British Citizenship – Good Character

[orakzai1]

Hi guys sorry for posting here.
my application for natrulization got refused as I declared a traffic light offence in 05/2015 and got 100 pound fine and 3 points which was a fixed plenty notice and no court attenance but didn't elaborate this hoping the case worker will know this as they deal with these things on daily basis. The refusal says this comes under non custodial offence and I need to wait till 05/2018 before I can reapply. I have the fpn letter from police and fine pay slip as well. How should I word my appeal and what are chances of success? I don't have any other offences. Is there an exceptional grant minor offence category under section 10( of Chapter 18, Annex D) despite 3 years not lapsing since the date of conviction that i can apply under to get natrulization.
thanks

[ohara]

There is no appeal process. A single traffic light offence which resulted in a fixed penalty which you accepted should not have led to a refusal though. How did you declare it in your application?

You could apply for reconsideration, and risk another couple of hundred quid. Or you could do as they say and wait the 18 months before applying again.

[noajthan]

You can dig into such a vital question here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- see Sections 3 & 10

[orakzai1]

I have been refused citizenship because of a fpn for traffic light offence on 21/05/15 which has been considered as a non custodial offence & that I would need to wait to 3yr to offence to lapse before I can reapply for naturalisation. I have paid my 100 pound fine and 3 points in Glasgow sherriff court and didnt contest at all. My understanding is that 1 fpn in 12 month is allowed for good character. below is the reply to the case worker that i have appealed last month and no reply yet?

I would like to bring to your attention Letter Ref- M1670899 dated 26/09/16 with regard to refusal of my application for Naturalization which I received on the 20/10/16 where its mentioned that ground of refusal was due to a minor traffic offence on 21/05/2015 which has been considered as a non custodial offence & that I would need to wait to 21/05/18 before I can reapply for naturalization.

I would like to update that this was minor traffic light offence which is CONDITONAL OFFER OF FIXED PENALTY NOTICE (Letter from Police Scotland on 23/06/2015) where I was awarded 3 points and was told to pay a fine of 100 pound (Letter confirming payment on 02/07/2015) and did not involve any court attendance or challenging this decision or conviction from court.

I would like to bring to your attention with regard to chapter 18 Annex D the good character requirement section 3.2 stating Fixed Penalty notice must be disclosed, although will NOT normally be taken into account unless failure to pay & there are criminal proceeding as result or numerous in the last 12 months & receiving them does not form part of persons criminal record as there is no admission to guilt.

I am responsible Law Abiding citizen & would be grateful if this single minor traffic offence be disregarded, as I do fulfill all the other criteria for being a citizen of good character & the decision to refuse would be disproportionate & that this deemed an exceptional case as per Exceptional grants under section 10(b) of chapter 18 Annex D.
Do I have any chance of success as i have sent the paper work from police about my conditional offer of fixed penalty notice? how long do theses appeal take?
thanks

[ohara]

There is no appeal process, only reconsideration, and there is no set time for it. Reconsideration requests can take a year or more. See the timeline thread in this forum to get an idea.

[CR001]

Do I have any chance of success as i have sent the paper work from police about my conditional offer of fixed penalty notice? how long do theses appeal take?
thanks

Please keep all your posts/questions/queries in your own topic.

Did you complete form NR and pay the £272 reconsideration fee? There is no appeal process for naturaslisation.

[orakzai1]

sorry for putting this post here but i couldn't find this earlier. I have put request through via an NR form and paid 272 to home office and its been a 2 months now. I declared it as i driving offence. I wanted to get advise if a judical review would be a right way to deal with this issue?
thanks

[CR001]

You should wait for the outcome of your reconsideration request. Citizenship is a not a right or entitlement.

[CR001]

There is no appeal process. A single traffic light offence which resulted in a fixed penalty which you accepted should not have led to a refusal though. How did you declare it in your application?

You could apply for reconsideration, and risk another couple of hundred quid. Or you could do as they say and wait the 18 months before applying again.

User ohara asked you in October how you declared this in your application. Could you explain this.

[orakzai1]

Hi
I mentioned them in the criminal part of the application form but mentioned driving offence with 3 point and 100 pound fine but no sentence or ban. Now I feel I shouldn't have declared it in that section, I guess case worker should realise 3 point and 100 pound is not a big offence and should have elaborated as fpn in more details or put in other sections.