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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2046
Experience:  I am a qualified solicitor and an expert in UK law.
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hello, Im an oversea student and planing to get the british

Resolved Question:

hello,

I'm an oversea student and planing to get the british citizenship under long residence rules, I've been In the UK since May 2005, and I just received a fine from DVLA for parking my car without insurance or get it SORN (Statutory Off Road Notification) the car is under my name and I was abroad, my question is will the Fine from the DVLA affect my right to get the citizenship ? or will the fine affect the requirement of " be of good character " or any requirements?

many thanks
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 10 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In your case when applying for British citizenship your fine would not effect its outcome. If you were fined from the DVLA and you were not required to attend court and were just served papers to pay the fine and you paid it then it should effect your application. The home office states the following regarding fines:

Fines

3.5.1 In determining whether an applicant meets the "good character" requirement, caseworkers must take any fine a person has received into account.

Fixed Penalty Notices

3.5.2 A fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) are a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person‟s criminal record as there is no admission of guilt.

3.5.3 In determining whether an applicant meets the "good character" requirement, caseworkers should not normally take into account fixed penalty notices, unless the applicant has received numerous fixed penalty notices in the last 12 months, and this would suggest a pattern of behaviour that calls into question their character. Equally, a fixed penalty notice would not be disregarded if there were criminal proceedings for failure to pay and his led to a more serious penalty as a result. If an application is refused on the basis of either of these reasons, the applicant should be advised that he or she can reapply at a time when he or she does not have more than one fixed penalty notice in the twelve month period before making an application.

3.5.4 Caseworkers should note that if a fixed penalty notice or fiscal fine has been referred to a court due to the non-payment of the fine or if the notice has been challenged by the applicant and subsequently upheld by the court then this is treated as a conviction for the purposes of both the criminality threshold periods (for applications made on or after 13 December 2012) and the 1974 Act (as amended) or Rehabilitation of Offenders (N. Ireland) Order 1978 (for applications made on or before 12 December 2012) and will attract a rehabilitation period.

If you are not someone who has been fine on numerous occasions then your fine should not have an effect on your application for British citizenship. For further information please see the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 10 months ago.

Hello again,


 


to be honest you confused me, in the 1st paragraph you said it would not effect my application, but in the same paragraph 2ed sentence you said " If you were fined from the DVLA and you were not required to attend court and were just served papers to pay the fine and you paid it then it should effect your application " , the DVLA posted the fine to my address and they did not ask me to attend court. Could you explain it more to me please ? How do I make sure it would not effect my application ?


 


The paragraph about the Fixed Penalty Notices, does it say it would not effect the application ?


 


At the end of your reply you said"If you are not someone who has been fine on numerous occasions then your fine should not have an effect on your application for British citizenship ", this paragraph made me confused as well , because I believe this paragraph conflicted with the first paragraph 2ed sentence.


 


I attached the fine so to make it clearer to you


 



 


http://postimg.org/image/4nx7ym1w5/

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your reply.

1. Sorry I do apologise, I omitted the word 'Not' from the second line, I mean that it would not effect your application. The way to explain with is in point 3.5.2 above which states :

3.5.2 A fixed penalty notice (FPN), penalty charge notice (PCN) or penalty notices for disorder (PND) are a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person‟s criminal record as there is no admission of guilt.

In your case as you were not required to attend court this would not have formed part of your criminal records and therefore would not effect any application for british citizenship.

2. Yes paragraph 3.5.2 above is relevant to you as you did not have to attend court and plead guilty, the fine was sent to you and you paid it therefore in your case your application would not be effected. Fixed Penalty Notices that were not referred to court do not form part of your criminal record.

Paragraph 3.5.3 is not relevant to you as it is stating that the home office would only question an applicant's good character if he had numerous fines in the UK, but this is not the case in your situation and therefore it does not effect your.

Finally paragraph 3.5.4 also does not relate to you as it is regarding applicants who had to attend court and plead guilty to an offence and they got fined. This is a case where Fixed Penalty Notices are referred to court.

3. In conclusion because you have only been fined once and have not had to attend court due to the fine, your good character is not effected and you should not have any issues applying for British Citizenship.

I hope this clarifies the matter, if you have any further questions please do not hesitate to ask.

Kind regards
Expert:  UK_Lawyer replied 10 months ago.
I hope this answers your question, if so kindly rate my answer positively,

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2046
Experience: I am a qualified solicitor and an expert in UK law.
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