Band-C Speeding Offence - Pending Outcome

[engfaraz]

After having a life-long clean licence, I managed to commit speeding offence on a variable speed part of a motorway. I went at 68 mph when the limit was temporarily set at 40 mph. I have received an intent of prosecution from the police. This has happened two months before I become eligible for naturalisation. So basically, I have seriously messed up my chances of getting citizenship for at least next 3 years.

I have read various examples here but in most cases people have had FPNs which are not as serious.

What do you guys think I should do? Should I

a) make my application, as technically I have not received a fine from the court
b) settle my fine, apply and see what happens
c) wait another three years and then make an applicatoin

I am gutted, as I was waiting for this day for almost a decade.

[CULLINAN]

I am assuming you have received a FPN? Just pay the fine and accept the points. As long as your matter is dealt with FPN alone, you will not have a criminal conviction.

Just declare the FPN in your AN application as “other penalty” and you will be okay.

Note: If the matter escalates to court and then you are fined by the court, it will be equivalent to a criminal conviction. You will have to wait 3 years in this case or maybe refused if you plan to go ahead otherwise.

[engfaraz]

I have not received a FPN and due to the speeds achieved, I will get a court fine, so basically a non-custodial sentence. meaning automatic rejection for 3 years. That is what my understanding is.

[CULLINAN]

I have not received a FPN and due to the speeds achieved, I will get a court fine, so basically a non-custodial sentence. meaning automatic rejection for 3 years. That is what my understanding is.

So then you have received a courts summons? In this case I am afraid, you will have a criminal conviction.

Page 17

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. See Deception and Dishonesty.

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

Given your good driving record and if you do not have any other criminal convictions, you may want to consider writing a cover letter and request the CW to apply discretion in your case.

Note, however, if your application is refused, your risk loosing the application fees but can apply again 3 years after date of conviction.

You must declare it anyways as otherwise you risk deception and a ban of 10 years.

[engfaraz]

Thanks for the reply. I have read the Home Office guide on what constitutes good character. But there was another government document which had a bit more detail on the traffic offences and what they meant in regards to immigration applications. Someone had posted a link to it on a different question which I now cannot seem to find. If anyone has it, please do share.

[CULLINAN]

Thanks for the reply. I have read the Home Office guide on what constitutes good character. But there was another government document which had a bit more detail on the traffic offences and what they meant in regards to immigration applications. Someone had posted a link to it on a different question which I now cannot seem to find. If anyone has it, please do share.

This is NOT an immigration application your making. AN application falls under the Nationality laws and you have to fulfil the criteria accordingly including good character requirements. For immigration application, this particular conviction would not have had any effect. Do not mix both.