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citizenship application with 6 points on driving license

Posted: Wed Sep 11, 2019 2:24 pm
by sonrock
Hi everyone

I've made a stupid mistake by having 6 points on my driving license in just only 4 days. I know there is absolutely no excuse for this but the first time is when I was flying home on the last day from away work and my son was not well. I got caught by a police van.

After 3 days, he was getting better and I decided to take the whole family out before going back to work in an intense 7 weeks with no life, then he started to be ill in the late afternoon and needed his inhaler which we didn't bring with us because he just uses it sometime and before bed time only. We didn't expect that could happen during the day and I was flying home again to get him the medicines and got caught by another police van.

I paid for all the fines and have my license endorsed already, and wondering this could affect my naturalisation application this November.

I could have asked my wife to bear 3 points for me but I didn't do so and took full responsibility on my own, also let the insurer know straightaway with premium gone up, paid as well.

According to the HO's guidance, if you make 4 minor offences within 10 years staying in the UK, it doesn't count as Bad Characters.

During my 12.5 years in the UK, I've got a speed awareness course in April 2015, and this 2 speeding fines in July 2019. Rather than that, nothing else. All speeding offences happened on motorways and paid for.

According to my solicitor, if you declare the offences, there is no reason why the HO will refuse your application not to mentioned that I always pay all my taxes and never claimed benefits before.

I'm not sure if someone was in the same situation whilst they were applying for citizenship, please share your thoughts and experience with me, it'd be very much appreciated.

On another hand, my parents who are both 62 and retired now want to come and stay with us. We don't want to go for the 10 years visitor visa as the maximum time they're allowed to stay in 1 go is 6 months, but I'm not sure about the Family visa route because I now have ILTR and no ones can apply as my dependent. If you could please give me some advice about this too it'd be very much appreciated.

Many thanks and best regards,

Sr

Re: citizenship application with 6 points on driving license

Posted: Wed Sep 11, 2019 3:11 pm
by CR001
On another hand, my parents who are both 62 and retired now want to come and stay with us. We don't want to go for the 10 years visitor visa as the maximum time they're allowed to stay in 1 go is 6 months, but I'm not sure about the Family visa route because I now have ILTR and no ones can apply as my dependent. If you could please give me some advice about this too it'd be very much appreciated.
This is not relevant to your British citizenship questions or the British Citizenship sub forum.

If you are asking about the Adult Dependent Relative visa, post in the Family immigration sub forum HERE (click)

If you are specifically asking about visitor visas, post in the General Immigration sub forum HERE (click)

Re: citizenship application with 6 points on driving license

Posted: Wed Sep 11, 2019 3:54 pm
by sonrock
Hi, thanks for the advice. I was a bit lazy and wanted to combine everything in one topic, sorry for this.

Re: citizenship application with 6 points on driving license

Posted: Fri Sep 13, 2019 3:20 pm
by sonrock
Anyone has had similar situation like myself and was successful in naturalisation application can share your experience please?

Re: citizenship application with 6 points on driving license

Posted: Wed Sep 18, 2019 9:26 pm
by sonrock
anyone could please share your thought or experience?

Re: citizenship application with 6 points on driving license

Posted: Thu Sep 19, 2019 1:42 am
by zimba
Speeding should not affect BC unless you offended a lot

Re: citizenship application with 6 points on driving license

Posted: Fri Sep 20, 2019 10:31 am
by sonrock
Zimba wrote:
Thu Sep 19, 2019 1:42 am
Speeding should not affect BC unless you offended a lot
Thanks Zimba, as mentioned in my first post, during the past 12.5 years, I've got only 2 speeding offences which happened this July and 1 speed awareness course which happened 4.5 years ago. Other than that nothing else.

Re: citizenship application with 6 points on driving license

Posted: Fri Sep 20, 2019 10:00 pm
by sonrock
Zimba wrote:
Thu Sep 19, 2019 1:42 am
Speeding should not affect BC unless you offended a lot
I tried to google but not much successful although there are similar topics posted here at immigrationboards but the owners seem never reported back with their application outcome.

In some topics, I've seen members had the same situation like myself, having 6 points on their license within 12 months. Some suggested a 12 months cool-off then apply for BC, and some said these don't affect BC like you mentioned unless you have many during your time in the UK.

There is not an absolute solution for this one and I truly hope that ones who were successful/unsuccessful with your application when having the same conditions like mine now please share your experience.

