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Application for Naturalisation with SP30 and 3 points that aren't showing on the DVLA website

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

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sully31
Newly Registered
Posts: 1
Joined: Tue Feb 15, 2022 5:18 pm
United Kingdom

Application for Naturalisation with SP30 and 3 points that aren't showing on the DVLA website

Post by sully31 » Tue Feb 15, 2022 5:40 pm

Hi everyone,

I am hoping that I can get some advise regarding my question.

Before posting this article, I have read through a lot of similar posts on here. However, I haven't seen anything
that can answer my question.

So basically I went to court in Jan 2020 regarding an old speeding offence that dated back to 2018 when I was caught speeding. The initial fine and letters were sent to an old address where the car was registered. However, I didn't get any of them in time or wasn't even informed about them so the matter can be resolved the. So after the debt collectors managed to find my address at time and sent me a letter regarding the court fine.. I spoke to a solicitor and was advised to complete a statutory declaration form then go to court to plead guilty. Which I did on the initial SP30 offence.

The court has given me a £200 fine and a SP30 (3 points) and dropped all the previous charges off me. They also advised me that they will notify the DVLA about it. A few months after and the points still didn't show on my driving licence record. So I contacted the court again to double check. They confirmed that they have passed the information over to DVLA.

So I contacted the DVLA afterward, they advised that there is nothing showing on my record and never received anything from the magistrate court. However, they were very grateful for my honesty and told me not to worry about it, as not many people will bother checking this.

I am due to apply for naturalisation at the end of this month and really worried about this.

For clarification, I have already declared that I have SP30 and 3 points on my driving licence record even though there is nothing on the actual record.

Could someone please advise on this matter further?
Will I need to provide any further evidence?

Any information would extremely appreciated!

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mesn
Member of Standing
Posts: 373
Joined: Wed Jul 29, 2020 2:59 pm
Mood:
England

Re: Application for Naturalisation with SP30 and 3 points that aren't showing on the DVLA website

Post by mesn » Fri Feb 18, 2022 4:44 pm

sully31 wrote:
Tue Feb 15, 2022 5:40 pm
Hi everyone,

I am hoping that I can get some advise regarding my question.

Before posting this article, I have read through a lot of similar posts on here. However, I haven't seen anything
that can answer my question.

So basically I went to court in Jan 2020 regarding an old speeding offence that dated back to 2018 when I was caught speeding. The initial fine and letters were sent to an old address where the car was registered. However, I didn't get any of them in time or wasn't even informed about them so the matter can be resolved the. So after the debt collectors managed to find my address at time and sent me a letter regarding the court fine.. I spoke to a solicitor and was advised to complete a statutory declaration form then go to court to plead guilty. Which I did on the initial SP30 offence.

The court has given me a £200 fine and a SP30 (3 points) and dropped all the previous charges off me. They also advised me that they will notify the DVLA about it. A few months after and the points still didn't show on my driving licence record. So I contacted the court again to double check. They confirmed that they have passed the information over to DVLA.

So I contacted the DVLA afterward, they advised that there is nothing showing on my record and never received anything from the magistrate court. However, they were very grateful for my honesty and told me not to worry about it, as not many people will bother checking this.

I am due to apply for naturalisation at the end of this month and really worried about this.

For clarification, I have already declared that I have SP30 and 3 points on my driving licence record even though there is nothing on the actual record.

Could someone please advise on this matter further?
Will I need to provide any further evidence?

Any information would extremely appreciated!
Based on previous suggestions on the forum, believe you should be fine. If the penalty was for a 2018 offence, this goes off DVLA record in 2021.
T2G 2015, T2 Switch 2018, ILR 2020, BC 2021, British Passport 2022, OCI 2022

secret.simon
Moderator
Posts: 11221
Joined: Thu Feb 21, 2013 9:29 pm

Re: Application for Naturalisation with SP30 and 3 points that aren't showing on the DVLA website

Post by secret.simon » Fri Feb 18, 2022 7:16 pm

I'd disclose it as a matter of course.

Freemovement: British citizenship can be taken away if criminal offending not disclosed
The Upper Tribunal has affirmed the continuing obligation to disclose material facts in applications for naturalisation as a British citizen, including facts which arise after submitting the application.
...
This decision confirms that applicants for naturalisation are required to disclose anything and everything that may cast doubt on their good character, not only at the time of making the application, but also whilst the application is being considered.

As Guide AN confirms, this includes disclosure of any offence “for which you may go to court” even if a criminal charge has not yet been brought. In such circumstances, the privilege against self-incrimination is not a defence for non-disclosure.

If such conduct is not disclosed and later comes to light, it is likely to result in deprivation of citizenship — even that might render the person stateless. And following the Supreme Court’s decision in Begum, the grounds of appeal against a deprivation decision are narrow.
I'd suggest explaining the details of the circumstances in a cover letter.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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