Driving offence or criminal conviction?

[pbpk123]

Hi,
I am eligible to apply for naturalisation on 27th January 2024 and want to confirm if it is OK to do with the following offences.

1. offence date - 23-07-2022. 6 points and £576 fine from magistrate court on 14 feb 2023 for SP50-exceeding variable speed limit of 40 mph on M6 Motorway (i was going on 68 mph).

Should I select criminal conviction or driving offence?

And if this is under criminal conviction then what date should I put in July 2022 or Feb 2023?

And if it is Feb 2023 then should I wait for 1 year at least before applying for naturalisation?

2. offence date - 15-04-2023. 3 points and £100 fine from police for SP30-Exceeding speed limit of 30mph on restricted road.

3. I have two more PCN in 2022 (1 for driving in clean air zone paid £60, and one for entering in bus lane paid £35).

Is it OK to apply now with these two offences?

If not then what is best time to apply?

Thanks

[contorted_svy]

I think both are driving offences, not criminal. The issue I see is that you got them relatively close together (around a year from each other) which could indicate a pattern of disrespecting the law. On the other hand, you didn't cause damage to other people. I suggest you review the Good character guidance https://assets.publishing.service.gov.u ... racter.pdf


May I ask why did you get an order from the court to pay so long after? Did they notify you that late or did you try to contest it? I think you should put the date of the offence and then elaborate further in a cover note.

I don't know what is the stance of caseworkers on speeding offences, maybe other members can offer more insight - it may not be a terrible idea to wait for a few more months until you apply and be very cautious as to avoid any other speeding tickets, to show it was just a coincidence you got two so close in time, and aren't going to do it anymore.

[pbpk123]

Thanks for your helpful reply and suggestion.

Court was late to notify and also first i got letter from police informing that they are sending the case to the court as speed difference is big. Then court sent me SJPN very late.

You right that based on updated guidance this is not a straightforward rejection and depends on the balance of probabilities.

[abbott25]

Seek assistance from the a good lawyer, not to assist you on your application rather how this will apply in a goods character, pay £100 to save £1580, just because of desperation , it’s not criminal but quote the other person about the proximity of those offences , they may see the patent of a person who continuesly disobey laws and order

[Bilal5489]

Dear All,

Apologies in advance if this is not the right place to write my concern/ questions.

I have submitted my naturalisation application. However, I received a PCN from Hilton Hotel parking, and I challenged that I was attending a wedding. Still waiting for their decision. Further, I unintentionally drove through a red light today. There were two cameras at the top of the light, so I don’t know whether those were the cameras or just sensors. Now I have biometrics on February 9. Do I need to write a covering letter to disclose these two incidents, or what shall I do? It all happened after the online application.

Thank you

[MuhammadM86]

Hi,
I am eligible to apply for naturalisation on 27th January 2024 and want to confirm if it is OK to do with the following offences.

1. offence date - 23-07-2022. 6 points and £576 fine from magistrate court on 14 feb 2023 for SP50-exceeding variable speed limit of 40 mph on M6 Motorway (i was going on 68 mph).

Should I select criminal conviction or driving offence?

And if this is under criminal conviction then what date should I put in July 2022 or Feb 2023?

And if it is Feb 2023 then should I wait for 1 year at least before applying for naturalisation?

2. offence date - 15-04-2023. 3 points and £100 fine from police for SP30-Exceeding speed limit of 30mph on restricted road.

3. I have two more PCN in 2022 (1 for driving in clean air zone paid £60, and one for entering in bus lane paid £35).

Is it OK to apply now with these two offences?

If not then what is best time to apply?

Thanks

This is definitely not criminal.

[contorted_svy]

Doesn't matter if it is not a criminal offence - fixed penalty notices and out of court disposals must be disclosed as part of the godo character requirement. Repeat driving offences can indicate a pattern of disregard for the law (especially in the 12 months leading to the application).

[MuhammadM86]

Doesn't matter if it is not a criminal offence - fixed penalty notices and out of court disposals must be disclosed as part of the godo character requirement. Repeat driving offences can indicate a pattern of disregard for the law (especially in the 12 months leading to the application).

Agreed totally, I only meant to highlight that it is not criminal offence!

[readynow]

Doesn't matter if it is not a criminal offence - fixed penalty notices and out of court disposals must be disclosed as part of the godo character requirement. Repeat driving offences can indicate a pattern of disregard for the law (especially in the 12 months leading to the application).

