BC with Traffic offence CU80

[bluebird2011]

Hi

Did anyone get British citizenship with FPN-traffic offence CU80 i.e using mobile whilst driving.

Regards

[doubletrouble]

need not mention as it was FPN.

[cricinfo]

need not mention as it was FPN.

A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

[Smallfamily]

I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent.

[selva]

need not mention as it was FPN.

A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

the next para says


We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.

All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.

the best way is to send a mail to UKBA and get the confirmation.

[cricinfo]

need not mention as it was FPN.

A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

the next para says


We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.

All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.

the best way is to send a mail to UKBA and get the confirmation.

The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving

[friend12345]

need not mention as it was FPN.

A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

the next para says


We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.

All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.

the best way is to send a mail to UKBA and get the confirmation.

The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving

I have applied Naturalisation with offence code LC 20 ( driving on international licence for more than a year in 2008 ), will update once I hear a word back.
Good Luck

[AmitS]

Any luck yet ??

[asim72]

I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent.

Wrong. There is no conviction, and when there is no conviction then there is no spent period. FPN is not a conviction. When they say that minor offences could be disregarded and using mobile is not a minor offence, then it means offence that a person has been found guilty of.

FPN IS NOT A CONVICTION. FULL STOP.

[asim72]

need not mention as it was FPN.

A bit confuse here. I think CU80 (using mobile whilst driving) does not come under minor offence. See guidance notes :

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

the next para says


We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to
make your application until you have no more than one fixed penalty notice in the 12
month period before applying.

All these things are come under good character requirement and if it is purely a Fixed Penalty Notices then I would think it will not be an issue.

the best way is to send a mail to UKBA and get the confirmation.

The paragraph i copied says it all. UKBA only disregard one minor offence like SP30 speeding offence but not major offence like CU80 using a mobile phone while driving

Please read again carefully.The paragraph you have quoted is talking about "convictions" of offences. FPN is not a conviction.

[semiautomatic]

I 100% agree with "cricinfo" it is not a minor offence. You should wait until the conviction is spent.

Wrong. There is no conviction, and when there is no conviction then there is no spent period. FPN is not a conviction. When they say that minor offences could be disregarded and using mobile is not a minor offence, then it means offence that a person has been found guilty of.

FPN IS NOT A CONVICTION. FULL STOP.

Asim72, you were absolutely spot on! We just received our citizenship approval today, despite my wife having a PCN CU80 and 3 points for driving while using mobile phone. So as long as it's not a conviction, as long as it has not gone to the court, as long it's only a FPN, there is nothing to worry about!!

[friend12345]

I have applied Naturalisation with offence code LC 20 ( driving on international licence for more than a year in 2008 ), will update once I hear a word back.
Good Luck

Just to update I had my application approved with LC20 on 17 May 2012, 3 points given in court.

[pradan]

Congrats friend12345 and semiautomatic.
Did you two use NCS?

I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.

Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards.

[friend12345]

Congrats friend12345 and semiautomatic.
Did you two use NCS?

I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.

Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards.

Thanks and no I sent my application myself NCS refused to take my application due to conviction.
If you had an FPN then that dont need mentioned on the application, dont worry about it.

Good Luck

[pradan]

Thanks
Will it mean NCS may not consider my application or yours was different scenario?
Regards.

[friend12345]

Thanks
Will it mean NCS may not consider my application or yours was different scenario?
Regards.

Yours is just an FPN, you will be ok FPN's dont need mentioned in the application.

[semiautomatic]

Congrats friend12345 and semiautomatic.
Did you two use NCS?

I am due to apply for BC..just got fixed penalty notice(not through court) for speeding (RTO act 1988, section 75,76 and 77). I am going to accept it and it is £60 fine and 3 points.

Two queies -
1) Do I need to declare it? - Is it under criminal convictions; as I understand its not a conviction (may b wrong)
2) If I declare it - any likely problems for the application
Thanks
Regards.

Pradan, if it's only an FPN (Fixed Penalty Notice) then you DO NOT need to declare it. We applied through NCS and the lady said we do not need tick the criminal conviction box since it's not a conviction only a Fixed Penalty. However, the NCS would take a copy of your driving license counterpart (paper part) and send it along to Home Office, as a proof that it's only an FPN and not a conviction.

[kasturi75]

Hi bluebird2011,
What is the outcome of your BC application? Have you declared the offence?? thanks

[bluebird2011]

Kasturi

I'm due to apply for BC in April 2013. I don't need to disclose it on the form. However, I'll send my licence and the couterpart in the application.

[kasturi75]

We have a similar case as my wife was stopped while driving using a mobile few months ago. She got a £60 fine & 3 points from police, no court case. We also are looking to apply for BC but not sure whether to declare this offence on the application or not? thanks

[skstorm]

my husband just got citizenship with

LC20 and CU80 convictions via court in 2009 and also a SP30 FPN in Oct 2012.

we put the 2 convictions under the convictions section and mentioned that he had received a FPN in 2012 under the "anything else you want to tell us" section.

We mentioned it to make sure that they didn't think we were trying to hide anything. His driving licence was also supplied with all the convictions clearly marked so we weren't telling them anything that they wouldn't have known.

Citizenship approval came through in 4 weeks

[balixonline]

Hello Learned ones I wonder if someone could help me please : )

I am intended to apply for BC and today tried making an appointment with local NCS but they refused because I have 3 points and fixed penalty of £75 on my license.

What happened was I was stopped holding mobile phone was driving despite of me not using the phone and was given FPN in Feb 2011. I challenged it in court but they did not take my argument into consideration and was convicted in Aug 2011 with £75fine and 3 points.

Now, NCS says I can not apply for BC?!!! is it true? Is there any way around it at all?

[Amber]

You need to wait until August 2014. There is discretion to ignore one minor conviction but as your offence was reckless I would'nt bother.

[balixonline]

So you are suggesting that I shouldn't apply until August 2014?!! and you are implying that in last 12 years that I have been driving this one thing means I have bad character despite I have been awarded certificate from met police of supporting them for cases and all.??

really!! ?

[Amber]

Yes, you would had been ok had you not challenged the FPN and lost. You now have a conviction.