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bluebird2011
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Joined: 12 Aug 2011
Posts: 75
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 Posted: Wed Mar 14, 2012 1:58 pm Post subject: BC with Traffic offence CU80 |
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Hi
Did anyone get British citizenship with FPN-traffic offence CU80 i.e using mobile whilst driving.
Regards |
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doubletrouble
Member of Standing
Joined: 10 Mar 2006
Posts: 176
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| Posted: Wed Mar 14, 2012 6:52 pm Post subject: |
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| need not mention as it was FPN. |
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cricinfo
Member of Standing
Joined: 16 Jan 2012
Posts: 134
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| Posted: Thu Mar 15, 2012 7:49 pm Post subject: |
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| doubletrouble wrote: | | need not mention as it was FPN. |
A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. |
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Smallfamily
Member of Standing
Joined: 09 Nov 2010
Posts: 235
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| Posted: Thu Mar 15, 2012 9:53 pm Post subject: |
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| I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent. |
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selva
Member of Standing
Joined: 17 Aug 2011
Posts: 192
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| Posted: Wed Apr 11, 2012 1:34 pm Post subject: |
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| cricinfo wrote: | | doubletrouble wrote: | | need not mention as it was FPN. |
A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. |
the next para says
We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.
All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.
the best way is to send a mail to UKBA and get the confirmation. |
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cricinfo
Member of Standing
Joined: 16 Jan 2012
Posts: 134
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| Posted: Thu Apr 12, 2012 9:01 am Post subject: |
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| selva wrote: | | cricinfo wrote: | | doubletrouble wrote: | | need not mention as it was FPN. |
A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. |
the next para says
We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.
All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.
the best way is to send a mail to UKBA and get the confirmation. |
The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu Apr 12, 2012 9:01 pm Post subject: |
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| cricinfo wrote: | | selva wrote: | | cricinfo wrote: | | doubletrouble wrote: | | need not mention as it was FPN. |
A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. |
the next para says
We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.
All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.
the best way is to send a mail to UKBA and get the confirmation. |
The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving |
I have applied Naturalisation with offence code LC 20 ( driving on international licence for more than a year in 2008 ), will update once I hear a word back.
Good Luck |
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AmitS
Junior Member
Joined: 25 Jun 2012
Posts: 26
Location: LONDON
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| Posted: Tue Jul 03, 2012 9:13 pm Post subject: |
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| Any luck yet ?? |
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asim72
BANNED
Joined: 28 May 2012
Posts: 636
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| Posted: Wed Jul 04, 2012 8:35 am Post subject: |
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| Smallfamily wrote: | | I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent. |
Wrong. There is no conviction, and when there is no conviction then there is no spent period. FPN is not a conviction. When they say that minor offences could be disregarded and using mobile is not a minor offence, then it means offence that a person has been found guilty of.
FPN IS NOT A CONVICTION. FULL STOP. |
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asim72
BANNED
Joined: 28 May 2012
Posts: 636
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| Posted: Wed Jul 04, 2012 8:39 am Post subject: |
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| cricinfo wrote: | | selva wrote: | | cricinfo wrote: | | doubletrouble wrote: | | need not mention as it was FPN. |
A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :
We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. |
the next para says
We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.
All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.
the best way is to send a mail to UKBA and get the confirmation. |
The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving |
Please read again carefully.The paragraph you have quoted is talking about "convictions" of offences. FPN is not a conviction. |
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semiautomatic
Junior Member
Joined: 15 Jan 2011
Posts: 21
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| Posted: Mon Jul 09, 2012 1:50 pm Post subject: |
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| asim72 wrote: | | Smallfamily wrote: | | I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent. |
Wrong. There is no conviction, and when there is no conviction then there is no spent period. FPN is not a conviction. When they say that minor offences could be disregarded and using mobile is not a minor offence, then it means offence that a person has been found guilty of.
FPN IS NOT A CONVICTION. FULL STOP. |
Asim72, you were absolutely spot on! We just received our citizenship approval today, despite my wife having a PCN CU80 and 3 points for driving while using mobile phone. So as long as it's not a conviction, as long as it has not gone to the court, as long it's only a FPN, there is nothing to worry about!! |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Mon Jul 09, 2012 5:10 pm Post subject: |
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| friend12345 wrote: |
I have applied Naturalisation with offence code LC 20 ( driving on international licence for more than a year in 2008 ), will update once I hear a word back.
Good Luck |
Just to update I had my application approved with LC20 on 17 May 2012, 3 points given in court. |
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pradan
Newbie
Joined: 09 Jul 2012
Posts: 6
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| Posted: Mon Jul 09, 2012 6:57 pm Post subject: |
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Congrats friend12345 and semiautomatic.
Did you two use NCS?
I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.
Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards. |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Mon Jul 09, 2012 7:06 pm Post subject: |
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| pradan wrote: | Congrats friend12345 and semiautomatic.
Did you two use NCS?
I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.
Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards. |
Thanks and no I sent my application myself NCS refused to take my application due to conviction.
If you had an FPN then that dont need mentioned on the application, dont worry about it.
Good Luck |
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pradan
Newbie
Joined: 09 Jul 2012
Posts: 6
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| Posted: Mon Jul 09, 2012 7:43 pm Post subject: |
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Thanks
Will it mean NCS may not consider my application or yours was different scenario?
Regards. |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Tue Jul 10, 2012 8:00 am Post subject: |
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| pradan wrote: | Thanks
Will it mean NCS may not consider my application or yours was different scenario?
Regards. |
Yours is just an FPN, you will be ok FPN's dont need mentioned in the application. |
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semiautomatic
Junior Member
Joined: 15 Jan 2011
Posts: 21
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| Posted: Tue Jul 10, 2012 9:56 am Post subject: |
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| pradan wrote: | Congrats friend12345 and semiautomatic.
Did you two use NCS?
I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.
Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards. |
Pradan, if it's only an FPN (Fixed Penalty Notice) then you DO NOT need to declare it. We applied through NCS and the lady said we do not need tick the criminal conviction box since it's not a conviction only a Fixed Penalty. However, the NCS would take a copy of your driving license counterpart (paper part) and send it along to Home Office, as a proof that it's only an FPN and not a conviction. |
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kasturi75
Member
Joined: 27 Oct 2009
Posts: 76
Location: London
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| Posted: Wed Feb 20, 2013 1:07 pm Post subject: |
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Hi bluebird2011,
What is the outcome of your BC application? Have you declared the offence?? thanks |
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bluebird2011
Member
Joined: 12 Aug 2011
Posts: 75
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| Posted: Wed Feb 20, 2013 2:43 pm Post subject: |
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Kasturi
I'm due to apply for BC in April 2013. I don't need to disclose it on the form. However, I'll send my licence and the couterpart in the application. |
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kasturi75
Member
Joined: 27 Oct 2009
Posts: 76
Location: London
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| Posted: Wed Feb 20, 2013 4:33 pm Post subject: |
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| We have a similar case as my wife was stopped while driving using a mobile few months ago. She got a £60 fine & 3 points from police, no court case. We also are looking to apply for BC but not sure whether to declare this offence on the application or not? thanks |
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