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Absences outside of the UK 91 days in the last 12 months

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

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sams4u29
Junior Member
Posts: 61
Joined: Tue Sep 04, 2012 1:39 pm
India

Naturalisation application with 3 penalty points and driving offence (more than 12 months)

Post by sams4u29 » Sat Nov 21, 2020 4:28 pm

Hi

Can I please get some guidance on the success of Naturalization application if there is a driving offence against the applicant more than 12 months ago

I have a driving offence of CU20: Causing or likely to cause danger by reason of use of unsuitable vehicle with 3 penalty points on 09/07/2019

Is that going to be a problem to get the citizenship

sams4u29
Junior Member
Posts: 61
Joined: Tue Sep 04, 2012 1:39 pm
India

Absences outside of the UK 91 days in the last 12 months

Post by sams4u29 » Sat Nov 21, 2020 4:43 pm

Hi

I am intending to make a Naturalization application and found that I am outside the UK for 91 days in the last 12 months (including the departure and arrival dates)
Based on the document(page 16) published for home office staff on 01 September 2020 (Naturalisation-as-a-british-citizen-by-discretion_v6.0.pdf) - {"You must only count whole days' absences from the UK. You must not count the dates of departure and arrival as absences. "} - I am eligible and with in 90 day absence requirement

ILR granted date 07/09/2017

Questions:
1)what should I answer for Do you meet these residence requirements? Yes or No?
2)Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?Yes or no?
3)If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? Yes or No?

Please can someone tell me whether I should fill as Yes or No during the online application as my absences are acceptable by discretion guidance

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Naturalisation application with 3 penalty points and driving offence (more than 12 months)

Post by CULLINAN » Sat Nov 21, 2020 4:47 pm

How did you get the fine? FPN only or it led to court?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Absences outside of the UK 91 days in the last 12 months

Post by CULLINAN » Sat Nov 21, 2020 4:49 pm

Departure and arrival date from/to UK do not count as absence. Only full days are counted for absence outside UK. So that will be less than 90.

Please keep all your questions in ONE thread. Do not create multiple threads for each question.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

sams4u29
Junior Member
Posts: 61
Joined: Tue Sep 04, 2012 1:39 pm
India

Re: Naturalisation application with 3 penalty points and driving offence (more than 12 months)

Post by sams4u29 » Sat Nov 21, 2020 4:53 pm

Thanks for the prompt reply
It was a Fixed Penalty Note and I paid the fine with in the time frame given to me on the letter.
I did not leave it to Court proceedings

sams4u29
Junior Member
Posts: 61
Joined: Tue Sep 04, 2012 1:39 pm
India

Re: Absences outside of the UK 91 days in the last 12 months

Post by sams4u29 » Sat Nov 21, 2020 4:56 pm

Thanks once again

As they were different questions, I have created 2 threads apologies but thanks for the reply

Can you please confirm what my answers should be for the below questions?
Questions:
1)what should I answer for Do you meet these residence requirements? Yes or No?
2)Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?Yes or no?
3)If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? Yes or No?

Thanks

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CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Absences outside of the UK 91 days in the last 12 months

Post by CULLINAN » Sat Nov 21, 2020 4:57 pm

CULLINAN wrote:
Sat Nov 21, 2020 4:49 pm
Departure and arrival date from/to UK do not count as absence. Only full days are counted for absence outside UK. So that will be less than 90.
As long your absences are less than 90 in the last year you do meet the requirements.

1) Yes
2) No
3) No
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Naturalisation application with 3 penalty points and driving offence (more than 12 months)

Post by CULLINAN » Sat Nov 21, 2020 5:00 pm

sams4u29 wrote:
Sat Nov 21, 2020 4:53 pm
Thanks for the prompt reply
It was a Fixed Penalty Note and I paid the fine with in the time frame given to me on the letter.
I did not leave it to Court proceedings
Declare the FPN as it is recent and the points will still be endorsed on your license. Note FPN alone is NOT a criminal conviction so it will have no impact on your application though.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

sams4u29
Junior Member
Posts: 61
Joined: Tue Sep 04, 2012 1:39 pm
India

Re: Absences outside of the UK 91 days in the last 12 months

Post by sams4u29 » Sat Nov 21, 2020 5:08 pm

Yes I have declared the FPN (Driving offence) and thanks for the Prompt Reply

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