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Fixed Penalty
Posted: Fri Jan 04, 2013 11:59 am
by herewego
Hi all., was wondering if i can get some advice from you guys. I've had 2 notice of behavior fixed penalties in the last 12 months. Can i still apply? i think i read somewhere on the application its best to wait 12 months before you apply if you have more than 1 fixed penalties. i don't know if the penalty i got is the same one as the one they talk about. what do u guys think should i apply??
Also Can someone tell me how long you have 2 wait if the application is unsuccessful to apply again?
One last thing, i dont know if i have 2 do the life in the UK test . I got my ILR when i was 17 and my father applied for it for me and i dont really remember doing any tests so do i need 2 do it know??
Thanks advance for all the help .
Posted: Fri Jan 04, 2013 3:43 pm
by asim72
You have asked a wrong question. You can apply when you want. The question should be whether it is likely that your application will be granted?
First thing first, you have got to pass Life in the UK test.
If you have 2 fixed penalties in 12 months preceding you application, then it will be refused, simple.
Only apply when in the 12 months immediately preceding your application, you have no more than 1 fixed penalty.
Also keep in mind that repetitive anti social behaviour could result in refusal of naturalisation even if its only fixed penalties.
Posted: Fri Jan 04, 2013 6:35 pm
by herewego
if i apply and get refused , how long do i need to wait to reapply??
Posted: Fri Jan 04, 2013 6:59 pm
by asim72
You did not get the message. You will be refused. If you have money to throw away , please give it to me. I need it desperately.
Posted: Sun Jan 06, 2013 7:03 pm
by herewego
could someone follow up and tell me how long you have to wait before you can reply??
thanks
Posted: Sun Jan 06, 2013 7:04 pm
by herewego
reapply i meant sorry
Posted: Sun Jan 06, 2013 7:19 pm
by asim72
You can reapply whenever you want. No waiting period as such.
But if you do not disclose something which you should, then UKBA will refuse your application and also bar you from naturalisation for 10 years.
Posted: Sun Jan 06, 2013 8:47 pm
by BigSam
Hi herewego,
asim is right, you can apply any time you want and you should declare both inctances. That said, it is likely that your application will be refused and the immediate consiquence is the loss of your fees.
Not sure what "behaviour fixed penalties" are, but assuming they are fixed penalty fines and you have not been convicted in a court of law, then it is advisable to wait until you have no more than one fixed penalty within 12 month of your application. i.e. if your fines were on April and August 2012 and your 1 year of ILR completes in February 2013, you are advised to wait until May 2013.
See below extract from the
guidance notes:
"
Fixed penalty notices will not normally be taken in to account, unless you have had more than one fixed penalty notice in the last 12 months. In that case you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying."
Posted: Sun Jan 06, 2013 9:17 pm
by herewego
there is nothing i need to disclose becuase its a fixed penalty and it says you dont need to disclose those.. i have 2 or 3 fixed penalties and i wanted to take the chance and apply but i dont really want 2 wait 5 years to reapply incase it gets refused. thats why i want to know when you can reapply?
Posted: Sun Jan 06, 2013 9:26 pm
by BigSam
Putting whether you need to declare them or not to one side. Your application is likely to be refused if you apply and you have had more than one fixed penalty within 12 months of the application.
If fees are not an issue to you, you can apply and try your luck
Posted: Sun Jan 06, 2013 10:22 pm
by herewego
how long do i need to wait to re apply ?
Posted: Mon Jan 07, 2013 6:53 am
by BigSam
Another extract from the
notes
"
If your application is refused , and there is clear evidence of the deception, any future application made within 10 years is unlikely to be successful."
Otherwise, like asim said, there is no waiting period