Do we have to declare PCN's for citizenship applications?

[Herald96]

This is in relation to the ''good character'' requirement for British citizenship.


I have been doing extensive research on this topic and there are many conflicting views and opinions.
As per the AN guidance document of July 2021 on page 28 it says as follows,


''
Criminality
You must give details of all criminal convictions both within and outside the UK.
These include road traffic offences.

Fixed penalty notices (such as speeding or parking tickets) must be disclosed,
although will not normally be taken into account unless:
• you have failed to pay and there were criminal proceedings as a result
• you received 3 or more fixed penalty notices at any level
• in the past 3 years you received 2 or more fixed penalty notices, at least one
of which was at the upper levels (fine of £200 or more). ''

https://assets.publishing.service.gov.u ... _final.pdf

Now please understand that there is a difference between a fixed penalty notice (FPN) which is stated on the document and a Penalty charge notice (PCN) which is usually for less dangerous offences.

• Please correct me if I am wrong, but would we really have to declare PCN's?

• If we do not, why could there potentially be an elemant of deception as I read some members stating before?

• I had read somewhere that a PCN would be reated the same as an FPN when it comes to naturalisation, how can that be?

• Are there any other sources or people who are familiar with this type of situation?

I haven't got the money to afford an immigration lawyer that could costs housands of pounds or between £100 - £150 for a 1 hour appointment in this regards, which is why I am asking here. There also don't see to be any specific government departments that coud clarify this topic for free


Any advice would be much appreciated!

[Herald96]

This is also recent,


Grounds for refusal: Criminality (Published November 2021)

''Fixed penalty notices, penalty charge notices and penalty
notices for disorder

Fixed penalty notices, penalty charge notices and penalty notices for disorder are
imposed by the police or other authorised enforcement officers for traffic rule,
environmental and civil violations. They enable the criminal justice system to dispose
of certain minor offences without the need for a person to attend court, and do not
form part of a person’s criminal record.

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...''

https://assets.publishing.service.gov.u ... nality.pdf

It doesn't say much about PCN's

[Ticktack]

This is also recent,


Grounds for refusal: Criminality (Published November 2021)

''Fixed penalty notices, penalty charge notices and penalty
notices for disorder

Fixed penalty notices, penalty charge notices and penalty notices for disorder are
imposed by the police or other authorised enforcement officers for traffic rule,
environmental and civil violations. They enable the criminal justice system to dispose
of certain minor offences without the need for a person to attend court, and do not
form part of a person’s criminal record.

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...''

https://assets.publishing.service.gov.u ... nality.pdf

It doesn't say much about PCN's

A PCN is a civil matter. You could get one for parking in the wrong places, forgetting to pay dart charge, flicking you cigarette butt on the floor and so on. All of that have to have no bearing on your character as a person and can be disregarded. You don't have to mention them.
However, if you refused to pay your fines and it then gets to court. The simple matter has now evolved into something else and would need to be declared.
FPN are a different kettle of fish. They need to be declared regardless. It shouldn't have an effect on your application as well, except you've racked up a lot of them in a short while. This then shows a pattern, that you have no regards for the laws of the land.

[Herald96]

Hey there Ticktack,

Thank you so much for your reply and clarification!
2 dying questions though...


If one was to declare the PCN's anyway for lets say peace of mind, how much would that affect the naturalisation application? As in like in my case, 2 PCN's in las 12 months and another 1 over a year ago.... All paid on time and documented, I was only a new driver after all.

Another question, could there be a possibility for the home office to consider this some form of deception? even though the wording only talks about declaring FPN's?


I never thought applying for citizenship could be this stressful

[mesn]

Hey there Ticktack,

Thank you so much for your reply and clarification!
2 dying questions though...


If one was to declare the PCN's anyway for lets say peace of mind, how much would that affect the naturalisation application? As in like in my case, 2 PCN's in las 12 months and another 1 over a year ago.... All paid on time and documented, I was only a new driver after all.

Another question, could there be a possibility for the home office to consider this some form of deception? even though the wording only talks about declaring FPN's?


I never thought applying for citizenship could be this stressful

You are over thinking. If you still want to mention, you can do it under the FPN section.

[mukesh_bhatt9]

I guess your application would have been approved? So 2 PCNs we’re not needed to be declared.