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Clarification on unspent SP30 driving offence

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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dex123
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Joined: Thu Jan 20, 2011 5:23 pm

Clarification on unspent SP30 driving offence

Post by dex123 » Thu Jan 20, 2011 5:56 pm

HI All,

I am thinking of applying for naturalization soon and I have a question about driving offence. I entered UK for the first time in may 2005. I got a speeding ticket when I was caught by a speed camera (driving at 38mph on a 30mph road) in june 2006. Since I was driving on a foreign driving license I got summons from the court and I paid a fine of £95 (including court fee of £35) and got 3 points on my driving licesne (though I never had to personally appear in the court) and the offence was noted as SP30. Based on my research there is a decent chance that I can still be approved for naturalisation.

Now my query is this. Is it better for me to apply now or should I wait until it is spent?

Thanks.
Last edited by dex123 on Thu Jan 27, 2011 2:21 pm, edited 1 time in total.
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tonytee
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Joined: Sun Apr 11, 2010 3:11 pm

Post by tonytee » Fri Jan 21, 2011 9:12 pm

First the offence is one of those classified as minor offence and you are likely to get approval if you applied before it is spent. If you apply after it is spent, the Home Office is not in the business of reviewing Court sentences, all they would do is to apply the ruling to the approval criteria so you should be fine.

Tonytee
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dex123
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Posts: 23
Joined: Thu Jan 20, 2011 5:23 pm

Post by dex123 » Fri Jan 21, 2011 11:36 pm

Thanks tonytee. That does provide some level of comfort.
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Alvin88
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Joined: Wed Jan 19, 2011 3:14 pm

Post by Alvin88 » Sat Feb 05, 2011 9:41 pm

Did you apply? Do you know the results?
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ukpl
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Posts: 157
Joined: Mon Nov 29, 2010 4:06 am

Post by ukpl » Sun Feb 06, 2011 12:01 pm

tonytee wrote:First the offence is one of those classified as minor offence and you are likely to get approval if you applied before it is spent. If you apply after it is spent, the Home Office is not in the business of reviewing Court sentences, all they would do is to apply the ruling to the approval criteria so you should be fine.

Tonytee
Although the offence itself is classified as a minor one, it has ended with a court sentence, which means IT IS a conviction (which should be spent before applying for naturalisation).
Some people are accepted as UKBA apply discretion to such cases (especially if they are towards the end of 5 years "spending" time).
Plenty others have their applications rejected.
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ukpl
Member
Posts: 157
Joined: Mon Nov 29, 2010 4:06 am

Re: Clarification on unspent SP30 driving offence

Post by ukpl » Sun Feb 06, 2011 12:05 pm

dex123 wrote:Now my query is this. Is it better for me to apply now or should I wait until it is spent?
To be safe, I'd wait until it is spent (i.e. 5 years after the date on your court sentence)
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