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Hi everyone
I am on tier 2 visa
I committed a speeding offence of 53mph on 30mph limit (so basically its considered band C)
I recieved the NIP which asking to identify the driver for a further SJPN
I read about the outcomes and realised its gonna ne either 6 points or maybe court and disqualification. + fine.
The question is how this will affect my ILR and neutralisation appliactions. (My ILR will be due in 17 months)
I read somewhere that speeding is a criminal record but it is not recordable .. but contrary some people said it affects neutralisation by delaying it 3 years (however the guidance of the home office was talking about the recordable out of court orders and not the non-recordable ones) so Iam a bit confused here and really want some advice .
Thank you

The good character requirements under ILR and naturalisation are NOT the same. These two processes are totally separate. Naturalisation is a fully discretionary process meaning that the home office can refuse to grant you citizenship for ANY reason they see fit. You have no right to be granted citizenship. So I suggest treating them separately

The criminality thresholds for visa/ILR is defined in the immigration rules. There is a whole guide on this: https://www.gov.uk/government/publicati ... riminality

In a nutshell, speeding does NOT affect ILR unless you are disqualified from driving. Then the rules allow the caseworker to refuse your ILR under discretionary refusal (for example if you are a persistent offender). If you however end up with a recordable offence in the last 24 months, the refusal is then mandatory. I suggest reading the guide above.

For nationality applications, the good character requirement applies. Here is a separate guide covering it: https://www.gov.uk/government/publicati ... y-guidance

For nationality applications, speeding on its own does not affect your nationality application unless you are disqualified from driving in court, convicted in court or have a persistent pattern of offending. Then your nationality application is very likely to be refused within 3 years of that conviction/offending.

Thanks alot for your response.
Just clarifying
1) would a single justice procedure notice be much better then than if I convicted in the court? Even if the outcomes are the same? Or are they all the same?

2) since I have been sent through the SJPN pathway so there is a big chance it might end up in court as the speed was high .. so If I went to the court and has been convicted and penalised but without disqualification... will that count as recordable? Or non-recordable offence? And will the 24 months waiting for ILR apply here?

3) The time patterns mentioned (24 months ILR or 3 years nationality) is that time calculated from the date of the offence or from the date of the conviction?

Will be so grateful if you can advice regarding the above questions .. Thank you.

Going to court is not necessarily the issue for ILR. The issue is the type of conviction you get there (recordable vs non-recordable).

e.g Fined for speeding is non-recordable but drink driving is recordable. For immigration/nationality purposes, your date of court conviction will be used.

I repeat and stress again that granting British nationality is purely discretionary, so the home office may choose to refuse your citizenship as they evaluate your character as a whole. I'd say that a court conviction might delay it for 3 years, unlike ILR.

Thanks alot for your response.

1) so for example if I went to court and been convicted for speeding and had fine and points... then this will be a non recorded offence (which I will need to declare in ILR application) but I dont need to wait for 24 months in that case. Is that right?

2) I understand that nationality is purely discretionary, however if the offence (through court) is non recorded shall I also wait for 3 years? (As in their criteria they were mentioning recorded offences)

Thanks so much

Zimba wrote: ↑

Thu Nov 25, 2021 1:21 am

Going to court is not necessarily the issue for ILR. The issue is the type of conviction you get there (recordable vs non-recordable).

e.g Fined for speeding is non-recordable but drink driving is recordable. For immigration/nationality purposes, your date of court conviction will be used.

I repeat and stress again that granting British nationality is purely discretionary, so the home office may choose to refuse your citizenship as they evaluate your character as a whole. I'd say that a court conviction might delay it for 3 years, unlike ILR.

I already explained that this all depends on the court verdict. Please read the guides provided above. I suggest seeking advice again here after you had the court's verdict

Can you please update us on what happened? Court appearance? And the outcome?