Tier 2 to SET(LR) - FPN - Drunk & Disorderly.

[nctw1]

• I still have 12 months to complete 10 years from the point of entry.

• I understand the Long Residence application can be made 28 days before the actual 10 years.

• I have read about few applications being applied well before and being protected by Section 3C - rules.

May I ask how feasible is this? Is this advisable to apply within the 12 months or the service time turnaround period of 6 months for the postal applications maybe?

The last year of wait is killing me and we need some certainty and predictability to plan the life ahead. :/

Also if it helps, I have current leave to remain expiring few months after the qualifying 10 years period. That is definitely not an issue.

[physicskate]

• I still have 12 months to complete 10 years from the point of entry.

• I understand the Long Residence application can be made 28 days before the actual 10 years.

• I have read about few applications being applied well before and being protected by Section 3C - rules.

May I ask how feasible is this? Is this advisable to apply within the 12 months or the service time turnaround period of 6 months for the postal applications maybe?

The last year of wait is killing me and we need some certainty and predictability to plan the life ahead. :/

Also if it helps, I have current leave to remain expiring few months after the qualifying 10 years period. That is definitely not an issue.

Apply when you meet the requirements. Don't apply before. If your application is decided quickly, it will be rejected.

[secret.simon]

Are you an EU citizen or a family member of one? Different rules may apply to you.

Section 3c does not apply to applications made ahead of time.

As you have mentioned, you can apply upto 28 days before completion of 10 continuous years of legal residence in the UK. You can't apply in advance of that. You need to meet the requirements on the date of application. Not meeting the requirements on the date of application generally results in refusal and loss of the substantial fee.

[nctw1]

Are you an EU citizen or a family member of one? Different rules may apply to you.

Section 3c does not apply to applications made ahead of time.

As you have mentioned, you can apply upto 28 days before completion of 10 continuous years of legal residence in the UK. You can't apply in advance of that. You need to meet the requirements on the date of application. Not meeting the requirements on the date of application generally results in refusal and loss of the substantial fee.

Non EU actually and the application would be just for myself based on long residence qualifying rules.

Thanks for your response. 28 days it will be then. The application at this stage would meet all the requirements except for the qualifying 10 years legal residence period.
It’s just the wait is extremely unpleasant and I am exploring various possible scenarios and settings.

Thank you.

[nctw1]

• I still have 12 months to complete 10 years from the point of entry.

• I understand the Long Residence application can be made 28 days before the actual 10 years.

• I have read about few applications being applied well before and being protected by Section 3C - rules.

May I ask how feasible is this? Is this advisable to apply within the 12 months or the service time turnaround period of 6 months for the postal applications maybe?

The last year of wait is killing me and we need some certainty and predictability to plan the life ahead. :/

Also if it helps, I have current leave to remain expiring few months after the qualifying 10 years period. That is definitely not an issue.

Apply when you meet the requirements. Don't apply before. If your application is decided quickly, it will be rejected.

Thank you.

[nctw1]

Good evening y'all!

I am planning to move from Tier 2 to SET(LR) application by August 2019.

SET(LR) form Section E. Personal History (criminal convictions, war crimes, etc.) clearly asks for FPN to be declared!

It seems we have to declare the Fixed Penalty Notices including Penalty Notices for Disorder?

The offence in question here is

• Code: DA06
• CJS Code: CJ67002
• Act: s.91 Criminal Justice Act 1967
• Offence: Drunk & disorderly in a public place
  
• Police National Computer Recordable Offence
• Penalty: Upper tier (£90)

Issue date: August 2015.

Does this give enough of a reason to refuse my application?

• There are no other offences, cautions and/or reprimands of any sort before that or after that till date.
• It was very stupid of me which comes back to haunt me at every turn.

Any help would be much appreciated.

[nctw1]

Apologies, looks like I have posted on the same thread as my previous separate query.

Any thoughts on the Fixed Penalty Notice would be much appreciated.

[nctw1]

Bump

[nctw1]

I have come to know the following through several sources.
.
For it maybe useful for other applicants, FPN on its own doesn't warrant a refusal. Also PNDs for Drunk & Disorderly although a PNC recordable offence, it is not considered to be acceptance of guilt for paying the penalty issued.
.
Repeated behavioural offences might be considered as something against public good. One off events might not be as serious as it might seem.
.
It is still required and expected to be declared in full in the application as not doing so may be deeming that the appellant is hiding important/significant information that might affect the outcome of the application.

[zimba]

It is not recorded on your criminal record as you have not been convicted of a crime, should not affect ILR

[nctw1]

Thank you.