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Hi, I got my ILR on 10 August 2010, and intend applying

Resolved Question:

Hi,

I got my ILR on 10 August 2010, and intend applying for naturalization since it's been a year now. I have a query : in May 2007, I was booked for 2 traffic offences : speeding and LC20 (driving otherwise than in accordance with a licence). I was asked to pay a fine of £200 and £50 respectively, and got 4 points endorsed on my license. I got a letter from the court, to which I pleaded guilty by post (they gave me the option), and paid the fine. I did not contest the offence. In May 2011, after 4 years, I got the points removed from my licence.

My question is : will the LC20 that I got 4 years back, against which I now have had the points removed in my license, impact my application for naturalization ? Also, will it help if I apply through a soliciter ? I have read up over the internet, but it isn't really clear. Can you pls advise.

Thanks.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

As part of the UKBA’s requirements for naturalisation you must have what is termed as “good character”. As part of the most recent rule change this means you must not have any unspent convictions as at the date of submission of your naturalisation application:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

You will see from the above link that speeding offences if you received a Fixed Penalty Notice, so if you received a FPN for speeding then you could still in theory apply if it was this alone.

The LC20 is more complicated because it is an offence which is included and the conviction must therefore be spent. For fines, this means that it would be spent 5 years after the date of the conviction so on this basis you would not be able to apply for Naturlisation until 5 years have passed (I note you say it is 4 years old):-
http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

Provided you received an FPN for speeding you will be able to apply to be naturalised once 5 years has elapsed since the offence.

It would not help to apply with the assistance of a solicitor at the present time because the good character requirement is imposed strictly by the UKBA.

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Kind regards,


Tom
Expert:  Thomas replied 2 years ago.

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Expert:  Thomas replied 2 years ago.

I have answered your question. I am sorry if you do not like the advice but it is correct according to the law, which is the service you contracted for.

 

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Tom

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