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Applying for BC with 7 points on Licence

Posted: Sat Oct 07, 2017 9:54 am
by coltam82
Morning All

I need some advice on Good character requirements.
I been in the country for 14 years, i got my ILR in july 2010 but have not applied for my BC.
I want to apply for my neutralisation, but a but worried i will get refused as i have 7 points on my licence for speeding. i Originally had 3 offences on my licence (3,3,7 points) One of the offences has expired but still showing on DVLA and the other two are still valid.
The two that are valid i got through the courts due to not replying to the traffic authorities in time.
Offence 1. Expired (But still showing)
Offence 2. Valid (Expired 17 Dec this year, but will still show for another year)
Offence 3. See below
Offence date: 23 Oct 2016
Expiry date: 23 Oct 2019
Removal date: 23 Oct 2020
Offence details

SP50: Exceeding speed limit on a motorway
Penalty points: 4
Fine: £338.00
Court/Fixed penalty office

1911: North and East Hertfordshire Magistrates’ Court



Will this effect my application for neutralisation

Thanks
Collin

Re: Applying for BC with 7 points on Licence

Posted: Tue Oct 10, 2017 8:28 pm
by coltam82
is there any members on this forum that has had the same situation as mine and got there Naturalisation

Re: Applying for BC with 7 points on Licence

Posted: Tue Oct 10, 2017 9:18 pm
by hussainfarhad
I'm in a similar position to you with one offence sp50 from February this year. It went to court as to not replying in time as well. I admitted it and paid the fine. I have sent the application in beginning of August and a waiting a response. According to some research and going through these forums I believe the caseworkers have discretion of discarding a minor offence of the rest of your application is ok.
Be sure to mention it. Also your first two offences have expired so I don't see them being counted although best to mention on the form.

It will be interesting to see more cases where people have got naturalisation in cases like ours.

Re: Applying for BC with 7 points on Licence

Posted: Tue Oct 10, 2017 9:36 pm
by baddy
coltam82 wrote:
Sat Oct 07, 2017 9:54 am
Morning All

I need some advice on Good character requirements.
I been in the country for 14 years, i got my ILR in july 2010 but have not applied for my BC.
I want to apply for my neutralisation, but a but worried i will get refused as i have 7 points on my licence for speeding. i Originally had 3 offences on my licence (3,3,7 points) One of the offences has expired but s till showing on DVLA and the other two are still valid.
The two that are valid i got through the courts due to not replying to the traffic authorities in time.
Offence 1. Expired (But still showing)
Offence 2. Valid (Expired 17 Dec this year, but will still show for another year)
Offence 3. See below
Offence date: 23 Oct 2016
Expiry date: 23 Oct 2019
Removal date: 23 Oct 2020
Offence details

SP50: Exceeding speed limit on a motorway
Penalty points: 4
Fine: £338.00
Court/Fixed penalty office

1911: North and East Hertfordshire Magistrates’ Court



Will this effect my application for neutralisation

Thanks
Collin
In my own opinion, I will advise you to wait till after October 2019 before you apply and make sure you dont get any fixed penalty notice before then.

My reason is that your good character will be questioned seriously. Once is a mistake but twice is a habit, and that is the way HO will see you. The last two FPNs were due to you not replying to the Police on time. It will be interpreted as not showing respect for the law. If you read the guidance on Good character, FPN cannot be the reason your application will be refused but the repeated pattern of FPNs will. Just wait till after October 2019. But you might be lucky if you pply before then, just make sure you declare all of them and attach your DVLA report.

Re: Applying for BC with 7 points on Licence

Posted: Tue Oct 10, 2017 10:09 pm
by coltam82
Even the expired ?

yeah i did read the section where it says about repeated offence, but it also states the there is no number to how many offences cause a refusal.Then they also state the more offences you have, the less chance you have get you Naturalisation

Re: Applying for BC with 7 points on Licence

Posted: Sun Oct 15, 2017 2:08 pm
by coltam82
I have applied for a Police clearance certificate, if that comes up clean/No trace. I would not have to declare my FPN?

Re: Applying for BC with 7 points on Licence

Posted: Sun Oct 22, 2017 2:56 pm
by coltam82
hussainfarhad wrote:
Tue Oct 10, 2017 9:18 pm
I'm in a similar position to you with one offence sp50 from February this year. It went to court as to not replying in time as well. I admitted it and paid the fine. I have sent the application in beginning of August and a waiting a response. According to some research and going through these forums I believe the caseworkers have discretion of discarding a minor offence of the rest of your application is ok.
Be sure to mention it. Also your first two offences have expired so I don't see them being counted although best to mention on the form.

It will be interesting to see more cases where people have got naturalisation in cases like ours.
Have you heard anything back ?
I’ve sent my application via jcap on Friday. Was told its up to the caseworkers discretion to approve or refuse

Re: Applying for BC with 7 points on Licence

Posted: Sun Oct 22, 2017 4:10 pm
by hussainfarhad
Nothing yet

Re: Applying for BC with 7 points on Licence

Posted: Sun Oct 22, 2017 8:04 pm
by coltam82
hussainfarhad wrote:
Sun Oct 22, 2017 4:10 pm
Nothing yet
Ok
Please let me know what your outcome

Re: Applying for BC with 7 points on Licence

Posted: Thu Oct 26, 2017 9:46 pm
by coltam82
hussainfarhad wrote:
Sun Oct 22, 2017 4:10 pm
Nothing yet
If you mind me asking
What did HO ask about your SP50

Re: Applying for BC with 7 points on Licence

Posted: Thu Oct 26, 2017 10:00 pm
by hussainfarhad
Just detail on what happened as on my form I had mentioned that I was currently fighting the FPN even though I had emailed them an update but maybe their system didn't update it with my case.

