new set(o) form 13 december, civil penalty question

[uiqbal]

Hi,

I am applying for ilr, right now on Tier 1 (General).
My dependant has received three Penalty Charge Notices over the 5 years.

One for entering boxed junction,
One for parking outside a school,
One for parking on double yellow lines.

All of them sent by council.

I know its not a criminal conviction and not also a civil judgement, but do they come under civil penalty.

Where can I read about border agency rules about civil penalty and civil judgement?

Do I need to put them in section 7.3 and 7.4 of my set(o) form?

Regards,
uiqbal

[uiqbal]

Any update on this?

[ilr_appln]

Please see my understanding below.
I think they are asking for Civil Penalties under Immigration act, not normal civil penalties(PCNs). If you notice all the major(criminal) traffic offences are covered under section 7.2.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Earlier there was a PDF for Criminality Threshold in http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/ Now it is not there (Removed/being updated?).

Now all the applications should not fall under General Grounds for refusal. In that tricky one is 322(5), which is not clearly defined any where. Earlier it was mentioned in Criminality Threshold PDF.

322(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations
or the fact that he represents a threat to national security;

[uiqbal]

Very impressive and good understanding - I will submit my application with more confidence now, with the knowledge PCN is not a criminal, civil judgement or civil penalty under immigration rules.

Thanks very much.