Traffic Offence Declaration

I'm eligible to apply for British citizenship in that I've lived in the UK over 10 years first on Tier 4 student visa, Tier 1 PSW visa, Tier 2 work visa and finally ILR. I meet all the requirements.

In the last week I've had my first ever traffic infringement in 6 years of holding a full UK licence and 15 years of holding a foreign licence. I was driving along and got caught by a traffic camera for running a red light.It literally changed from green to red in a fraction of a second and it was impossible to stop before crossing the red...apologies, I digress. I've received the intention to prosecute notice from the police asking me to identify the driver. I intend to respond early next week naming myself as the driver, accept the charge and pay whatever fine comes with it. Information online says it's a waste of time to try and contest it. These things happen and I'm not going to spend much time on it.

To the point;
1. The Home Office Naturalisation application form asks whether I've "received a penalty for a driving offence, for example disqualification for speeding or no motor insurance".
2. The Good Character Guidance (https://assets.publishing.service.gov.u ... idance.pdf) says:

"Receiving one [penalty notice] does not form part of a person’s criminal record. A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice..."

I feel like my offence is minor. The guidance says that this doesn't form part of a criminal record. I'm unsure as to whether I should declare it or not given I haven't been charged yet, but don't want to be "deceitful" on the other hand. I really would appreciate advice on this.

Thanks a lot in advance.

See, British Citizenship – Good Character Requirement FAQs (click).

Please correct me if I'm wrong but, as far as I'm aware, if one is caught running a red light (regardless of reasons) and they accept full responsibility the outcome is usually an FPN, licence endorsement (i.e. penalty points) and, quite possibly, a fine.

Under these circumstances this case wouldn't escalate to court and would not be considered as detrimental to OP's application as having a single FPN in the last 12 months is not normally grounds for refusal and ought to be disregarded, unless there is a pattern of offending (e.g. in previous years) which doesn't seem to be the case for the OP.

In either case it would probably be most prudent to wait for the outcome of the NIP before applying for citizenship. This way the OP would also be aware of how to declare it.

Thanks for your replies.

I have accepted the charge and have been offered (and I've accepted) a driver retraining course. This avoids any form of conviction or points in which case I don't need to declare.

The guidance link above technically notes that there is no requirement to declare a fixed penalty notice which this would have been had I been paying a fine rather than taking on the course.

TheDon wrote: ↑

Wed Feb 12, 2020 8:54 pm

Thanks for your replies.

I have accepted the charge and have been offered (and I've accepted) a driver retraining course. This avoids any form of conviction or points in which case I don't need to declare.

The guidance link above technically notes that there is no requirement to declare a fixed penalty notice which this would have been had I been paying a fine rather than taking on the course.

I will still advise you to declare it and explain that you accepted a driver retraining course. Declaring it will not affect your application. NOt declaring it could be dangerous because an offence was committed and you accepted the charge. You don't want to fall for deception on a minor issue like this.
PLEASE DECLARE IT.

I agree with the above. Even though there is no conviction, an offence was committed and the police will have this on record. Depending how thoroughly the HO check police databases, it may pop up. As it stands, your arrangement with the police is highly unlikely to affect the outcome of the application and declaring it will be of no harm.

Remember, supplying potentially irrelevant information will not impact an application, but withholding potentially relevant information could be detrimental. You would also risk a 10y bar on naturalisation if your application is refused on good character grounds.

I submitted the application online last night without declaring it assuming I was okay to proceed. Seeing the 2 messages of advice to simply declare now have me concerned. I've scheduled Sopra Steria appointment for mid next week. I wish I had seen your messages before. Any follow-up advice now?

TheDon wrote: ↑

Sat Feb 15, 2020 8:17 pm

I submitted the application online last night without declaring it assuming I was okay to proceed. Seeing the 2 messages of advice to simply declare now have me concerned. I've scheduled Sopra Steria appointment for mid next week. I wish I had seen your messages before. Any follow-up advice now?

Write a cover letter and declare it there, explaining the details of the offence, the charge and also the driver retraining course. You can then mention that you didn't declare in the application form because you were not sure, but after submission, you thought you should declare it. once you have written the letter, scan it and upload it to your UKVCAS account before your appointment.

Will do exactly that. Thanks very much!

When doing the online app at the start it asks whether applicant has an application with the home office that hasn’t yet been decided. Always wondered what that is for. Maybe something like this and it somehow gets linked to your original app based on a reference number?

TheDon wrote: ↑

Sat Feb 15, 2020 9:16 pm

Will do exactly that. Thanks very much!

When doing the online app at the start it asks whether applicant has an application with the home office that hasn’t yet been decided. Always wondered what that is for.
I dont think this is applicable to you. This is usually for people who have an active application yet to be decided and then want to make another application.
Maybe something like this and it somehow gets linked to your original app based on a reference number?

After submitting your application, you would have received an email will your case ID. You can quote that case ID in your cover letter.

All done. Included the details and attached correspondence on the charge. As you say, no harm including it if it's not deemed relevant but not worth taking a risk on. Thank you for the advice.

TheDon wrote: ↑

Sun Feb 16, 2020 9:57 pm

All done. Included the details and attached correspondence on the charge. As you say, no harm including it if it's not deemed relevant but not worth taking a risk on. Thank you for the advice.

You are welcome. All the best with your application. Do let us know how things go