Re: Applying for BC with 7 points on Licence

Posted: Thu Oct 26, 2017 10:04 pm
by coltam82
Ahh ok,
Thanks
Hope for the best everything works out for you

Re: Applying for BC with 7 points on Licence

Posted: Thu Oct 26, 2017 10:07 pm
by coltam82
I got my Police Clearence certificate back
And it shows NO TRACE
so I have nothing against my name.
Was thinking the single justice procedure notice would leave something against my name

Re: Applying for BC with 7 points on Licence

Posted: Wed Nov 01, 2017 4:31 pm
by mz1101
Hi Guys,

I am also in similar type of situation.

I was convicted of motoring offence (MS90-failure to provide driver details) in my absence in Sept 2014.

I came to know about it in 2015, did a statutary declaration that i was not aware of the offence, hence it was discarded. New proceedings took place and unfortunately in Oct 2015 i got convicted again for the same MS90 offence.

Good character requirements state that you have to wait three years from the date of conviction.

If i had not done stat dec, three years would have passed (starting from Sept 2014) and would have been eligible to apply for naturalisation this year in sept. But now i have to wait for one more year

Any advise on this would be highly appreciated.

Re: Applying for BC with 7 points on Licence

Posted: Fri Nov 03, 2017 3:47 pm
by hussainfarhad
coltam82 wrote:
Thu Oct 26, 2017 10:04 pm
Ahh ok,
Thanks
Hope for the best everything works out for you
Hi mate
Thought I'd let you know I received a letter from HO with all my docs back and asking for evidence of my offence and evidence of fine being paid.
Hopefully that's good news otherwise they would have just refused at straight away if it was to be an issue.

Re: Applying for BC with 7 points on Licence

Posted: Sat Nov 04, 2017 11:16 am
by coltam82
hussainfarhad wrote:
Fri Nov 03, 2017 3:47 pm
coltam82 wrote:
Thu Oct 26, 2017 10:04 pm
Ahh ok,
Thanks
Hope for the best everything works out for you
Hi mate
Thought I'd let you know I received a letter from HO with all my docs back and asking for evidence of my offence and evidence of fine being paid.
Hopefully that's good news otherwise they would have just refused at straight away if it was to be an issue.

Thanks for the update
Ive just received my letter to go do my biometrics AGAIN!
I personally think the this biometrics is just a money making SCAM
I’ve done it about 5 times and I don’t see the point of doing it AGAIN

Hope all works out for you

Re: Applying for BC with 7 points on Licence

Posted: Sat Nov 04, 2017 11:18 am
by coltam82
mz1101 wrote:
Wed Nov 01, 2017 4:31 pm
Hi Guys,

I am also in similar type of situation.

I was convicted of motoring offence (MS90-failure to provide driver details) in my absence in Sept 2014.

I came to know about it in 2015, did a statutary declaration that i was not aware of the offence, hence it was discarded. New proceedings took place and unfortunately in Oct 2015 i got convicted again for the same MS90 offence.

Good character requirements state that you have to wait three years from the date of conviction.

If i had not done stat dec, three years would have passed (starting from Sept 2014) and would have been eligible to apply for naturalisation this year in sept. But now i have to wait for one more year

Any advise on this would be highly appreciated.
I thought if the offence is more than 6 months old they can’t convict you of the offence

Re: Applying for BC with 7 points on Licence

Posted: Sat Nov 11, 2017 1:42 pm
by hussainfarhad
coltam82 wrote:
Sat Nov 04, 2017 11:18 am
mz1101 wrote:
Wed Nov 01, 2017 4:31 pm
Hi Guys,

I am also in similar type of situation.

I was convicted of motoring offence (MS90-failure to provide driver details) in my absence in Sept 2014.

I came to know about it in 2015, did a statutary declaration that i was not aware of the offence, hence it was discarded. New proceedings took place and unfortunately in Oct 2015 i got convicted again for the same MS90 offence.

Good character requirements state that you have to wait three years from the date of conviction.

If i had not done stat dec, three years would have passed (starting from Sept 2014) and would have been eligible to apply for naturalisation this year in sept. But now i have to wait for one more year

Any advise on this would be highly appreciated.
I thought if the offence is more than 6 months old they can’t convict you of the offence
Just received my approval letter. So hopefully as long as everything else in your application is ok you should get approval too.

Re: Applying for BC with 7 points on Licence

Posted: Sat Nov 11, 2017 10:14 pm
by coltam82
hussainfarhad wrote:
Sat Nov 11, 2017 1:42 pm
coltam82 wrote:
Sat Nov 04, 2017 11:18 am
mz1101 wrote:
Wed Nov 01, 2017 4:31 pm
Hi Guys,

I am also in similar type of situation.

I was convicted of motoring offence (MS90-failure to provide driver details) in my absence in Sept 2014.

I came to know about it in 2015, did a statutary declaration that i was not aware of the offence, hence it was discarded. New proceedings took place and unfortunately in Oct 2015 i got convicted again for the same MS90 offence.

Good character requirements state that you have to wait three years from the date of conviction.

If i had not done stat dec, three years would have passed (starting from Sept 2014) and would have been eligible to apply for naturalisation this year in sept. But now i have to wait for one more year

Any advise on this would be highly appreciated.
I thought if the offence is more than 6 months old they can’t convict you of the offence
Just received my approval letter. So hopefully as long as everything else in your application is ok you should get approval too.
Congrats !!!!
Yeah I’m hoping for the best.

Re: Applying for BC with 7 points on Licence

Posted: Thu Mar 01, 2018 7:07 am
by coltam82
So I finnaly got my approval
Ceremony booked for the 14/03/2018