Or if you know someone who was in the same situation like me now and their application outcome, please kindly share with me.

Very many thanks!

Re: citizenship application with 6 points on driving license

Posted: Fri Sep 20, 2019 10:11 pm
by zimba
I believe as it stands, it will have no effect. I do not know specific cases

Re: citizenship application with 6 points on driving license

Posted: Sun Sep 22, 2019 6:58 pm
by sonrock
Zimba wrote:
Fri Sep 20, 2019 10:11 pm
I believe as it stands, it will have no effect. I do not know specific cases
Many thanks Zimba, you boosted my confidence really :)

However, please take a look at the following article when the barrister mentioned the 12 months cool-off too https://www.freemovement.org.uk/british ... plication/

It's still unclear if anyone who was in the same situation like myself was successful or refused with their application. I'm still hopeful that ones will come ahead and shed some lights.

Many thanks,

Sr

Re: citizenship application with 6 points on driving license

Posted: Sun Sep 22, 2019 9:14 pm
by zimba
There are no rules for naturalisation just guidelines. Naturalization is purely discretionary so HO decides on to grant citizenship or not

Re: citizenship application with 6 points on driving license

Posted: Mon Sep 23, 2019 5:51 pm
by sonrock
Zimba wrote:
Sun Sep 22, 2019 9:14 pm
There are no rules for naturalisation just guidelines. Naturalization is purely discretionary so HO decides on to grant citizenship or not
Thanks Zimba for letting me know, based on years of being the mod and have seen plenty of cases, do you think the case workers are cold hearted and inhumane like they’re always treating immigrants for visa or settlement applications or ones who’re dealing with BC are better and more reasonable?

Re: citizenship application with 6 points on driving license

Posted: Mon Sep 23, 2019 6:04 pm
by CR001
sonrock wrote:
Mon Sep 23, 2019 5:51 pm
Zimba wrote:
Sun Sep 22, 2019 9:14 pm
There are no rules for naturalisation just guidelines. Naturalization is purely discretionary so HO decides on to grant citizenship or not
Thanks Zimba for letting me know, based on years of being the mod and have seen plenty of cases, do you think the case workers are cold hearted and inhumane like they’re always treating immigrants for visa or settlement applications or ones who’re dealing with BC are better and more reasonable?
Nationality Caseworkers follow the nationality laws and the good character requirement, to the letter. Visa caseworkers follow the immigration rules, to the letter. That is after all what the rules are for, to be followed. Those that think otherwise (and ho mistakes are not that common) are usually the ones who have something to hide, or are not completely honest or follow what they think is important or HO wants to see and ignore the documented rules and requirements.

Re: citizenship application with 6 points on driving license

Posted: Mon Sep 23, 2019 6:21 pm
by sonrock
CR001 wrote:
Mon Sep 23, 2019 6:04 pm
sonrock wrote:
Mon Sep 23, 2019 5:51 pm
Zimba wrote:
Sun Sep 22, 2019 9:14 pm
There are no rules for naturalisation just guidelines. Naturalization is purely discretionary so HO decides on to grant citizenship or not
Thanks Zimba for letting me know, based on years of being the mod and have seen plenty of cases, do you think the case workers are cold hearted and inhumane like they’re always treating immigrants for visa or settlement applications or ones who’re dealing with BC are better and more reasonable?
Nationality Caseworkers follow the nationality laws and the good character requirement, to the letter. Visa caseworkers follow the immigration rules, to the letter. That is after all what the rules are for, to be followed. Those that think otherwise (and ho mistakes are not that common) are usually the ones who have something to hide, or are not completely honest or follow what they think is important or HO wants to see and ignore the documented rules and requirements.
Fair enough and we all hope that many case workers are as fair as you are. The hostile environment has now been changed with the new name compliant environment :). Absolutely myself and others won't tolerate deceives or unlawful activities, but in many cases when genuine reasons provided with evidence and proof, many of us still need to settle down in court!

