Conditional Offer of a Fixed Penalty and Naturalisation

[vineetnangia]

Good Character Requirement for Naturalisation

I have received the Conditional offer of a fixed penalty from Norfolk Constabulary with 3 points and £100 speed was 87 mph at 70 mph limit. Recorded by Mobile Speed Camera dated 30-Oct-2017 on A11. I have paid on 14th Nov and submitted my license where DVLA will place the points on my Driving License. By the side, I had only the letter proof stating that I have paid with the reference written on it as DVLA hasn’t updated their website and applied for the Naturalisation through NCS on 15th Nov 2017 with the letter photocopy attached along with my application.

The Same day, I called Home office Nationality helpline, maybe my question started explaining "That I have received fine (nervous)" they told me that you have to spent 3 years for that. then I explained I have received Fixed Penalty Notice but the spoke person phone was sticking to Fine section and told me it is your discretion to apply it or not. I am worried now.

My question is how it will affect the Naturalisation as it is not the FINE and doesn't come under Non-custodial Sentences and this is my first COFPN received 9th Nov 2017, since I got my first driving license.

Ref: https://www.gov.uk/government/uploads/s ... .0-EXT.pdf

Good character: nationality policy guidance under section 3.1 Fines is different and 3.2 is Fixed Penalty Notice (this should also include Conditional Offer of a Fixed Penalty)

Section 3: Criminal Convictions – Non-Custodial Sentences & Other Out of Court Disposals
3.1 Fines
A fine will be considered a “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4 in Table 2.1).
Even where a person does not have a fine within the last three years, the decision maker may still conclude that a person is not of good character – and therefore refuse an application – if they have received multiple disposals of this kind that show a pattern of offending.
Where this applies, the decision maker will consider the factors listed at section 3.8 – Considering Cumulative, Non-Custodial Sentences.

3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices for Disorder
Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are imposed by the Police or other authorised enforcement officers for traffic rule violations, environmental and civil violations. It is a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person’s criminal record as there is no admission of guilt.
The decision maker will not consider these unless the person has:
a. failed to pay and there were criminal proceedings as a result, or
b. received numerous fixed penalty notices which would suggest a pattern of
behaviour that calls into question their character.
Where a fixed penalty notice or fiscal fine has been referred to a court due to non- payment or the notice has been unsuccessfully challenged by the person in court, the decision maker will consider this as a conviction and assessed in line with the new sentence imposed.
Where b. applies, the decision maker will consider the factors listed at section 3.8 – Considering Cumulative, Non-Custodial Sentences.
Further information on Penalty Notices for Disorder is available on the Ministry of Justice website: http://www.justice.gov.uk/downloads/ooc ... e-oocd.pdf