Driving convictions and Naturalization App

[dukkumeah]

Hi Guys Thanks for you constructive advice.

I need some advice regarding Motoring conviction that one of my friend had in the past.
the details of convictions are as follow:

1.Mobile phone use while driving, result : 3 points given on licence(W/O going Court on August 2007

2. Touting for hire- police caught him and taken to P station and then court.
verdict was 6 points and £375.00 fine in July 1998


3. Speeding offfence and cought by police.

Verdict: Banned for 6 months (Coz 6 points on that offence made it total 15 points on his licence)and £300 fined by Court in February 2010

He was granted ILR on long stay basis(14 yrs) in October 2009. Application was made on April 2007.


My Question is can he appy for Naturalization now?

I will appreciate your advice

Thanks

[Amber]

Hi Guys Thanks for you constructive advice.

I need some advice regarding Motoring conviction that one of my friend had in the past.
the details of convictions are as follow:

1.Mobile phone use while driving, result : 3 points given on licence(W/O going Court on August 2007

2. Touting for hire- police caught him and taken to P station and then court.
verdict was 6 points and £375.00 fine in July 1998


3. Speeding offfence and cought by police.

Verdict: Banned for 6 months (Coz 6 points on that offence made it total 15 points on his licence)and £300 fined by Court in February 2010

He was granted ILR on long stay basis(14 yrs) in October 2009. Application was made on April 2007.


My Question is can he appy for Naturalization now?

I will appreciate your advice

Thanks

Yes, his non custodial convictions would not create an automatic refusal as more than 3 years has passed. However, as some of the offences are recklessness and possible dishonesty he or she could face discretionary refusal. If there has been no offences or multiple FPN since 2010 he/she stands a good chance of being successful.

[dukkumeah]

Thanks D4109125 for reply


Sorry D4109125,

The touting conviction was on 21/0/2008 not 1998.

it has not yet paased 3 years.

[Amber]

Thanks D4109125 for reply


Sorry D4109125,

The touting conviction was on 21/0/2008 not 1998.

it has not yet paased 3 years.

2008 + 3 years = 2011.

[dukkumeah]

Hi,
me and my friend went to a solicitor and he said that my friend cant apply now or wont be successful.

his last conviction was on 1-2-2011 and he had to pay fine so he has to wait 5 years from that date.

What do you think?

Please let me know..

thanks

[Amber]

Hi,
me and my friend went to a solicitor and he said that my friend cant apply now or wont be successful.

his last conviction was on 1-2-2011 and he had to pay fine so he has to wait 5 years from that date.

What do you think?

Please let me know..

thanks

That is incorrect though you'd have to say what exactly the offence was. For a non custodial conviction i.e.. a fine (not a FPN) then the waiting period is 3 years from the date of the offence. Though, discretionary refusal beyond this time depends on the nature of the offence.

[dukkumeah]

Hi D4109125,
Thanks again for your reply.

I am giving you details of his all convictions history below:

1. On 23/08/2007 he had 3 points on his licence for using mobile while driving

2. on 21/07/2008 He was caught on touting for hire. Police took to Police station and was there for a night. later they took him to court
for that crime and court fined him £375.00 and 6 points on licence.

3.on 01/02/2011 He was caught by Street police for speeding. They took him to court and court fined him £300 and 6 points.

His total points was at that time 3+6+6=15. so they banned him for 6 months.

you can clearly see his last conviction was on February 2011 which is only 2 years now.

The solisitor opened a Book and looked on a page said he has to wait 5 years from last conviction as he was fined.


Hope this will help you to get the clear picture.

Thanks

[Amber]

Hi D4109125,
Thanks again for your reply.

I am giving you details of his all convictions history below:

1. On 23/08/2007 he had 3 points on his licence for using mobile while driving

2. on 21/07/2008 He was caught on touting for hire. Police took to Police station and was there for a night. later they took him to court
for that crime and court fined him £375.00 and 6 points on licence.

