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Conditional offer on Speeding

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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coolbuddy1
Newly Registered
Posts: 5
Joined: Wed Oct 02, 2013 1:06 pm

Conditional offer on Speeding

Post by coolbuddy1 » Wed Oct 02, 2013 1:19 pm

Hi i have two conditional offers on my driving counterpart document

will this affect my British Citizenship?????

one conditional offer is on 22/07/2012 and the other one 26/09/2012.

i went apply thru NCS today she said my application may fail?????

i am tensed about this .....do u anyone know information on this.....

I have paid fines for both offers and have 6 penalty points on my driving license.....

What shall i do now....

Heisgood
Member
Posts: 219
Joined: Thu Oct 11, 2012 9:48 am

Re: Conditional offer on Speeding

Post by Heisgood » Wed Oct 02, 2013 1:55 pm

coolbuddy1 wrote:Hi i have two conditional offers on my driving counterpart document

will this affect my British Citizenship?????

one conditional offer is on 22/07/2012 and the other one 26/09/2012.

i went apply thru NCS today she said my application may fail?????

i am tensed about this .....do u anyone know information on this.....

I have paid fines for both offers and have 6 penalty points on my driving license.....

What shall i do now....
What were the offences? Hopefully minor offences and not reckless . Before the new guidance I would say they are not in the last 12mths so you should be ok. However, the new guidelines seem to suggest it's up to the case worker discretion as you have two in a short time. You can read the case worker latest guideline here. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 8:58 am

Post by innocentdevil » Wed Oct 02, 2013 2:16 pm

you will be fine as they were over 12 months ago.

coolbuddy1
Newly Registered
Posts: 5
Joined: Wed Oct 02, 2013 1:06 pm

Re: Conditional offer on Speeding

Post by coolbuddy1 » Wed Oct 02, 2013 2:57 pm

Heisgood wrote:
coolbuddy1 wrote:Hi i have two conditional offers on my driving counterpart document

will this affect my British Citizenship?????

one conditional offer is on 22/07/2012 and the other one 26/09/2012.

i went apply thru NCS today she said my application may fail?????

i am tensed about this .....do u anyone know information on this.....

I have paid fines for both offers and have 6 penalty points on my driving license.....

What shall i do now....

What were the offences? Hopefully minor offences and not reckless . Before the new guidance I would say they are not in the last 12mths so you should be ok. However, the new guidelines seem to suggest it's up to the case worker discretion as you have two in a short time. You can read the case worker latest guideline here. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


both SP30 speeding tickets... do i need to declare or not in the AN form
Last edited by coolbuddy1 on Wed Oct 02, 2013 4:01 pm, edited 2 times in total.

Amber
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Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Post by Amber » Wed Oct 02, 2013 3:04 pm

Submit your paper counterpart if you have points on your licence. So long as you don't have more than 1 FPN in the last 12 months you should be ok.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Heisgood
Member
Posts: 219
Joined: Thu Oct 11, 2012 9:48 am

Post by Heisgood » Wed Oct 02, 2013 3:17 pm

D4109125 wrote:Submit your paper counterpart if you have points on your licence. So long as you don't have more than 1 FPN in the last 12 months you should be ok.
Amber - That's really good news however this isn't clearly stated in the new guidelines? is it ?


3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices
for Disorder

Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are imposed
by the Police or other authorised enforcement officers for traffic rule violations, environmental
and civil violations. It is a way of the criminal justice system disposing of fairly minor offences
without the need for a person to attend court. Receiving one does not form part of a person‟s
criminal record, as there is no admission of guilt.
The decision maker will not consider these unless the person has:
a. failed to pay and there were criminal proceedings as a result; or
b. received numerous fixed penalty notices which would suggest a pattern of behaviour that
calls into question their character.
Where a fixed penalty notice or fiscal fine has been referred to a court due to non-payment or
the notice has been unsuccessfully challenged by the person in court, the decision maker will
consider this as a conviction and assessed in line with the new sentence imposed.

