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Traffic Offence SP 70

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

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PetDoc
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Traffic Offence SP 70

Post by PetDoc » Mon Jun 11, 2012 12:13 am

My family and I are planning to jointly apply for British Citizenship next month. I am a bit worried because I have a speeding offense.. can anyone help me please.

My circumstances:

28 June 2007 - Date entered UK with Limited Leave to Remain

03 March 2008 - caught by mobile police overspeeding in a motorway with a valid International Driving License. police officer said if only I have a full UK driving license he could have just given me a fixed penalty point and a fine. So, he told me to attend court and they will deal with it.

19 December 2008 - Date of conviction. Pleaded guilty. Received 6 points and paid £265.00

March 2010 - Passed driving test. Full UK driving license with 6 points endorsement.

07 March 2011 - gotten my ILR with declaration of speeding offense on my application

To apply for BC this july.. will I be successful?

All feedback will be highly appreciated.

geriatrix
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Post by geriatrix » Mon Jun 11, 2012 12:43 am

Police cannot issue fixed penalty notice to someone driving in the UK using an International driving permit (at least to those with non-EU issued IDPs). The fact that your offence was dealt with by a court was a matter of procedure rather than due to the severity of your offence or your refusal to pay or your refusal to accept that you were guilty of the offence.

I believe you should be okay.
Life isn't fair, but you can be!

PetDoc
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Joined: Sun Jun 10, 2012 11:08 pm

Post by PetDoc » Mon Jun 11, 2012 2:54 am

many thanks for the swift reply, sushdmehta. I've been reading through some of the threads and someone mentioned to this guy with sp30 offence code..

"Home Office will not approve an applicant with a driving offences conviction that has not been spent. Speeding offences are classified as criminal, therefore HO takes it seriously when considering BC applications."

and another guy..

"You should definately wait until ur conviction is spent...
6 points + magistrate court = no chance".

IS THIS CORRECT?

geriatrix
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Post by geriatrix » Mon Jun 11, 2012 8:11 am

Like I tried to explain before, the fact that your offence was dealt with by a court was a matter of procedure. But if you are unsure whether you have a conviction or an unspent conviction against you, you can request a basic disclosure before applying for naturalisation.

See also Annex D: The good character requirement
Life isn't fair, but you can be!

PetDoc
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Post by PetDoc » Mon Jun 11, 2012 9:42 am

Now if I request for a basic disclosure and it turns out with no conviction.. shall I still declare it in my AN the SP 70 speeding offence since I received points for it in court?

geriatrix
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Post by geriatrix » Mon Jun 11, 2012 9:54 am

No harm in disclosing it, given that a court judgement was involved in determining the charge / outcome of the offence.
Life isn't fair, but you can be!

friend12345
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Location: Newcastle upon Tyne

Post by friend12345 » Mon Jun 11, 2012 9:55 am

PetDoc wrote:Now if I request for a basic disclosure and it turns out with no conviction.. shall I still declare it in my AN the SP 70 speeding offence since I received points for it in court?
There is no harm in declaring it anyway, I had my citizenship approved with Traffic offence LC20, 3 points given in magistrate court.
All International Licence are dealt by court as Police can't issue points to the one holding an International Licence.

Good Luck

PetDoc
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Joined: Sun Jun 10, 2012 11:08 pm

Post by PetDoc » Mon Jun 11, 2012 12:12 pm

friend12345 wrote:
PetDoc wrote:Now if I request for a basic disclosure and it turns out with no conviction.. shall I still declare it in my AN the SP 70 speeding offence since I received points for it in court?
There is no harm in declaring it anyway, I had my citizenship approved with Traffic offence LC20, 3 points given in magistrate court.
All International Licence are dealt by court as Police can't issue points to the one holding an International Licence.

Good Luck
friend12345,

So in section 3.6 of AN "Do you have any criminal convictions in the UK or any other country (inc. traffic offences) or any civil judgements made against you?"... you've ticked yes? and details of first sentence: nature of offence: LC20, sentence given 3points... did you pay any fine?

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Mon Jun 11, 2012 1:44 pm

PetDoc wrote:
friend12345 wrote:
PetDoc wrote:Now if I request for a basic disclosure and it turns out with no conviction.. shall I still declare it in my AN the SP 70 speeding offence since I received points for it in court?
There is no harm in declaring it anyway, I had my citizenship approved with Traffic offence LC20, 3 points given in magistrate court.
All International Licence are dealt by court as Police can't issue points to the one holding an International Licence.

Good Luck
friend12345,

So in section 3.6 of AN "Do you have any criminal convictions in the UK or any other country (inc. traffic offences) or any civil judgements made against you?"... you've ticked yes? and details of first sentence: nature of offence: LC20, sentence given 3points... did you pay any fine?
I ticked yes, and then details, no didn't pay fine but I paid £30 court fees.

PetDoc
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Joined: Sun Jun 10, 2012 11:08 pm

Post by PetDoc » Mon Jun 11, 2012 2:09 pm

friend12345 wrote:
PetDoc wrote:
friend12345 wrote:
PetDoc wrote:Now if I request for a basic disclosure and it turns out with no conviction.. shall I still declare it in my AN the SP 70 speeding offence since I received points for it in court?
There is no harm in declaring it anyway, I had my citizenship approved with Traffic offence LC20, 3 points given in magistrate court.
All International Licence are dealt by court as Police can't issue points to the one holding an International Licence.

Good Luck
friend12345,

So in section 3.6 of AN "Do you have any criminal convictions in the UK or any other country (inc. traffic offences) or any civil judgements made against you?"... you've ticked yes? and details of first sentence: nature of offence: LC20, sentence given 3points... did you pay any fine?
I ticked yes, and then details, no didn't pay fine but I paid £30 court fees.
Thanks for the input. We booked an appointment for NCS and we're scheduled for the 12th of July. FINGERS AND TOES CROSSED! :wink:

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Mon Jun 11, 2012 2:13 pm

PetDoc wrote:
friend12345 wrote:
PetDoc wrote:
friend12345 wrote: There is no harm in declaring it anyway, I had my citizenship approved with Traffic offence LC20, 3 points given in magistrate court.
All International Licence are dealt by court as Police can't issue points to the one holding an International Licence.

Good Luck
friend12345,

So in section 3.6 of AN "Do you have any criminal convictions in the UK or any other country (inc. traffic offences) or any civil judgements made against you?"... you've ticked yes? and details of first sentence: nature of offence: LC20, sentence given 3points... did you pay any fine?
I ticked yes, and then details, no didn't pay fine but I paid £30 court fees.
Thanks for the input. We booked an appointment for NCS and we're scheduled for the 12th of July. FINGERS AND TOES CROSSED! :wink:
Just a suggestion, I would advise to send it yourself instead of NCS, NCS refused to take my application because they said we can't take applications with convictions they said it was an unspent conviction.

Good Luck to you whatever you go for :)

sato
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Post by sato » Mon Jun 11, 2012 5:50 pm

PetDoc, in naturalisation as a British citizen, caseworkers' guidelines are 'NOT to disregard unspent convictions'; in your case, excessive speeding.
You're wasting your money applying now.

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