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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my son is applying for UK citizenship/naturalization, he got

Resolved Question:

my son is applying for UK citizenship/naturalization, he got traffic offences as below, will he be able to meet the requirement for "good character"
(1) LC20 driving otherwise than in accordance with a licence, 7/7/2012, penalty points 3
(2) CU80 breach of requirement as to control of vehicle, mobile telephones, etc, 11/06/2012, penalty points 3
(3) SP30 - exceeding statutory speed limit on a public road, 20/4/2010, penalty points 3
(4) TS10 - failing to comply with traffic light signals, 15/11/2008
currently his licence allows him to drive automatic cars only (offence (1) above from driving a manual car), will he be able to hide his traffice offences, if he try to another driving licence, this time for driving manual cars
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Did he receive fixed penalty notice for all of the above?

Tom
Customer: replied 1 year ago.


i assume so,


can you tell from the codes LC20, CU80, SP30 and TS10? as far as i know, he got (3) SP30 - caught by a camera and he then identified himself as the driver, (2) CU80 - caught by a policeman while talking on his mobile while driving, (1) L2 - caught by a policeman driving a manual car with a licence which allow only automatic cars,


should he calls up the transport dept to find out

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Those are just the codes for the offences, they don’t describe how they were given.

In order to meet the good character requirement a person must not have any unspent convictions under the Rehabilitation of Offenders Act 1974. If convicted of a criminal offence the conviction will carry a period during which it is considered “unspent” – a rehabilitation period – once this period has expired then the conviction will be “spent” under the Act.

Therefore your son must not have any “unspent” convictions at the date of his application, otherwise it will certainly be refused. For the purpose of the good character requirement he must give details of all unspent criminal convictions which does include traffic offences but this does not include them if they were given as fixed penalty notices and did not proceed to Court.

Therefore you need to check with your son if he simply received fixed penalty notices and simply paid the fine and did not attempt to appeal at Court. If this is the case then he will probably still pass the good character requirement unless the UKBA attempted to cobble them all together and attempt to claim that this is part of a behaviour which is not conducive to the public good, which would be a bit unfair but not completely beyond them.

However, if he went to Court then he would not pass until the rehabilitation period for each offence has expired (which is 5 years for a fine, if that was all he received).


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Kind regards,


Tom
Customer: replied 1 year ago.


so is it correct that the key question is whether he has gone to a court to settle the case or not,


that he was caught by a policeman is not the issue, am i correct?


as far as i know he has not gone to any court for any of his traffic offences,


so he does not need to disclose these offences on his application for citizenship, am i correct?

Expert:  Thomas replied 1 year ago.
Hi,

If the offences were fixed penalty notices then yes, the key issue is whether or not not he defended the offences in Court. If he did and was then convicted then there will be a spent period of rehabilitation for the offence(s).

If the offences were not fixed penalty notices then a rehabilitation period applies regardless and he would be rejected if he applies within the rehabilitation period.

If the offences were given as fixed penalty notices which he accepted and did not defend in court then he does not need to disclose them on the application form.

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
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