Speeding fines on a foreign license and citizenship

[billy10]

Hi All

Was wandering whether anyone had encountered a similar situation.

I am applying for citizenship through marriage, however I have 2 x Fixed penalty fines (SP30 £60 and 3 points) from 3 years ago (within a couple of months of each other )whilst I was still driving on an Australian License.

one was 39 in a 30 zone and the other 78 in a 60 zone.

It was legal to drive on this license because it was in the first year of my time in the UK, however any speeding offence on a foreign license requires court so that they can allocate the
points.

Do you think this will be considered a minor offence? or will the fact that it has been to court rule me out.

Seems tough not to be able to apply for citizenship because of a couple of speeding fines....

Any thoughts greatly appreciated

Thanks

[mrlookforward]

From the information you have provided, you have convictions in court. It doesnt matter if you went to court because you had foreign license. A conviction is a conviction and you have got double the amount of what UKBA might let you off with. Its unlikely that a caseworker could overlook 2 convictions. But in the end, its your call. If you want to take a chance go for it.

[NiiKpani]

Yep. I agree with that advise. However its not unheard of (albeit rare), of people in similar or worse situations being approved, like me. As Mr Lookforward pointed out, its your call

[mrlookforward]

Niik,
If i remember correctly, you had one conviction, and probably you had a good explanation of your circumstances. If for example, after the first offence, you had again been convicted again within a month, that would portray that you were a hardened traffic offender. It gets difficult as soon as it gets from one to two, lol.

Niik- I sent you a personal message some time ago. I think you havent read that message yet.

[jimbo_uk]

I have heard of someone - i think in this forum - who was allowed 1 court issued fine due to speeding (court issued only b/c they had a foreign license). Discretion was applied in their case, it was not guaranteed.

I have also heard of someone who was rejected, they also only had 1 court issued speeding fine, they were on a German license.

The rules changed in 2008 - the "Good Character" requirements are much tougher. Ironically, the Home Office minister who introduced these rules had to step down because her husband was downloading dirty movies on the tax payer accounts, and she exaggerated her expense claims..good character indeed!

I think you might be lucky with 1 minor court fine. Although I would be surprised if they accepted your application with 2 fines.

In my opinion, just wait 2 more years until the convictions are "spent" and then apply.

[billy10]

Thanks everybody for their input, really appreciate it.

I have an appointment with the National Checking Service tomorrow which is too late to cancel so i think I will prepare the application with a letter describing that if the speeding had been done on a British license (Australian License and UK are swapped when you change them, no test necessary) then no conviction would have been given and that the actual offence is the equivalent to that. We will see what they say.

If the advise from the checker is that there is no chance then I may have to wait another couple of years, not the end of the world.

I understand that they have rules for a reason, but i do hope they also look at these in convictions in context.

Thanks again,

[senthil78]

Thanks everybody for their input, really appreciate it.

I have an appointment with the National Checking Service tomorrow which is too late to cancel so i think I will prepare the application with a letter describing that if the speeding had been done on a British license (Australian License and UK are swapped when you change them, no test necessary) then no conviction would have been given and that the actual offence is the equivalent to that. We will see what they say.

If the advise from the checker is that there is no chance then I may have to wait another couple of years, not the end of the world.

I understand that they have rules for a reason, but i do hope they also look at these in convictions in context.

Thanks again,

As you mentioned, explain properly. I wouldn't say it is conviction, this is the procedure that have to follow when holding foreign license. The case worker won't know if you don't explain. I think that you have great chance.

[new_user]

Hi, I have a similar issue, only difference is that I was caught on camera in May 2007 and was driving on international license. The case was referred to magistrates court and got 3 points and £60 in Dec 2007. I've my appointment booked for NCS next week and have also checked with Home office if speeding is considered as criminal offense or minor. I was told that it is ignored as it was SP30 but i'm not sure if i should wait till Dec 2010 or I can apply now?

Any ideas?

Thanks.

[edinburgh]

Hi, I have a similar issue, only difference is that I was caught on camera in May 2007 and was driving on international license. The case was referred to magistrates court and got 3 points and £60 in Dec 2007. I've my appointment booked for NCS next week and have also checked with Home office if speeding is considered as criminal offense or minor. I was told that it is ignored as it was SP30 but i'm not sure if i should wait till Dec 2010 or I can apply now?

Any ideas?

Thanks.

aye, it's normally disregarded, but you had an international licence *and* went to court so your case is different!

[Backer]

new_user - since you have a court conviction you have to mention it. If this is your only offence it would probably make no difference to your application but failing to mention it may look like you are trying to conceal it and cast doubt on your good character.

[raghuuk]

Hi, I have a similar issue, only difference is that I was caught on camera in May 2007 and was driving on international license. The case was referred to magistrates court and got 3 points and £60 in Dec 2007. I've my appointment booked for NCS next week and have also checked with Home office if speeding is considered as criminal offense or minor. I was told that it is ignored as it was SP30 but i'm not sure if i should wait till Dec 2010 or I can apply now?

Any ideas?

Thanks.

Hello New_USer , I'm exactly in the same situation as of you , please let me know whether we need to wait until completing the rehabiliation period ?? did you apply for it.

Thanks in Advance