Naturalisation and FPN

CULLINAN · Post by **CULLINAN** » Mon Aug 03, 2020 8:23 pm

Dear Members,

Just today, I dug in the FPN topic and now I have second thoughts about my own case.

I understand an FPN alone, where there is no conviction has no affect on the naturalisation application.
But to declare it or not? General consensus is to declare it.

Probably, I should have declared it too but I have not.

But its not too late to write a cover letter as my case is still under consideration. What I do not want is to be caught up in deception!!

I received a FPN back in 2013 SP30/£100/3 points on license. I did not challenge it and paid it the very next day. Since then, I never had any FPN and this FPN was deleted off DVLA after 4 years.

I did not declare it in my ILR application, as I was of the view, it does not go on my criminal record and have been deleted off DVLA records. And did the same for my naturalisation application.

Q1) Does a FPN which is deleted off the DVLA records and not part of my criminal record still accessible to the Case Worker?

Q2) Should I write a cover letter and declare now even though I did not declare that in my ILR application?

Please can someone advise.

Thank you

CULLINAN · Post by **CULLINAN** » Mon Aug 03, 2020 10:26 pm

I have read many topics on the forum and internet and the possible answer I got is:

“For the same reason if you receive a fixed penalty (for example for speeding or careless driving) then this is not a criminal conviction. Nonetheless, as will be explained below, fixed penalty notices may still have to be declared even though they are not convictions.”

However:

“For an endorsement on your driving licence the conviction will be spent after 5 years (this covers any penalty points, including those acquired by a fixed penalty, or disqualification that is endorsed). It will however be spent after two and a half years if you are under 18.”

“ If a conviction is “spent” then it means that you don’t have to declare it. If you are asked if you have any criminal convictions, you can just deny this.”

In my case, I guess, my FPN is spent and I do not have to declare it.

I have found conflicting opinions on the board. Moderator “Amber” has said multiple times not to declare it on different threads. But many have said to declare it.

I know, declaring does not affect naturalisation application, but since now I have already applied, I do not want to send in a cover letter and make a mess for nothing.

If anyone else has a different opinion, please fee free to comment.

KenBossini · Post by **KenBossini** » Tue Aug 04, 2020 2:16 am

I believe if it's a one-off minor FPN, they will ignore you not declaring it as an honest mistake. What is SP30 for?

Regards,
K.

CULLINAN · Post by **CULLINAN** » Tue Aug 04, 2020 10:22 am

KenBossini wrote: ↑
Tue Aug 04, 2020 2:16 am
I believe if it's a one-off minor FPN, they will ignore you not declaring it as an honest mistake. What is SP30 for?

Regards,
K.

Thanks for the comment. SP30 is exceeding statutory speed limit on a public road.

Found a couple links where members were successful in a similar situation.

https://www.immigrationboards.com/briti ... 95420.html

CULLINAN · Post by **CULLINAN** » Sat Nov 14, 2020 1:08 pm

Alhamdullilah my British Citizenship Application is approved today. I would like to take this moment to thank everyone who has helped me in any way through out my immigration journey. A big shout out and thanks especially to moderators: @Marcnath, @Zimba, @CR001, @Vinny. I would also like to thank some members who are not much active on the forum. Thank you @Aman90 @Meesha @Bizman for being helpful in my journey.

PS: I did not declare my FPN in my application.

This thread is concluded now.

Thank you all

CULLINAN · Post by **CULLINAN** » Sat Nov 14, 2020 2:26 pm

Also for readers especially Tier 1 Entrepreneur applicants applying for Naturalisation:

Back in 2014, my P45 showed job leaving date 1 week after my Tier 1 Ent was approved. I was concerned if I had worker illegally for that week.

Just so anyone in the same situation knows, I had no issues and my AN application is approved.

bizman · Post by **bizman** » Wed Nov 18, 2020 1:07 am

Congratulations my friend Cullinan. It’s been a tough journey. I am really happy for you. Remember us in your prayers, we are just putting our application together to submit in January.

