Immigrationboards.com

Hi,

This is a very embarrassing moment for me, but for whatever shame I deserve, I'm really really distressed as I'm eligible for ILR (completing 5 years on Tier 2) in 3 months time and I have just received two notices of intended prosecution for over-speeding, which would likely make it into my 4th FPN for over-speeding overall.

My first two FPNs resulted in a speed awareness course and a SP30 which resulted in a £100 fine & 3 points respectively (both happened in July 2018).

Since then I have been abiding very well with the speed limits, until I recently upgraded my car (which incidentally has 2.5 times the horsepower of the last, so I found it difficult to control in my first couple of days of driving).

So incidentally on my first day of driving this new car, I have so far received two NIP notices (for speeding at 36 and 35 mph in 30 mph zones). I'm expecting these to translate into two more FPNs and 6 penalty points (which will end up in 9 total points).

My question is, if I have any chance of ever getting an ILR or being naturalised at all?

I'm currently training as a GP and I have no other convictions or criminal records at all. Rather my peers & trainers note me for having an exceptionally good character.

Thank you,

ILR and naturalisation do NOT have the same character criteria. So do not mix things up.

As per immigration rules, only convictions that are recorded on your criminal record will affect ILR. Speeding is NOT a recordable offence and FPNs are issued for minor offences only. Having FPNs has no effect on ILR and they do not need to be declared.

For naturalisation, your whole character and conduct is considered as the grant of citizenship is totally discretionary. Having multiple FPNs in a short span of time shows a disregard for the law and may lead to a refusal.

Zimba wrote: ↑

Wed Aug 26, 2020 3:46 am

ILR and naturalisation do NOT have the same character criteria. So do not mix things up.

As per immigration rules, only convictions that are recorded on your criminal record will affect ILR. Speeding is NOT a recordable offence and FPNs are issued for minor offences only. Having FPNs has no effect on ILR and they do not need to be declared.

For naturalisation, your whole character and conduct is considered as the grant of citizenship is totally discretionary. Having multiple FPNs in a short span of time shows a disregard for the law and may lead to a refusal.

Thanks for your reply. I will see what comes of it. If say I apply for citizenship in 2022, if they refuse it on good character grounds, is it usually permanent or we are given a chance to apply later?

ilarious wrote: ↑

Wed Aug 26, 2020 7:47 pm

we are given a chance to apply later?

Usually the refusal letter tell the applicant as when can the application be reapplied.

ilarious wrote: ↑

Wed Aug 26, 2020 7:47 pm

Zimba wrote: ↑

Wed Aug 26, 2020 3:46 am

ILR and naturalisation do NOT have the same character criteria. So do not mix things up.

As per immigration rules, only convictions that are recorded on your criminal record will affect ILR. Speeding is NOT a recordable offence and FPNs are issued for minor offences only. Having FPNs has no effect on ILR and they do not need to be declared.

For naturalisation, your whole character and conduct is considered as the grant of citizenship is totally discretionary. Having multiple FPNs in a short span of time shows a disregard for the law and may lead to a refusal.

Thanks for your reply. I will see what comes of it. If say I apply for citizenship in 2022, if they refuse it on good character grounds, is it usually permanent or we are given a chance to apply later?

Often two or three years of clean record is what is needed. Good character for the natioality applications has a dedicated guide: https://www.gov.uk/government/publicati ... y-guidance

The guide above does NOT apply to ILR applications
The guide that covers the criminality threshold for ILR is the guide on General grounds for refusal (considering leave to remain): https://www.gov.uk/government/publicati ... -to-remain

ilarious wrote: ↑

Wed Aug 26, 2020 7:47 pm

Zimba wrote: ↑

Wed Aug 26, 2020 3:46 am

ILR and naturalisation do NOT have the same character criteria. So do not mix things up.

As per immigration rules, only convictions that are recorded on your criminal record will affect ILR. Speeding is NOT a recordable offence and FPNs are issued for minor offences only. Having FPNs has no effect on ILR and they do not need to be declared.

For naturalisation, your whole character and conduct is considered as the grant of citizenship is totally discretionary. Having multiple FPNs in a short span of time shows a disregard for the law and may lead to a refusal.

Thanks for your reply. I will see what comes of it. If say I apply for citizenship in 2022, if they refuse it on good character grounds, is it usually permanent or we are given a chance to apply later?

Thank you for the info.. Just one theoretical question, if you happen to have been called at a court or receive 12 points for which you get called at the court, then as we know we aren't eligible to apply for ILR for 24 months.

So in that case, if someone is on tier 2 visa. How can they extend their stay? As apparently one can't be on tier 2 visa for more than 6 years.

Not all court convictions are recordable. Recordable convictions are offences that carry a prison sentence under the law.
If you end up in court or get a fine, that does NOT necessarily mean you get a recordable offence. For example, driving without insurance leads to a court conviction but it is NOT recordable so no effect on ILR. Generally, only serious offences are recordable under the law and only those affect ILR (e.g drink driving, theft, etc).

If someone cannot get ILR and get already had max 6 years under Tier 2, they must find a new route to stay in the UK.