the nature of the collective offence(s). A decision maker is more likely to refuse an
application where a person has received numerous penalties for identical or similar
offences
. However, this does not necessarily mean that a person who receives a variety
of different disposals for different offences will have their application granted;
e. whether the person has any other convictions. This might be either historical or
recent enough to refuse an application in line with the table at section 2.1;
f. whether the person has any other factors that might question their character. The
decision maker may be on the borderline as to whether to grant or refuse an application
for other reasons. Where a person has several out-of-court disposals, this might tip the
balance towards a refusal;
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Post by Amber » Wed Oct 02, 2013 3:25 pm

See:
3.7(c) wrote:the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months
); however, they are more likely to refuse where a person‟s offending
shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Heisgood
Member
Posts: 219
Joined: Thu Oct 11, 2012 9:48 am

Post by Heisgood » Wed Oct 02, 2013 3:43 pm

D4109125 wrote:See:
3.7(c) wrote:the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months
); however, they are more likely to refuse where a person‟s offending
shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
I think based on all that is spelled out below the case worker will decide. It's not a clear case of A or B. Unfortunately HO continues to produce confusing guidelines hence the NCS person saying the application may be refused.

3.7 Considering Cumulative, Non-Custodial Sentences
Even where a person does not have a “non-custodial offence or other out of court disposal that
is recorded on a person‟s criminal record” (i.e. line 4 in the table in section 2.1) within the last
three years, the decision maker may still refuse the application if the person has numerous out
of court disposals that calls into question their character.
The factors a decision maker will consider include, but are not restricted to:
a. the number of disposals received. There is no set number that will lead to an
application being granted or refused. However, the higher the number, the more likely it
is that the application will be refused;

b. the period over which they were received. This is linked to the number of disposals
received. The decision maker may decide not to refuse if there were two or three
disposals received in a short period. However, they may refuse if the person received two
or three across a longer period if that demonstrated a more sustained disregard for the
law which calls into question their character. The decision maker is also more likely to
refuse where there the disposals are more recent, in particular things that have occurred
in the 12 months before the application;
c. the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months); however, they are more likely to refuse where a person‟s offending
shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
d. the nature of the collective offence(s). A decision maker is more likely to refuse an
application where a person has received numerous penalties for identical or similar
offences
. However, this does not necessarily mean that a person who receives a variety
of different disposals for different offences will have their application granted;
e. whether the person has any other convictions. This might be either historical or
recent enough to refuse an application in line with the table at section 2.1;
f. whether the person has any other factors that might question their character. The
decision maker may be on the borderline as to whether to grant or refuse an application
for other reasons. Where a person has several out-of-court disposals, this might tip the
balance towards a refusal;
g. the age of the person. The decision maker is more likely to disregard a few minor
indiscretions committed whilst the person was a minor or young adult. However, they are
less likely to do so where the disposals were issued in adulthood.
Each case will depend on its individual circumstances and will be determined on its own
merits.
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |

coolbuddy1
Newly Registered
Posts: 5
Joined: Wed Oct 02, 2013 1:06 pm

Post by coolbuddy1 » Wed Oct 02, 2013 4:08 pm

innocentdevil wrote:you will be fine as they were over 12 months ago.
Thanks for your advice

coolbuddy1
Newly Registered
Posts: 5
Joined: Wed Oct 02, 2013 1:06 pm

Post by coolbuddy1 » Wed Oct 02, 2013 4:12 pm

Heisgood wrote:
D4109125 wrote:See:
3.7(c) wrote:the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months
); however, they are more likely to refuse where a person‟s offending

shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
I think based on all that is spelled out below the case worker will decide. It's not a clear case of A or B. Unfortunately HO continues to produce confusing guidelines hence the NCS person saying the application may be refused.

3.7 Considering Cumulative, Non-Custodial Sentences
Even where a person does not have a “non-custodial offence or other out of court disposal that
is recorded on a person‟s criminal record” (i.e. line 4 in the table in section 2.1) within the last
three years, the decision maker may still refuse the application if the person has numerous out
of court disposals that calls into question their character.
The factors a decision maker will consider include, but are not restricted to:
a. the number of disposals received. There is no set number that will lead to an
application being granted or refused. However, the higher the number, the more likely it
is that the application will be refused;

