Traffic Convictions on SET(M) form

[Euclase]

Hi Everyone,

I originally came to the UK in 2001 on an ancestory visa and met my now husband within a few months of living here, things worked out great and we were married in Sep 2003. Because of my ancestory visa not expiring until 2005 I entered the UK again on that visa. (We were married in Australia .. I'm an Aussie Citizen).

When that visa was due to expire I went about getting the marriage visa for 2 years using the FLR form, which is set to expire on July 1st.

I realise this is a bit late now but I'm about to sit my Life in the UK test next week, but using the form SET(M) there is a section about traffic convictions and criminal convictions, I dont have a criminal record here or in my home country but I do have a speeding fine from last year which has left me points on my license but also I was done a year before that with not wearing a seatbelt, these are the only convictiosn on my license and the only time I've had a fine in the whole time I've been in the UK. (When I applied for my Marriage 2 year visa I had no convictions despite driving here from day 1). From looking round on other forums there seems to be a bit of a grey area concerning this question.

Apparantly when applying for naturalisation (which I intend to do after my qualifiying period) the same question is asked about criminal convictions, but the notes to go with it state you must include Traffic convictions as well, but not Fixed Penalty notices which is what mine are. I am going to include details of when I was fined, and I have been told by the Home office to include it, but I'm now panicking about whether it will affect my application or not. Has anyone made an application or know of someone who has done an application whilst they have had speeding fines ? If so, were they successful or were they turned down on those grounds ?

Thanks for any replies

K

[SYH]

I wouldn't worry about it, one flub isn't going to mess up your chances

[RobinLondon]

You don't mention it in your original post, but if your husband is a UK citizen, you may naturalise immediately after receiving ILR. You don't need to wait an extra year on ILR. The years you spent on the ancestry visa count towards the three year qualifying period for naturalisation as long as you are presently married to a UK citizen. So assuming you didn't have too many absences since July 2004, fill out those citizenship papers as soon as you can.

And heck, you don't even have to get ILR if you don't want to. It's a bit more complicated, but you can naturalise immediately using the ppron method as described in this link:

http://www.ukresident.com/forums/index. ... opic=37084

It's a bit more hassle (you'll need to temporarily leave the country to submit the naturalisation application), but you'll save the £750 for the ILR. It's up to you.

[Euclase]

Thanks for the advice Robin.

My husband is a UK citizen but unfortuantely I'm unable to leave the country at present to do what you've suggested, I know it means paying more but that's out of my hands.

I intend to apply for citizenship as soon as I can after I get ILR (provided I get it with my traffic convictions ! )

Given that you know now my circumstances do you think that I'm ok with my ILR application with the Traffic convictions ?

[JAJ]

My husband is a UK citizen but unfortuantely I'm unable to leave the country at present to do what you've suggested, I know it means paying more but that's out of my hands.

Why is it impossible to go to Dublin in the Republic of Ireland for a day or two?

Have you been living in the UK since 2001? (in other words, did you just visit Australia to get married in 2003, or did you start living there for a while).

[Euclase]

Right I've gone and read through that link and followed a lot of what that thread has said, I didnt read it in great detail last night. Sorry

From reading the OP in that link I think I satisfy most of the naturalisation categories. However I do have one query regarding the immigration restrictions category. I interpreted that being on an visa (such as a LLR) this restricts your stay in the UK makes you subject to the immigrations restrictions they are quoting. I know Mrs flbmp obviously got her naturalisation so what is the restrictions laws they are talking about ? (Sorry if this is an incredibly easy question to answer, but my head is swimming with different terms and different visas etc at the moment.)

The residency query I think I should be ok on as the most I’ve been out of the country in one time is 34 days back in May 2002. (Went home to Australia) then back again in Sep 2003 for three weeks to get married and honeymoon etc.

So given that my expiration date for my visa is soon, do any of you think it might be still be ok for me to apply/inform the Dublin office to submit my form to be a naturalised citizen ?

I still haven’t sat my Life in the UK test, but am due to sit in on June 11th. I think I’ll quite ok on it as I’ve done quite a few practise tests and have been revising for a long time for it.

