How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello My husband and I are making an application for citizenship

This answer was rated:


My husband and I are making an application for citizenship and have just seen where they mentioned Traffic offences under good character requirements. My husband was fined for failure to produce a license in 2009. He also received points for breaking a red light back in 2005 those points have since been removed. I have received penalty notices - cannot remember how many in the last 12 months but possibly two or three. Is there anyway we can find out when I have had the fixed penalties and also how do we know if the traffic offences have been spent for my husband or not? Do we need to declare the one in 2009 which we know of for sure? Thanks

Did any of these offences proceed to court, or did you simply pay the fines upon receipt of the FPNs?

Customer: replied 5 years ago.
My traffic offences did not proceed to court I just paid the fixed penalty. However my husband has received one fine from the court in 2009 and he thinks he may have received one inXXXXXas well. I am not sure how we can find out?

Thanks for your reply.

You will see from the following guidance on the good character requirement that there is a requirement that one should not have unspent convictions as at the date of the application for ILR:-

However, you will further note that this does not include traffic offences unless they were received in Court. Therefore your application will note be controversial and you should apply. I would recommend disclosing the FPNs in your covering letter but confirming that you simply paid the fine and therefore they are not unspent convictions.

If your husband's were received in Court then I'm afriad they are convictions for the purpose of the good character requirement. Thus, he will be rejected if he applies before they are spent. Each would be spent 5 years from the date of conviction.

You should check his criminal record by carrying out a Criminal Record Bureau check:-

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 5 years ago.
Thanks so much for your help! Do you know whether we can call the courts to find out if he has had a traffic offence directly or should we do the CRB thing to find out?

No, do the CRB. They are reliable.

Please remember to rate my answer.

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
You are very good and so quick. Thanks for your help. I will do just that.