b. the period over which they were received. This is linked to the number of disposals
received. The decision maker may decide not to refuse if there were two or three
disposals received in a short period. However, they may refuse if the person received two
or three across a longer period if that demonstrated a more sustained disregard for the
law which calls into question their character. The decision maker is also more likely to
refuse where there the disposals are more recent, in particular things that have occurred
in the 12 months before the application;
c. the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months); however, they are more likely to refuse where a person‟s offending
shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
d. the nature of the collective offence(s). A decision maker is more likely to refuse an
application where a person has received numerous penalties for identical or similar
offences
. However, this does not necessarily mean that a person who receives a variety
of different disposals for different offences will have their application granted;
e. whether the person has any other convictions. This might be either historical or
recent enough to refuse an application in line with the table at section 2.1;
f. whether the person has any other factors that might question their character. The
decision maker may be on the borderline as to whether to grant or refuse an application
for other reasons. Where a person has several out-of-court disposals, this might tip the
balance towards a refusal;
g. the age of the person. The decision maker is more likely to disregard a few minor
indiscretions committed whilst the person was a minor or young adult. However, they are
less likely to do so where the disposals were issued in adulthood.
Each case will depend on its individual circumstances and will be determined on its own
merits.
Thanks for your timely help .....i am planning to send paper counterpart....considering 3.7(c)..i think i can apply and see if they reject my application i guess i have to appeal when they send refusal letter..

I am applying Joint application with my wife.....
i want to know if my application rejects even my wife's application will reject or successful...

Thanks

coolbuddy1
Newly Registered
Posts: 5
Joined: Wed Oct 02, 2013 1:06 pm

Post by coolbuddy1 » Wed Oct 02, 2013 5:03 pm

Heisgood wrote:
D4109125 wrote:See:
3.7(c) wrote:the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months
); however, they are more likely to refuse where a person‟s offending

shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
I think based on all that is spelled out below the case worker will decide. It's not a clear case of A or B. Unfortunately HO continues to produce confusing guidelines hence the NCS person saying the application may be refused.

3.7 Considering Cumulative, Non-Custodial Sentences
Even where a person does not have a “non-custodial offence or other out of court disposal that
is recorded on a person‟s criminal record” (i.e. line 4 in the table in section 2.1) within the last
three years, the decision maker may still refuse the application if the person has numerous out
of court disposals that calls into question their character.
The factors a decision maker will consider include, but are not restricted to:
a. the number of disposals received. There is no set number that will lead to an
application being granted or refused. However, the higher the number, the more likely it
is that the application will be refused;

b. the period over which they were received. This is linked to the number of disposals
received. The decision maker may decide not to refuse if there were two or three
disposals received in a short period. However, they may refuse if the person received two
or three across a longer period if that demonstrated a more sustained disregard for the
law which calls into question their character. The decision maker is also more likely to
refuse where there the disposals are more recent, in particular things that have occurred
in the 12 months before the application;
c. the nature of any individual offence(s). The decision maker will consider what the
offence in question was and the penalties imposed as a result. They are unlikely to
refuse a person who has been penalised for a series of minor traffic violations, unless a
person has received numerous offences over a recent and short period of time (e.g. the
last 12 months); however, they are more likely to refuse where a person‟s offending
shows a pattern of offending which causes harm to other individuals or to the community
in general. For example cautions or warnings for offences that are sexual, violent or
involve drugs;
d. the nature of the collective offence(s). A decision maker is more likely to refuse an
application where a person has received numerous penalties for identical or similar
offences
. However, this does not necessarily mean that a person who receives a variety
of different disposals for different offences will have their application granted;
e. whether the person has any other convictions. This might be either historical or
recent enough to refuse an application in line with the table at section 2.1;
f. whether the person has any other factors that might question their character. The
decision maker may be on the borderline as to whether to grant or refuse an application
for other reasons. Where a person has several out-of-court disposals, this might tip the
balance towards a refusal;
g. the age of the person. The decision maker is more likely to disregard a few minor
indiscretions committed whilst the person was a minor or young adult. However, they are
less likely to do so where the disposals were issued in adulthood.
Each case will depend on its individual circumstances and will be determined on its own
merits.
Thanks for your timely help .....i am planning to send paper counterpart....considering 3.7(c)..i think i can apply and see if they reject my application i guess i have to appeal when they send refusal letter..

I am applying Joint application with my wife.....
i want to know if my application rejects even my wife's application will reject or successful...

Thanks

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Post by Amber » Wed Oct 02, 2013 5:53 pm

You should be fine.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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