What would your advice be to me in this situation now ? Should I just go ahead and contact the Dublin office, is there enough time ? Or do you think it would just be better for me to apply for lLR at the Office in Croyden at the end of the month ?

I would be very grateful any suggestions that any of you might have

Thanks

PS I've posted my reply on this forum I know it's now off topic but I cant seem to get my confirmation email that I've registered from the other board that is mentioned in the thread so have posted back here in the hope I can get a few answers. Thanks very much for any suggestions

[JAJ]

Right I've gone and read through that link and followed a lot of what that thread has said, I didnt read it in great detail last night.

With respect, if you plan to use the "ppron method" you cannot just "skim over" the information. You need to give it a full and systematic evaluation, otherwise you will waste a lot of time and money.

From reading the OP in that link I think I satisfy most of the naturalisation categories. However I do have one query regarding the immigration restrictions category. I interpreted that being on an visa (such as a LLR) this restricts your stay in the UK makes you subject to the immigrations restrictions they are quoting. I know Mrs flbmp obviously got her naturalisation so what is the restrictions laws they are talking about ?

Normally if you have limited leave to remain, you are not eligible for naturalisation. But you are not considered to have "limited leave" if you are physically outside the United Kingdom.

That's because of the way the law is worded. It does not say "must have indefinite leave" but instead says "must not have limited leave" and once you are physically outside the UK, you meet this requirement.

So given that my expiration date for my visa is soon, do any of you think it might be still be ok for me to apply/inform the Dublin office to submit my form to be a naturalised citizen ?

I still haven’t sat my Life in the UK test, but am due to sit in on June 11th. I think I’ll quite ok on it as I’ve done quite a few practise tests and have been revising for a long time for it.

What would your advice be to me in this situation now ? Should I just go ahead and contact the Dublin office, is there enough time ? Or do you think it would just be better for me to apply for lLR at the Office in Croyden at the end of the month ?

If your visa is about to expire soon, you need to go ahead with your ILR application. Naturalisation applications take a few months and if you don't get ILR, you will risk being unlawful in the UK.

So for you, it's effectively too late to use the "ppron method". You should just apply for naturalisation the normal way after you get your ILR.

Fixed penalty motoring offences not dealt with in the courts are not usually considered criminal convictions.

[Euclase]

If your visa is about to expire soon, you need to go ahead with your ILR application. Naturalisation applications take a few months and if you don't get ILR, you will risk being unlawful in the UK.

So for you, it's effectively too late to use the "ppron method". You should just apply for naturalisation the normal way after you get your ILR.

Fixed penalty motoring offences not dealt with in the courts are not usually considered criminal convictions.

I thought this might be the case.

Technically can I apply for naturalisation a few months after I get ILR ? I dont really fancy having to do the Points test etc to get gain citizenship.

Thank you very much for a prompt reply and for all your advice. This website is a very valuable tool

[JAJ]

Technically can I apply for naturalisation a few months after I get ILR ?

If you are married to a British citizen and meet the 3 year residence requirement, you can apply immediately once you have ILR. Why do you think you need to wait a few months?

I dont really fancy having to do the Points test etc to get gain citizenship.

It's not clear where you get the idea of a points test for naturalisation from.

[Euclase]

Right well as soon as I get ILR (hopefully) I shall apply for Naturalisation.

I just assumed that I was subject to the Points test as a colleague at work is applying for Citizenship or Naturalisation and was apparantly informed by HO employee that she was subject to the points test. Is this not the case then ?

[JAJ]

I just assumed that I was subject to the Points test as a colleague at work is applying for Citizenship or Naturalisation and was apparantly informed by HO employee that she was subject to the points test. Is this not the case then ?

Not for naturalisation.

It's part of certain immigration applications (not spouse). You need to be careful when listening to work colleagues (or reading the newspapers) as the words "immigration", "citizenship", "naturalisation" and "passport" are often thrown around interchangeably with little serious consideration of the distinctions.

Advice given on Home Office helpline is often wrong, so no real suprise there if what you say is true.

[Euclase]

Ok.

Thank you once again for all your help today and for the speedy reply to my questions.