Re: citizenship application with 6 points on driving license

Posted: Mon Sep 23, 2019 11:30 pm
by zimba
sonrock wrote:
Mon Sep 23, 2019 5:51 pm
Thanks Zimba for letting me know, based on years of being the mod and have seen plenty of cases, do you think the case workers are cold hearted and inhumane like they’re always treating immigrants for visa or settlement applications or ones who’re dealing with BC are better and more reasonable?
Naturalisation is NOT an immigration application. It is a nationality application. Caseworkers follow the guidelines given to them by the secretary of the state and as per nationality law. You cannot challenge their decision is a court (unlike an immigration application) as per law, naturalisation is discretionary

Re: citizenship application with 6 points on driving license

Posted: Tue Sep 24, 2019 6:53 pm
by sonrock
Zimba wrote:
Mon Sep 23, 2019 11:30 pm
sonrock wrote:
Mon Sep 23, 2019 5:51 pm
Thanks Zimba for letting me know, based on years of being the mod and have seen plenty of cases, do you think the case workers are cold hearted and inhumane like they’re always treating immigrants for visa or settlement applications or ones who’re dealing with BC are better and more reasonable?
Naturalisation is NOT an immigration application. It is a nationality application. Caseworkers follow the guidelines given to them by the secretary of the state and as per nationality law. You cannot challenge their decision is a court (unlike an immigration application) as per law, naturalisation is discretionary
Thanks Zimba, I understand that nationality application cannot be challenged in court but I referred to immigration matters in my post :). That’s the reason why I asked if there is any difference in the way case workers treat applications in 2 categories or they just rigidly follow cold hearted rules and try to deny as many as possible. I’ve not seen or read elsewhere when they really used their discretion to grant permission for applicants, I might be wrong though :oops:

Re: citizenship application with 6 points on driving license

Posted: Tue Sep 24, 2019 7:02 pm
by CR001
I’ve not seen or read elsewhere when they really used their discretion to grant permission for applicants, I might be wrong though :oops:
You are wrong and really are misinterpreting and overthinking completely. ALL adult form AN applications are at HOs discretion. Most get approved. There is no 'vendetta' by the home office to refuse as many applications as possible. You are being paranoid.

Re: citizenship application with 6 points on driving license

Posted: Wed Sep 25, 2019 9:24 pm
by sonrock
CR001 wrote:
Tue Sep 24, 2019 7:02 pm
I’ve not seen or read elsewhere when they really used their discretion to grant permission for applicants, I might be wrong though :oops:
You are wrong and really are misinterpreting and overthinking completely. ALL adult form AN applications are at HOs discretion. Most get approved. There is no 'vendetta' by the home office to refuse as many applications as possible. You are being paranoid.
Haha maybe I’m paranoid :mrgreen: , I based my thought too much on immigration matters and believe the same will be applied for BC application.

The message you quoted above is when I referred to immigration matters which are considered compelling or compassionate but I’ve not read elsewhere that applicants were successful with their first attempted application and most had to settle in court. Sorry for didn’t make it clear.

And you’re maybe too confident :wink:

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 1:55 pm
by sonrock
Hello everyone

I'm on the process of filling the online application form now. I put 2 of the speedings in the form separately under the category Other. Do I need to include the speed awareness course that happened nearly 5 years ago?

It's a bit confusing when they mention the penalties such as disqualification because of speeding or driving without insurance which don't apply to me.

Please kindly advise me on this as I've drafted a detailed cover letter explaining and apologising for those 2 speedings which cost me 3 points each.

Very many thanks,

Sr

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 3:18 pm
by ttcg
I've got a history of Speeding Awareness Course over 2 years ago too.

I didn't mention it in the application because it's not a criminal conviction nor disqualification.

However, I mentioned in the cover letter about that course.

Good luck.

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 3:49 pm
by zimba
Speed Awareness course has nothing to do with driving offences. You do not need to declare it

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 4:29 pm
by sonrock
Many thanks for your replies and inputs.

Just to clarify and confirm, do I need to declare 2 speedings on the online application form or I'll have to mention them only in my cover letter?

Please kindly help because as mentioned earlier, the form is a bit confusing when it says disqualification due to speeding or driving without insurance only.

However it does say driving penalties so I presume we need to declare the speedings? or not?

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 6:23 pm
by zimba
NO NEED to declare speeding

Re: citizenship application with 6 points on driving license

Posted: Wed Dec 04, 2019 7:26 pm
by sonrock
Zimba wrote:
Wed Dec 04, 2019 6:23 pm
NO NEED to declare speeding
Thanks Zimba, so in the online application form I won't need to declare those but will have to mention them in my cover letter, is that correct?

Re: citizenship application with 6 points on driving license

Posted: Thu Dec 05, 2019 2:38 am
by zimba
No. There is no requirement to declare anything or have a cover letter