3.on 01/02/2011 He was caught by Street police for speeding. They took him to court and court fined him £300 and 6 points.

His total points was at that time 3+6+6=15. so they banned him for 6 months.

you can clearly see his last conviction was on February 2011 which is only 2 years now.

The solisitor opened a Book and looked on a page said he has to wait 5 years from last conviction as he was fined.


Hope this will help you to get the clear picture.

Thanks

It used to be 5 years but the regulations changed in December 2012. It is now 3 years waiting for a non-custodial sentence. He has had multiple offences some for recklessness therefore, even after 3 years the offences may mean a discretionary refusal. However, the automatic refusal will end 3 years from the last non-custodial conviction (2011). All he can do is apply after 3 years and in the meantime stay out of trouble.

[spike_UK]

Hi guys, I had done for speed driving, it was 40mph but I did 50mph and I denied it and then the police officer had my picture which was automatic taken by the traffic camera!! so he caught me at work and gave me 3 point plus charges which are,, £80 for wasting officer's time+£60 court fee(but I didn't have to go to court, he had the papers with him)+£60 for the speeding!!
Do I disqualify for BC? is this called a crime? the officer didn't say of any crime offence, but I don't remember exactly!!
Can someone clarify me please, negative or positive are welcome
Many thanks.

[Amber]

Hi guys, I had done for speed driving, it was 40mph but I did 50mph and I denied it and then the police officer had my picture which was automatic taken by the traffic camera!! so he caught me at work and gave me 3 point plus charges which are,, £80 for wasting officer's time+£60 court fee(but I didn't have to go to court, he had the papers with him)+£60 for the speeding!!
Do I disqualify for BC? is this called a crime? the officer didn't say of any crime offence, but I don't remember exactly!!
Can someone clarify me please, negative or positive are welcome
Many thanks.

This appears to be a single FPN for speeding and thus will not be classified as a non-custodial sentence and should not prove detrimental to your naturalisation. Though, numerous FPNs in the preceding 12 months prior to a naturalisation application may cause a refusal.

[spike_UK]

Hi guys, I had done for speed driving, it was 40mph but I did 50mph and I denied it and then the police officer had my picture which was automatic taken by the traffic camera!! so he caught me at work and gave me 3 point plus charges which are,, £80 for wasting officer's time+£60 court fee(but I didn't have to go to court, he had the papers with him)+£60 for the speeding!!
Do I disqualify for BC? is this called a crime? the officer didn't say of any crime offence, but I don't remember exactly!!
Can someone clarify me please, negative or positive are welcome
Many thanks.

This appears to be a single FPN for speeding and thus will not be classified as a non-custodial sentence and should not prove detrimental to your naturalisation. Though, numerous FPNs in the preceding 12 months prior to a naturalisation application may cause a refusal.

Thanks for reply mate, so I guess I'm fine? It was on June 2010 almost 3 yrs back and I'm applying on March 2014.
Many thanks.

[Amber]

Hi guys, I had done for speed driving, it was 40mph but I did 50mph and I denied it and then the police officer had my picture which was automatic taken by the traffic camera!! so he caught me at work and gave me 3 point plus charges which are,, £80 for wasting officer's time+£60 court fee(but I didn't have to go to court, he had the papers with him)+£60 for the speeding!!
Do I disqualify for BC? is this called a crime? the officer didn't say of any crime offence, but I don't remember exactly!!
Can someone clarify me please, negative or positive are welcome
Many thanks.

This appears to be a single FPN for speeding and thus will not be classified as a non-custodial sentence and should not prove detrimental to your naturalisation. Though, numerous FPNs in the preceding 12 months prior to a naturalisation application may cause a refusal.

Thanks for reply mate, so I guess I'm fine? It was on June 2010 almost 3 yrs back and I'm applying on March 2014.
Many thanks.

Should be fine.