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aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Quick question

Post by aix » Wed Nov 17, 2004 7:27 am

Can a speeding offence have any negative impact on one's ILR or (later on) naturatisation application?

-aix

try-one
Member of Standing
Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Wed Nov 17, 2004 7:30 am

Quick question:
Overspeeding 10 Mph?
20 Mph?
just a ticket?
called to an audience, judge involved? banned your license???
-------------------------
Life is a journey, not a destination (S. Tyler)

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Post by aix » Wed Nov 17, 2004 8:01 pm

Sorry, should have provided more details.

The alleged offence is excess speed (60mph in a 40mph zone on a motorway). I understand that, if found guilty, the penalty is likely to be along the lines of three points + fine.

Thanks for any insights you can provide.

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Post by aix » Thu Nov 18, 2004 7:16 pm

anyone?

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Thu Nov 18, 2004 9:33 pm

I havent heard of anyone refused ILR or naturalisation on the basis of a speeding ticket. Have a look at the offcial requirements from their website for naturalisation.

As long as you have spent the right amount of time in the country i.e 4 + 1 year of ILR you should be fine. At no time should you have stayed in the country in breach of the immigration rules. That they will not tolerate.

Speeding ticket is also not a criminal offence.

Some links
http://www.ind.homeoffice.gov.uk/ind/en ... ation.html
http://www.workpermit.com/uk/naturalisation.htm

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Post by aix » Fri Nov 19, 2004 6:39 am

Thanks for the reply and pointers.

I myself could not find any indication that a minor speeding offence could have any bearing on either ILR or naturalisation proceedings. However, I would like someone to confirm this.

Also, does it make any difference if the penalty is imposed through the fixed penalty procedures or through the court system?

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Fri Nov 19, 2004 7:50 am

The best way to confirm this is either the HO themselves or an immigration lawyer. Its a trivial question and hopefully an inexpensive one ;)

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Post by aix » Fri Nov 19, 2004 7:54 am

Thanks for the hint ;-)

As I said, I would like to hear from someone with personal experience. I find it very hard to believe that nobody on this forums has had a similar experience. Anyone?

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Fri Nov 19, 2004 8:00 am

I am sure there are people with parking tickets and speeding tickets here in this forum :) , but none who took it as catiously as you have.

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: Quick question

Post by Jeff Albright » Fri Nov 19, 2004 10:02 am

aix wrote:Can a speeding offence have any negative impact on one's ILR or (later on) naturatisation application?

-aix
Oh come on... Of course, not!!

K2004
Member
Posts: 133
Joined: Thu Jul 08, 2004 10:15 pm
Location: London

Post by K2004 » Fri Nov 19, 2004 12:14 pm

I was cought driving on a bus lane at 18:45 on a bank holiday monday, ( at the time i thought the sunday rules apply on Bank holidays) , i paid the £50 pounds fine.. and recently got my ILR..

I think is as long as you dont go to court then its fine, so you do not need to mention it on your application.

:D

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Re: Quick question

Post by aix » Sat Nov 20, 2004 10:35 am

Jeff Albright wrote: Oh come on... Of course, not!!
That's what I thought, but thought it would be good to double-check.

Thanks

aix
Junior Member
Posts: 90
Joined: Tue Sep 07, 2004 6:53 am

Post by aix » Sat Nov 20, 2004 10:53 am

K2004,

Thanks for sharing your experience.
K2004 wrote:I think is as long as you dont go to court then its fine, so you do not need to mention it on your application.
Now, this is a very interesting point. It is still early days: we haven't even received an offer of fixed penalty yet. However, we think we have a very strong case and are prepared to put up a fight.

However, if we do this, it becomes rather likely that the matter would be referred to court. If this happens and the person is found guitly of the speeding offence, what difference would it make compared to simply accepting the fixed penalty offer? Would it have any bearing on the ILR and subsequent naturalisation applications?

Hm, this is indeed getting rather complicated... However, if anyone has any views on this, please share.

Thanks

K2004
Member
Posts: 133
Joined: Thu Jul 08, 2004 10:15 pm
Location: London

Post by K2004 » Sat Nov 20, 2004 1:37 pm

to be honest I dont know, but I wont risk it, clearly, in the ILR set(0)form there is a question about court convictions, also same when you apply for Citizen after. it depends on the caseworker, it may slow the process.. I suggest you contact DVLA and ask them about your case, and the procedures. they are always happy to get the money instead of taking the matter to court.

good luck

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