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Two FPNs in the 12 months before applying for naturalisation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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neoplatonian
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Posts: 2
Joined: Sat Jul 20, 2024 4:29 pm
India

Two FPNs in the 12 months before applying for naturalisation

Post by neoplatonian » Sat Jul 20, 2024 4:49 pm

Hi Everyone,

I received the following FPNs:

1. In 2021, I had gone through a speed awareness course after going at 34 m/hr 30 m/hr on a speed restricted road.

2. 8 August 2023: I was served an FPN and accepted a fixed penalty of £100 and 3 penalty points on driving record for exceeding 70 mph motorway speed limit

3. 7 November 2023: I was served an FPN for allegedly using my mobile phone while stationary at a red traffic light. I chose to accept the Fixed Penalty for 6 penalty points endorsement on driving license and a £200 fine. It led to the revocation of my DL as I was within two year probationary period.


I am eligible to apply for naturalisation on 27 July 2024.

The guidance says “multiple fixed penalty notices over a short period of time, could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character."

I need the forum's opinion on the following questions:

1. Would it help my case if I wait till 12 months have passed since the 2nd FPN (e.g. apply for naturalisation in September 2024 instead of July 2024)?

2. Following this line of reasoning, should I wait until November 2024 so that I have no FPNs in the 12 months preceding my application?

3. In the third FPN, according to some motoring lawyers I spoke with, I was in compliance with the law, as the law forbids "holding and using a handheld device", while my phone was at all times securely affixed to the cradle on the dashboard of my vehicle. However, I chose to comply with FPN and not risk challenging it as an ongoing court case or an eventual conviction would have jeopardized my naturalisation application. Would it help or hinder my case if I explain the circumstances of FPN and that I dispute it in my cover letter?

4. When I was appealing my third FPN to the police and preparing for a potential court case, several British nationals in my community had written letters of support commenting on my good character and how my driving abilities had helped them in times of need. Would it help to attach these in case my naturalisation application is subject to "balance of probabilities" test?

4. Speed awareness course FPN: I have lost the original FPN document and lost the details for this one, including the date. What would be a way I could declare it in my application?

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contorted_svy
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Posts: 4118
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: Two FPNs in the 12 months before applying for naturalisation

Post by contorted_svy » Sat Jul 20, 2024 6:35 pm

neoplatonian wrote:
Sat Jul 20, 2024 4:49 pm
Hi Everyone,

I received the following FPNs:

1. In 2021, I had gone through a speed awareness course after going at 34 m/hr 30 m/hr on a speed restricted road. No need to declare this.

2. 8 August 2023: I was served an FPN and accepted a fixed penalty of £100 and 3 penalty points on driving record for exceeding 70 mph motorway speed limit

3. 7 November 2023: I was served an FPN for allegedly using my mobile phone while stationary at a red traffic light. I chose to accept the Fixed Penalty for 6 penalty points endorsement on driving license and a £200 fine. It led to the revocation of my DL as I was within two year probationary period.


I am eligible to apply for naturalisation on 27 July 2024.

The guidance says “multiple fixed penalty notices over a short period of time, could demonstrate a disregard for the law and therefore demonstrate that someone is not of good character."

I need the forum's opinion on the following questions:

1. Would it help my case if I wait till 12 months have passed since the 2nd FPN (e.g. apply for naturalisation in September 2024 instead of July 2024)?

2. Following this line of reasoning, should I wait until November 2024 so that I have no FPNs in the 12 months preceding my application? Potentially it would help. I would be more worried about the fact that your DL has been suspended. When will you get it back? Potentially wait to apply until then?

3. In the third FPN, according to some motoring lawyers I spoke with, I was in compliance with the law, as the law forbids "holding and using a handheld device", while my phone was at all times securely affixed to the cradle on the dashboard of my vehicle. However, I chose to comply with FPN and not risk challenging it as an ongoing court case or an eventual conviction would have jeopardized my naturalisation application. Would it help or hinder my case if I explain the circumstances of FPN and that I dispute it in my cover letter? No. You admitted fault so I think it would be easier to leave things as they are

4. When I was appealing my third FPN to the police and preparing for a potential court case, several British nationals in my community had written letters of support commenting on my good character and how my driving abilities had helped them in times of need. Would it help to attach these in case my naturalisation application is subject to "balance of probabilities" test? I doubt it. I would instead take a safe driving course as evidence your character has changed.

4. Speed awareness course FPN: I have lost the original FPN document and lost the details for this one, including the date. What would be a way I could declare it in my application? You took the course hence no FPN was issued, no need to declare it.
All advice comes from personal research and experience and should not be regarded as professional opinion.

neoplatonian
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Posts: 2
Joined: Sat Jul 20, 2024 4:29 pm
India

Re: Two FPNs in the 12 months before applying for naturalisation

Post by neoplatonian » Mon Jul 22, 2024 1:37 am

Thank you so much.

"I would be more worried about the fact that your DL has been suspended. When will you get it back? Potentially wait to apply until then?"

I've since reapplied for a new driving license, cleared all the tests, and got a new one. Would you suggest I disclose and bring attention to the revocation of my license and subsequent renewal in my cover letter? And submit my new driving test pass certificate as a document? My understanding was that the revocation of license and whether I got a new one would be a matter for DVSA/DVLA, not a matter of Good Character Requirement or Home Office.


"No. You admitted fault so I think it would be easier to leave things as they are"

my understanding is that accepting a FPN is not an admittance of guilt (But if you suggest leaving this, then I would).

Would it help my case if I wait till 12 months have passed since the 2nd FPN (e.g. apply for naturalisation in September 2024 instead of July 2024)? I am asking based on some forum posts that suggest that previously the guidance used to say that one should wait until they have not more than one FPN in the last 12 months before applying.

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contorted_svy
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Posts: 4118
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: Two FPNs in the 12 months before applying for naturalisation

Post by contorted_svy » Mon Jul 22, 2024 10:03 am

I'd say that sitting for a new license could be proof of the change in your character. You are right that in and of itself getting a new licence is not strictly a matter for the HO but in this case, as your license was revoked because of repeated driving offences, it could cast a doubt on your character, hence my suggestion. You can submit the driving test pass from DVLA if you want alongside a cover letter that details your changed character. To my knowledge accepting the FPN is equivalent to admitting fault - I would just avoid opening that can of worms again as it could take a long time to get resolved.

For peace of mind, you could apply in November 2024 without any new FPNs to show your character has definitely changed - the revocation of your license is the most serious thing so I would suggest to apply once that happened more than 12 months from the date of application, so to ve extra sure apply in mid November. It is your decision at the end of the day.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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