Point on Driving licence

Khan51214 wrote: ↑

Sat Jan 30, 2021 1:03 am

Hi ,

All seniors members help needed as you guys helped me before .

I am planning to apply naturalisation application after 5th feb 2021 as i am eligible i got ILR ON 5TH FEB 2020 . I have one question to ask

In june 2018 i received 6 penalty points on my driving licence for No insurance and endorsement for LC20 . I declared these penalty points on my ILR application and received without any problems now i heard that i cannot apply naturalisation until 3 years pass. I am confused here as my DBS is clean no problem there.


Can i apply now naturalisation or Cannot?

Thanks in advance

CULLINAN wrote: ↑

Sat Jan 30, 2021 1:19 pm

Do you think we do not sleep at night?

You should wait 3 years from the date of conviction.

ILR falls under the immigration rules, Nationality falls under the Nationality laws and good character requirements.

A fine counts as a criminal conviction and forms part of someone’s criminal record. Fines must be declared and may result in refusal if received within the last three years. Failure to declare may result in an application being refused on the grounds of deception.

A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction. In such instances, they should be treated in line with the sentence imposed by the court.

CULLINAN wrote: ↑

Sat Jan 30, 2021 3:29 pm

A fine counts as a criminal conviction and forms part of someone’s criminal record. Fines must be declared and may result in refusal if received within the last three years. Failure to declare may result in an application being refused on the grounds of deception.

A fixed penalty notice will not normally result in refusal unless the person has failed to pay or has unsuccessfully challenged the notice and there were subsequent criminal proceedings resulting in a conviction. In such instances, they should be treated in line with the sentence imposed by the court.

Page 17
https://assets.publishing.service.gov.u ... gov-uk.pdf

Applicants are required to disclose all convictions, regardless of whether or not they are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take into account any past convictions regardless of when they took place, as nationality decisions are exempt from section 4 of the 1974 Act that provides for certain convictions to become ‘spent’ after fixed periods of time.

CULLINAN wrote: ↑

Sat Jan 30, 2021 6:05 pm

Also the 6 points endorsed on your license will show up on DVLA record.

The criminal conviction even if spent must still be declared. Yours is very recent anyways. You must declare it even if you apply in June 2021 but it will have no impact then.

Applicants are required to disclose all convictions, regardless of whether or not they are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take into account any past convictions regardless of when they took place, as nationality decisions are exempt from section 4 of the 1974 Act that provides for certain convictions to become ‘spent’ after fixed periods of time.

https://www.freemovement.org.uk/british ... e_declared

A fine counts as a criminal conviction and forms part of someone’s criminal record.

CULLINAN wrote: ↑

Mon Feb 01, 2021 8:39 pm

By court? or FPN?

Khan51214 wrote: ↑

Mon Feb 01, 2021 8:52 pm

CULLINAN wrote: ↑

Mon Feb 01, 2021 8:39 pm

By court? or FPN?

Not by court . Police give me on the spot . I did not challenge .

At any time have you ever had any of the following, in the UK or in another country?
A criminal conviction
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
An arrest or charge for which you are currently on, or awaiting trial
A caution, warning, reprimand or other penalty A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
A civil penalty issued under UK immigration law