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FPN, court and naturalisation

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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macpie
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FPN, court and naturalisation

Post by macpie » Fri Aug 23, 2013 11:27 pm

Hi,

I would very much appreciate if someone could answer my question.
In a few months I will become eligible to apply for naturalisation but im worried that my application may be refused because of a silly mistake on my part of not paying my speeding ticket on time and ending up in court as a result. I moved houses right after getting the ticket and had a lot going on at that time and simply forgot about the ticket.
I pleaded guity in court and due to financial difficulties I was facing at the time I was ordered to pay £70 (the initial speeding ticket was £60) in small weekly installments.

Is it a ground for refusal?

Amber
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Post by Amber » Sat Aug 24, 2013 4:24 am

See the Good Character FAQ when were you convicted?
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macpie
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Post by macpie » Sat Aug 24, 2013 11:07 am

Thanks for replying to my question. The court case took place in November. After reading the link, I understand that I have to wait at least 3 years before applying :(
Is that correct? I had no idea that it was so serious. Is this going to appear on my disclosure as a criminal record? :(

Amber
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Post by Amber » Sat Aug 24, 2013 11:13 am

I'm afraid you're correct, a non custodial conviction is a bar for 3 years. There is an option on question 8 on the above link, though it's a risk and don't expect success. It may appear on your DBS certificate. If you had paid on time, you would have been ok.
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macpie
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Post by macpie » Sun Aug 25, 2013 5:07 pm

Im very gutted but im the only one to blame. Thank you once again for your reply! Does that mean I should be ok to apply 3 from the courtcase date?

Amber
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Post by Amber » Sun Aug 25, 2013 5:30 pm

Don't be too harsh on yourself, it's very difficult in life sometime and we all make mistake yours just happened to have been more detrimental as you're not yet naturalised. Unfortunately it's the fact that when a motoring offence goes to court and you're found guilty (or admit to guilt) then it becomes a conviction. An FPN issued by the police or local authority will not be a conviction as there is no admittance of guilt or court involvement. Whether you have a strong enough case to ask for discretion is difficult. You could ask for discretion, that but for your financial hardship the FPN would not have gone to Court an you would not have been convicted. For the purpose of Nationality, a single FPN in a 12 month period is not a bar.

Otherwise, you will be ok to apply after 3 years (subject to no more convictions).
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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