If I may ask can the children registration be done at the same time as my BC application and that of my wife. We are looking at waiting till our application is approved before applying for the children registration.

Also I was sent to driving school after I passed a traffic light a day before my ILR, I declared it then. Should I declare it now for BC application.
Thanks

CULLINAN · Post by **CULLINAN** » Wed Nov 18, 2020 10:18 am

bizman wrote: ↑
Wed Nov 18, 2020 1:07 am
Congratulations my friend Cullinan. It’s been a tough journey. I am really happy for you. Remember us in your prayers, we are just putting our application together to submit in January.

If I may ask can the children registration be done at the same time as my BC application and that of my wife. We are looking at waiting till our application is approved before applying for the children registration.

Also I was sent to driving school after I passed a traffic light a day before my ILR, I declared it then. Should I declare it now for BC application.
Thanks

Thank you my friend.

Yes you can apply for the family all together in one account. All applications are processed own their own merits. There is no concept of dependents for Naturalisation unlike ILR.

You should declare it as you declared it for your ILR. It will have no impact though.

CULLINAN · Post by **CULLINAN** » Wed Nov 18, 2020 10:25 am

@bizman
It is best to keep all your questions in your own thread so your history remains in one thread:

british-citizenship/form-an-for-natural ... l#p1908868

CULLINAN · Post by **CULLINAN** » Wed Nov 18, 2020 10:25 am

This thread is concluded and can be locked thanks.

Yasmin123 · Post by **Yasmin123** » Wed Nov 18, 2020 11:12 am

Hi Cullinan

I have question after viewing your case. I got same notice in January 2017 but I paid £100 and did course and no points came on my card. Do you think I should have mentioned that in my application?
I just remember that after looking at your case

Thanks

CULLINAN · Post by **CULLINAN** » Wed Nov 18, 2020 11:32 am

Yasmin123 wrote: ↑
Wed Nov 18, 2020 11:12 am
Hi Cullinan

I have question after viewing your case. I got same notice in January 2017 but I paid £100 and did course and no points came on my card. Do you think I should have mentioned that in my application?
I just remember that after looking at your case

Thanks

No need.

BootaKHAN · Post by **BootaKHAN** » Thu Nov 19, 2020 10:26 pm

CULLINAN wrote: ↑
Mon Aug 03, 2020 10:26 pm
I have read many topics on the forum and internet and the possible answer I got is:

“For the same reason if you receive a fixed penalty (for example for speeding or careless driving) then this is not a criminal conviction. Nonetheless, as will be explained below, fixed penalty notices may still have to be declared even though they are not convictions.”

However:

“For an endorsement on your driving licence the conviction will be spent after 5 years (this covers any penalty points, including those acquired by a fixed penalty, or disqualification that is endorsed). It will however be spent after two and a half years if you are under 18.”

“ If a conviction is “spent” then it means that you don’t have to declare it. If you are asked if you have any criminal convictions, you can just deny this.”

In my case, I guess, my FPN is spent and I do not have to declare it.

I have found conflicting opinions on the board. Moderator “Amber” has said multiple times not to declare it on different threads. But many have said to declare it.

I know, declaring does not affect naturalisation application, but since now I have already applied, I do not want to send in a cover letter and make a mess for nothing.

If anyone else has a different opinion, please fee free to comment.

I think it is good idea to declare . I had 8 points and fine by court . It was well over 6 year ago but declared and approved every time on renewal , RC , ILR and now Nationality. I believe you don't to get refuse on something is not an issue once it deleted from licence therefore better to declare . Note : it is my personal opinion / experience , not a professional advise .

CULLINAN · Post by **CULLINAN** » Thu Nov 19, 2020 10:28 pm

@BootaKhan
Your case is different that what is reported in the thread. You had a criminal conviction as you were fined by the court. FPN alone is not a criminal conviction. Anyways, I did not declare it and my application is approved already.

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