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Spain Road traffic offence &applying for British Nationa

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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ap007
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Post by ap007 » Sun Sep 08, 2013 9:28 pm

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Last edited by ap007 on Fri Jan 03, 2014 5:43 pm, edited 1 time in total.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Sep 08, 2013 10:19 pm

It's not a good idea lie.

Derivaz
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Re: Spain Road traffic offence &applying for British Nat

Post by Derivaz » Sun Sep 08, 2013 10:35 pm

ap007 wrote:Hi,

I'm planning to apply for British Nationality in October 2013 and I do meet all the requirements.

However, whilst reading the AN guide, I just remembered I was issued a on-the-spot fine for speeding in Spain earlier this year (Feb 2013).

Should I declare this in the Criminal conviction section?? (The guide states that criminal conviction must be declared whether in the UK or abroad and this includes road traffic offences)!!

If i declare it, Will this affect my application?

Any info on what to expect will be greatly appreciated...

Thanks,
AP
The way I interpret it is that you have to declare convictions, but a speeding ticket can be a fixed penalty notice if you don't get a court summon or a conviction if you get a court summon.

I don't think you have to declare FPNs, but if it's within the last 12 months, you might have to, because it affects the application (if you have more than 1); but the difference is that if it's a FPN it won't affect your application, if it's only 1, if it's a conviction, your application will be refused for 3 years....

I think that's the right interpretation, but not 100% sure...

Derivaz
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Post by Derivaz » Sun Sep 08, 2013 10:40 pm

EUsmileWEallsmile wrote:It's not a good idea lie.
I think they consider it deception if you conceal information that would have resulted in a refusal; so if it's a conviction and he doesn't declare it, it will be deception, if it's a FPN and he has only one, maybe it's not deception; I'm not sure if FPNs have to be declared..

But anyway, do you think the HO are going to find out what he got a speeding ticket in spain?

Amber
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Post by Amber » Sun Sep 08, 2013 11:15 pm

An on the spot fine is not a conviction and thus, unless you've got points on your licence, it doesn't need declaring. But for piece of mind as its in the last 12 months, pop a brief statement in the extra information box.
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Derivaz
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Post by Derivaz » Mon Sep 09, 2013 12:57 pm

D4109125 wrote:An on the spot fine is not a conviction and thus, unless you've got points on your licence, it doesn't need declaring. But for piece of mind as its in the last 12 months, pop a brief statement in the extra information box.
It looks like I was right then 1) on the spot speeding fines are FPNs 2) we don't need to declare FPNs unless we got them in the last 12 months

:)

ap007
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Post by ap007 » Wed Oct 09, 2013 11:09 pm

Thanks for your comments everyone!

I'm still confused though whether a FPN for speeding in Spain is technically a "Criminal Conviction" or not!! The AN guide says a FPN does not form a part of person's crimal record as there is no admission of guilt! So, should I declare or not...?

It's not like I'm trying to hide it as I know it will be disregarded even if I declare it....

Is there any document in the UKBA website that says a FPN need not be declared?

Thanks!
Arvind

Derivaz
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Joined: Mon Jul 15, 2013 9:04 pm

Post by Derivaz » Thu Oct 10, 2013 2:43 pm

ap007 wrote:Thanks for your comments everyone!

I'm still confused though whether a FPN for speeding in Spain is technically a "Criminal Conviction" or not!! The AN guide says a FPN does not form a part of person's crimal record as there is no admission of guilt! So, should I declare or not...?

It's not like I'm trying to hide it as I know it will be disregarded even if I declare it....

Is there any document in the UKBA website that says a FPN need not be declared?

Thanks!
Arvind
I don't think you need to declare it, because it's not a conviction, but I think Amber meant, write a comment about it, in the additional comments sections explaining it, but I dont think it matters if you don't declare it; also i doubt they are going to check with the Spanish DVLA if you have any driving tickets.....

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