Immigrationboards.com

Hello friends!

I am due to apply ILR this month, i have 3 points on my driving license, I just want to know if all penalty points must be cleared before one can applyfor naturalisation and British passport.

Thanks

Almost anyone can actually apply, now if you have any chance of getting it is another matter.

What are your points for? Was their a court case involved?

friendinneed wrote:Almost anyone can actually apply, now if you have any chance of getting it is another matter.

What are your points for? Was their a court case involved?

I got 3 points and fine by court for driving on international license, I didnt know it was only valid for 1 year, and yes I went to the court and pleaded guilty.

Then you have been convicted of a criminal offence and presumably it still isnt spent yet.

There have certainly been some on here that have had their applications declined due to motoring offences.

the advice on the UK BA website is:

I have a recent conviction for a minor offence. Should I still wait until the conviction has become spent before I apply for citizenship?

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 offences' we mean speeding or other 'regulatory' offences.

Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.

I think you should be fine.

The police should have just giving you point and fine but if you are on international license, you will have to go to court.

I believe it should go with Fixed penalty driving offence. Buy you can explain that you had to go to court for the point to be awarded as police cannot deal directly with international driving license.

I don't think that even the courts can award points to a non UK licence. Only the foreign authority can do so. Drivers on non UK licence are referred to the courts to get fines instead of the points.

In this case, it wasn't a driving offence while on international licence. He was driving with a licence which was no longer valid (as he was more than 1 year in the UK). This is equivalent to driving without having a licence which I would think is not a minor offence.

How much was the fine for? This could show how serious the offence was. How did you get points on your licence if you only had international licence? Or did you also have a provisional licence?

Jambo wrote:I don't think that even the courts can award points to a non UK licence. Only the foreign authority can do so. Drivers on non UK licence are referred to the courts to get fines instead of the points.

In this case, it wasn't a driving offence while on international licence. He was driving with a licence which was no longer valid (as he was more than 1 year in the UK). This is equivalent to driving without having a licence which I would think is not a minor offence.

How much was the fine for? This could show how serious the offence was. How did you get points on your licence if you only had international licence? Or did you also have a provisional licence?

Actually you can now get endorsements without going to court with a non DVLA issue licence - it is processed the same way - difference is a 'ghost' DVLA licence is created to go alongside your non DVLA licence and endorsements are added that way. You nolonger have to go to court if you have a fixed penalty but hold a non-DVLA licence.

04501 PROCEDURE – FIXED PENALTY SYSTEM –
TRAFFIC OFFENCES
3.6.3. On payment of the fixed penalty notice the Courts Fixed Penalty Office will create a “driver record” from data taken from the foreign licence (and input by CTO) and forward it to the DVLA with the details of the endorsement.
3.6.4. The “driver record” will be retained at DVLA and updated with any subsequent endorsement –and ultimately the driver could be disqualified under the totting up legislation.

http://www.hampshire.police.uk/NR/rdonl ... /04501.pdf

Jambo wrote:I don't think that even the courts can award points to a non UK licence. Only the foreign authority can do so. Drivers on non UK licence are referred to the courts to get fines instead of the points.

In this case, it wasn't a driving offence while on international licence. He was driving with a licence which was no longer valid (as he was more than 1 year in the UK). This is equivalent to driving without having a licence which I would think is not a minor offence.

How much was the fine for? This could show how serious the offence was. How did you get points on your licence if you only had international licence? Or did you also have a provisional licence?

Hi Jambo, Yes I had a provisional licence too that is where I had points on and the fine was £30, I even explained in the court that I didn't know that I was not allowed to drive on international licence after one year and I could drive as long my international licence was valid.
I've been reading the ILR section and someone was granted ILR with same offence as mine as they were told point and fine issued for driving on international licence is a fixed penalty even its dealt by court, If you read this post that might clear some doubts.
http://www.immigrationboards.com/viewtopic.php?t=94854

Regards