2008, 12:45:21 AM »
Unless you are a Bulgarian or Romanian national or qualify for settlement (134), then you may need to apply under the transitional arrangements for Tier 2?
« Last Edit: December 10, 2008, 01:01:20 AM by vinny »
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Re: FLR(IED) questions
« Reply #4 on: December 10, 2008, 08:58:42 AM »
I don't believe I need to apply under Tier 2, as the work permit (IED) was issued prior to 27 November. Am I wrong?

ETA: Looks like I'm right:
"If you have a valid work permit or are issued one as a result of an application made before 27 November 2008, you can still apply for leave to enter or remain under the immigration rules relating to work permits."
(from here)
« Last Edit: December 10, 2008, 09:01:39 AM by Elynor »


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Re: FLR(IED) questions
« Reply #5 on: December 10, 2008, 03:32:36 PM »
Bumping this 'cause I'm still confused... :-[


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Re: FLR(IED) questions
« Reply #6 on: December 11, 2008, 05:57:21 AM »
Can anyone help, please? This is very serious (all out of proportion to what is involved)--the UKBA are citing in relation to this, 'It is an offence... to make a statement or respresentation which you know to be false or do not believe to be true'.

Does that mean Elynor could be deported, imprisoned, heavily fined, etc. if they decide she 'lied' about my parking fines?

Because this whole points-based system is so new and so inadequately developed (the form itself is a disgrace, with many errors and incomplete phrases), people working at call centres do not seem to know what is actually required. However, since everything is now also so heavily biased against immigrants, I would not expect any legal bodies to take this fact into account in a ruling. I'm sure they know precisely what the law means.

It just seems that the immigration folks are looking for any excuse to penalise an immigrant and not giving us the fair tools that we need to apply correctly. You can't even find the raw legalise to wade through, thank you plain English campaign.

Is there anyone able to answer Elynor's questions?
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Re: FLR(IED) questions
« Reply #7 on: December 11, 2008, 10:49:05 AM »
If ever in doubt, disclose.

If the fine was issued by a court and has not expired under the Rehabilitation of Offenders Act (http://www.crb.gov.uk/Default.aspx?page=313) it should be disclosed.  Rehabilitation of Offenders Act when being applied to crimes committed outside of the UK is a very gray area, as different countries have different rules.  The only way to get a definitive answer is to seek out UK legal advice.

[Note: While this isn't an official government site, it does the best job of making clear what would be a spent conviction: http://www.lawontheweb.co.uk/rehabact.htm]
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: FLR(IED) questions
« Reply #8 on: December 12, 2008, 05:18:54 PM »
Thanks, kitson--that's what we ended up doing. No idea whether the parking tickets were issued by a court, but better safe than sorry.

Does anyone have an estimate on processing times, or has the new system thrown everything into complete chaos?


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Re: FLR(IED) questions
« Reply #9 on: December 12, 2008, 05:33:19 PM »
Good luck, Elynor & Jeremy!  Sorry I didn't have any answers for you on your questions, but they just have to let you stay - as lovely as you both are!  :-*
Ring the bells that still can ring
Forget your perfect offering
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That's how the light gets in...

- from Anthem, by Leonard Cohen (b 1934)


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