Driving License points....effect on british passport appl

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Driving License points....effect on british passport appl

Postby makkan00 » Sun Dec 05, 2010 9:21 pm

Hi,
I have six points on my driving license. I heard that I am not eligible for british passport and my application will be refused.

How true is it?


Also if I cannot apply, can my wife and kids apply for british passport after ILR?

Lastly, if my wife gets British passport, can I later apply for British passport on the basis on partner of British citizen (and will my driving license points effect that application)?

Any help/ suggestion would be appreciated.

Thanks.
makkan00
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Postby Backer » Mon Dec 06, 2010 11:21 am

If you want advice from the forum you need to provide more details of the offences involved (type of offencem When, fines, given by court or not)
Backer
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Postby makkan00 » Mon Dec 06, 2010 1:11 pm

Thanks Backer.

I work for NHS and most of my work is in the community which means I do 70-100 miles everyday.

A) First offence was SP30 (exceeding legal speed on 30 mph road) and it was back in 2009. (3 points and 60 pound fine)
B) Seond offence was passing through amber / red light just recently (due to adverse weather and icy road) where braking harsh could be more dangerous. (expecting 3 points and may be some fine, waiting for NIP).

None of these are from the court, as I recieved NIP for first one and sent my driving license to them. Whereas I am waiting for other one.

None of these were intentional.

Any help / suggestion / advice will be appreciated.


Thanks.
makkan00
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Postby Backer » Mon Dec 06, 2010 1:30 pm

The points on the license are not important. What is important is wether it was given in court and the type of offence.

The fact that none of these went or will go to court is good. Do not contest them or let them go to court.

However, 2 fixed penalty fines within 12 months prior to your application can lead to refusal. Make sure you don't have 2 fixed penalty fines 12 months before you submit your naturalization application.

For more reading:

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

3.2.4 In determining whether an applicant meets the "good character" requirement, caseworkers should not normally take into account fixed penalty notices, unless the applicant has received more than one fixed penalty notice in the last 12 months, and this would suggest a pattern of offending. If an application is refused on this basis, the applicant should be advised that he or she can reapply at a time when he or she does not have more than one fixed penalty notice in the twelve month period before making an application.
3.2.5 Caseworkers should not normally disregard any unspent conviction that falls into the following categories irrespective of the severity of the sentence imposed:
a.
Offences involving dishonesty (e.g. theft, fraud)
b.
Offences involving violence
c.
Offences involving unlawful sexual activity
d.
Offences involving drugs
e.
Offences which would constitute “recklessnessâ€
Backer
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Postby makkan00 » Mon Dec 06, 2010 3:05 pm

[quote="Backer"]e.
Offences which would constitute “recklessnessâ€
makkan00
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Postby Backer » Mon Dec 06, 2010 4:56 pm

"fixed penalty notices do not constitute offences" - so you should be OK since you didn't go to court.

In any case, I assume "excessive speeding" means extreme speeding which I assume again was not the case in your example otherwise you might have been made to do to court or served with more points and a high fine.
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Postby makkan00 » Mon Dec 06, 2010 7:20 pm

Backer wrote:"fixed penalty notices do not constitute offences" - so you should be OK since you didn't go to court.

In any case, I assume "excessive speeding" means extreme speeding which I assume again was not the case in your example otherwise you might have been made to do to court or served with more points and a high fine.


Dear Backer,
Really appreciate your efforts and help. :D
Have a nice evening mate.
makkan00
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Postby makkan00 » Mon Dec 06, 2010 7:27 pm

makkan00 wrote:
Backer wrote:"fixed penalty notices do not constitute offences" - so you should be OK since you didn't go to court.

In any case, I assume "excessive speeding" means extreme speeding which I assume again was not the case in your example otherwise you might have been made to do to court or served with more points and a high fine.


Sorry one last thing, contesting parking ticket does not effect when applying for British passport. Please correct me, if I am wrong.
Last year I was sent parking ticket and I contested it, and lost it, so I paid the ticket fine.
I hope it does not effect.

Cheers.
makkan00
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Postby Backer » Tue Dec 07, 2010 3:47 pm

First - you don't apply for a passport. You first apply for naturalization (British Citizenship) and if successful you attend ceremony and get your naturalization certificate - only then you can apply for a British passport.

As long as you didn't go to court or sentenced by court your parking fine will not be considered a conviction. If the fine was issued by a court then there is a 5 rehabilitation period associated with it.

Good luck!
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Postby makkan00 » Tue Dec 07, 2010 4:19 pm

Backer wrote:First - you don't apply for a passport. You first apply for naturalization (British Citizenship) and if successful you attend ceremony and get your naturalization certificate - only then you can apply for a British passport.

As long as you didn't go to court or sentenced by court your parking fine will not be considered a conviction. If the fine was issued by a court then there is a 5 rehabilitation period associated with it.

Good luck!


Dear Backer,
Sorry for my ignorance.

Thanks a lot for your reply. No, nothing went to court. Really appreciate your help and will be careful in future for anything going/ related to court.

Thanks again and have a wonderful evening. :)
makkan00
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Citizenship

Postby mazinyn » Fri Jan 25, 2013 7:43 pm

Dear Sir,

I have 3 points on my driving licence .. Did this effect at my application for citizenship ???

I took this point for car speed..

Regards
mazinyn
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Joined: Fri Jan 25, 2013 7:38 pm


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