Good Character Requirement - (Non-custodial conviction) When does the 3 year period start?
Posted: Sun Sep 27, 2020 12:32 pm
Hi all,
I am looking to submit my application for Naturalisation (have had ILR via the Long residency route since 2016). The question/or required advice is about the Good character requirement. Following are my concerns:
1. Got caught doing speeding (SP30) in June 2017, however never received any notification from the DVLA or the police. I had just moved homes and turned out that the matter was escalated to the court and they had put on 6 points instead of 3 + a huge fine for failing to give information relating to the identification of the driver of my car. This was dealt with by Preston Magistrates Court on 03/01/2018. I was first notified of this around Jan/Feb when Marstons got in touch to recover the fine - after which I made a few phone calls to the court and finally appeared in Court on 14/3/2018 to make a Statutory Declaration that I wasn't aware of any of this and pled guilty to the driving offence in June 2017. The court discarded the previous conviction with 6 points etc. and put it back to the original 3 points and a fine of 315 fine (which included 200 for speeding + 30 surcharge for fund victim services + 85 for FCOST). Below is what I got from the Memorendum of Conviction from the court:
Endorsements:
2. In addition to the above, the only other legal run-in I have is 3 additional points from May 2018 (which is now over 2 years old).
----------------------------
Now - as I understand the first one is a non-custodial conviction and therefore requires 3 years waiting before I can apply. The question is when does the 3 years period start from.. Is it.
A - Date of offence - which is June 2017 and therefore 3 years have passed and I can apply; or
B - Date of appearing in court and pleading guilty - which is March 2018 and therefore I should wait another 6 months until March 2019.
AND/OR
C - Does the May 2018 (second speeding offence) have any bearing on my application date considering it is past the 2 year mark and the fact that I have not had any FPNs in the last 12 months..
It would be great to get your advise please.
Thanks
Vivek
I am looking to submit my application for Naturalisation (have had ILR via the Long residency route since 2016). The question/or required advice is about the Good character requirement. Following are my concerns:
1. Got caught doing speeding (SP30) in June 2017, however never received any notification from the DVLA or the police. I had just moved homes and turned out that the matter was escalated to the court and they had put on 6 points instead of 3 + a huge fine for failing to give information relating to the identification of the driver of my car. This was dealt with by Preston Magistrates Court on 03/01/2018. I was first notified of this around Jan/Feb when Marstons got in touch to recover the fine - after which I made a few phone calls to the court and finally appeared in Court on 14/3/2018 to make a Statutory Declaration that I wasn't aware of any of this and pled guilty to the driving offence in June 2017. The court discarded the previous conviction with 6 points etc. and put it back to the original 3 points and a fine of 315 fine (which included 200 for speeding + 30 surcharge for fund victim services + 85 for FCOST). Below is what I got from the Memorendum of Conviction from the court:
Endorsements:
2. In addition to the above, the only other legal run-in I have is 3 additional points from May 2018 (which is now over 2 years old).
----------------------------
Now - as I understand the first one is a non-custodial conviction and therefore requires 3 years waiting before I can apply. The question is when does the 3 years period start from.. Is it.
A - Date of offence - which is June 2017 and therefore 3 years have passed and I can apply; or
B - Date of appearing in court and pleading guilty - which is March 2018 and therefore I should wait another 6 months until March 2019.
AND/OR
C - Does the May 2018 (second speeding offence) have any bearing on my application date considering it is past the 2 year mark and the fact that I have not had any FPNs in the last 12 months..
It would be great to get your advise please.
Thanks
Vivek