Agreed totally, I only meant to highlight that it is not criminal offence!

Hi
Please my case is a little similar. I would need your urgent advice

I am about to apply for British citizenship this week but I need urgent clarification. Last year when I applied for my ILR in the conviction and penalties section I chose the option A caution, warning, reprimand, or other out-of-court penalty and I stated that "I took a speed awareness course going 24mph on a 20mph road with no point" and I also stated it in a cover letter, although I got to know that it's not an offense. Now I am about to apply for my British citizenship and the same question is asked again conviction and penalties. I am thinking of choosing No, but wouldn't that be a contradiction? Please how do I go about answering this? Should I just fill in the same response I gave during my ILR which was Yes or since I now have a better understanding that it's not an offense should I just answer No and state my reason in a cover letter, your response will be appreciated.

Thank you

[alterhase58]

Speed Awareness Course is not a caution/warning as you found out.
You can mention it of course but it will be ignored for naturalisation "Good Character".

[readynow]

Speed Awareness Course is not a caution/warning as you found out.
You can mention it of course but it will be ignored for naturalisation "Good Character".

Thank you so much alterhase58, I appreciate your prompt response, so I should choose NO which is number 6 under the conviction and penalties stated below
1 A criminal conviction
2. A penalty for a driving offence for example disqualification for speeding or no motor insurance
3. An arrest or charge for which you are currently awaiting trial
4. A caution,warning, reprimand or other out-of-court penalty
5. A civil penalty issued under UK immigration
6. No I have never had any of these offences

[contorted_svy]

If you haven't had any of those you should answer NO.

[readynow]

If you haven't had any of those you should answer NO.

Thank you i appreciate your kind and timely response

[pbpk123]

Hi,
I am eligible to apply for naturalisation on 27th January 2024 and want to confirm if it is OK to do with the following offences.

1. offence date - 23-07-2022. 6 points and £576 fine from magistrate court on 14 feb 2023 for SP50-exceeding variable speed limit of 40 mph on M6 Motorway (i was going on 68 mph).

Should I select criminal conviction or driving offence?

And if this is under criminal conviction then what date should I put in July 2022 or Feb 2023?

And if it is Feb 2023 then should I wait for 1 year at least before applying for naturalisation?

2. offence date - 15-04-2023. 3 points and £100 fine from police for SP30-Exceeding speed limit of 30mph on restricted road.

3. I have two more PCN in 2022 (1 for driving in clean air zone paid £60, and one for entering in bus lane paid £35).

Is it OK to apply now with these two offences?

If not then what is best time to apply?

Thanks

Hi all,
Just to update on this. I have got approval today after applying for BC in Jan 2024.

Thanks everyone for your help and good luck!

[contorted_svy]

Congratulations, and thank you for reporting back.

[sss_siu]

pbpk123..Congratulation for getting a BC finally. Mat I know what is the date of penalty you enter in the application? Offence date 23-07-2022? or fine date 14/02/2023? Thanks

[alterhase58]

pbpk123..Congratulation for getting a BC finally. Mat I know what is the date of penalty you enter in the application? Offence date 23-07-2022? or fine date 14/02/2023? Thanks

The "date of penalty" is the fine date - penalty=fine - NOT the date of offence.

[Kzm3]

Hi,

My situation is the following. Passed 1 year now after i received the full settled status im eligible to go for cotizenship. I filled everything in but before i pay i need some clarification on my case. Last year 10/12/2023 police stopped me and got told im going to court for driving up a road im not supposed to. They deemed it as careless driving. Received a letter from court to be present for a hearing 06/08/2024.
On the day when talked to on duty, i have got the news that the charge has been changed from careless to dangerous driving. No incident or accident happened nor any person was harmed. Asked to have another hearing as the charge changed and i got very overwhelmed weather to plead guilty or not guilty because my driving licence is on the line as well as penalty to pay.
Duty said if i choose to plead guilty 100% ban for a year and fine. If i dont the case goes to trial but obv can hold onto the licence at least till 2025, early 2026. Now, in case i do plead guilty now or not will it be a 100% refusal? Should i wait to save meself that £1600?
Whats the best to do?

TIA

[contorted_svy]

It shouldn't be an issue, though it is cumbersome. If you choose to plead not guilty I would still disclose what is taking place. If you don't have any other offences, especially recently, I reckon you should be fine. If you want to be safe you probably need to wait for some time until the offence becomes less recent.