Immigrationboards.com

Dear advisers and gurus,

I am due to attend my naturalisation application in the local NCS in 2 weeks time. However, I have the following 3 questions, could the senior members please advise me on these. I have spent lots of time in the past week to review the relevant information in the forum regarding these issues but I am still on the unclear side.

- I was given a FPN for speeding (3 points on paper licence and £60 fine) back in 2006 (about 9 years ago) which I paid on-time. I believe 3 points were removed from my licence in 2010 (about 5 years ago). Do I need to declare this in my application form?

- I was given a Penalty Charge Notice (PCN) from London Borough of Hammersmith&Fulham in July 2015 (few months ago) which I paid the £65 fine on-time and that was the end of it. Do I need to declare this PCN on my application form?

- My wife called the police on me and I was arrested for assault in October 2011. I spent 3 nights in temporary retention (Friday night to Monday morning) to be sent to court on Monday. On Monday morning they called me and said you are free to go, so I did not go to the court. It happened in Scotland. Few months later, in 2012, I applied for my information on police computer. I received the response few weeks later. On Scottish Criminal History System form that I received it said DISPOSAL: NO PROCEEDINGS, and on Police National Computer form it said DISPOSAL: NOT PROCEEDED WITH. It is also written on the form NO CONVICTIONS, NO REPRIMANDS/WARNINGS/CAUTIONS. On the Notes section it was also written that "Temporary Retention details are held for 6 months for administrative purposes". THIS IS THE IMPORTANT ONE FOR ME. Please advise do I need to declare this? If I do not declare this, can it be a ground for my application to be rejected? (may not be relevant, but I am a doctor and living with the same wife and now we have a baby- so that was a 1 off incident).

I called the nationality team phone number. The person over the line was not interested and did not listen to me properly but he said to me to mention everything. However, I am not asking for unnecessary trouble. My personal view is, as long as it does not result in the rejection of my application I am happy NOT to mention it.

Many thanks.

It would be wise to mention it (which won't result in a refusal), whereas withholding the information could mean that your application is refused.

thanks Casa, is it your advice for all 3 items? or just the last one? where should I list them? in the extra information page or a separate cover letter?
Do other senior members suggest the same?
I am using NCS, is there a possibility that mentioning these result in them refusing to submit my application (I need to keep my original documents for the meantime).

anymore insight??
For declaring the abovementioned FPN or PCN does the answer to question 3.1 "Have you been convicted of any criminal offence in the UK or any other country?" have to be YES? or NO?

I was caught speeding in 2004 with similar points and fine. In 2011 I applied for ILR and in 2012 I applied for Naturalisation. At the time of my ILR application the solicitors told me that I do NOT need to mention this because the offence is “spent” under the “Rehabilitation of Offenders Act 1974”. A speeding offence of this nature (DVLA Code: SP50) is “spent” after 5 years of the offence.

As for PCNs, my view is that the fine is not to an individual it is to the car. Anyone can pay it off. If not paid then obviously the car’s registered keeper will be pursued for payment. I would not mention it.

I would certainly mention the arrest in Oct 2011.

secsmed wrote:anymore insight??
For declaring the abovementioned FPN or PCN does the answer to question 3.1 "Have you been convicted of any criminal offence in the UK or any other country?" have to be YES? or NO?

"No" because you were not convicted. You were charged but NOT convicted. I would still explain what happened in the additional space given, including the fact that you are living with the same family with a child.