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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi, I am being prosecuted for traffic offence (not reporting

Customer Question

hi,
I am being prosecuted for traffic offence (not reporting an accident and not stopping). The outcome is not clear. Offence happened in June. Will this affect my british passport application. I have had ILR for 1 year as of July '14?
Thanks,
Vidya ***********
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Vidya,
Thank you for your question.
Have you been advised of the range of potential sentences for the offences?
Kind regards,
Tom
Customer: replied 3 years ago.

The officer stated it is likely to receive some points (5 or 6). It will not be prison sentence.

Expert:  Thomas replied 3 years ago.
Okay.
Has the matter proceeded to Court? By which I mean will you defend it at court..
Kind regards,
Tom
Customer: replied 3 years ago.

It hasn't proceeded to court yet. The officer mentioned that based on my statement and that of witness and other party, the sergeant might come to a decision without court proceedings. But it could also proceed to court and it might take up to 6 months for that to happen.

Customer: replied 3 years ago.

do you need more information to advise?

Vidya

Expert:  Thomas replied 3 years ago.
Hi Vidya,
Drafting your answer now. 5 mins please.
Kind regards,
Tom
Expert:  Thomas replied 3 years ago.
Hi Vidya,
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Fixed penalty notices will not normally be taken in to account. So, if you receive a fixed penalty notice then you should strongly consider accepting it and pay the fine within the time allotted. If you do this and you do not have any other Fixed Penalty Notices the your application for naturalisation will not be affected.
If the matter goes to court and you receive an non-custodial sentence (ie. anything other than a prison sentence or an acquittal (ie. not guilty)) then the offence counts as a conviction for the good character requirements. Unfortunately, this would mean that your application for naturalisation would be rejected until the date of conviction is more than 3 years ago.
So, if you receive a non-custodial sentence and not a fixed penalty notice then you will not be able to naturalise until you three years have passed since the date of the conviction.
Basically, you have to really hope that it goes through as a fixed penalty notice. If it does then you can still naturalise now.
If it doesn’t and you receive a sentence then you will not be able to naturalise for a further three years and if you did apply during this time then they would reject the application and retain the (very expensive) application fee.
I am sorry and I will cross my fingers for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 3 years ago.

Thanks Tom.

What are fixed penalty notices? Points on licence and fine?

What is a non custodial sentence?

Expert:  Thomas replied 3 years ago.
Hi,
A fixed penalty notice is simply a notice given to you by the police for the offence. It will state it is a fixed penalty notice stating that you have been fined and asking you to pay the fine within a certain date. If you receive a fixed penalty notice for the offence then you should pay it immediately. The matter will then be over and you can still apply for naturalisation, so no harm done.
A non-custodial sentence is different to a fixed penalty notice. It is where you receive a sentence for your conviction which is anything other than a jail sentence.
A fixed penalty notice which you pay on time is not a non-custodial offence, but eveything else other than a custodial prison sentence is.
If you receive a non-custodial offence (ie something other than a fixed penalty notice) then you won't be able to apply for naturalisation for three years after the offence.
Kind regards,
Tom
Customer: replied 3 years ago.

thanks for your answer Tom.

I am a new driver (less than 2 years since I got my licence) so a FPN of 6 points (which the officer mentioned) will result in driving disqualification so it will not be a FPN as it results in disqualification. I see 3

possibilities

1. 5 points and FPN (best case as I keep my licence and apply for naturalization

2. Non-custodial sentence (I keep my licence but have to wait for 3 years for naturalization)

3. 6 points (worst case as I will lose my licence and also have to wait for 3 years for naturalization)

Am I missing something here? Thanks again

Vidya

Expert:  Thomas replied 3 years ago.
Hi Vidya,
If you are a new drive then your analysis of the potential outcomes is correct, I'm afraid.
Kind regards
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

sorry, one final question- can I apply for naturalization now while I wait for outcome? Should I mention this prosecution in my application? What are the risks.

Expert:  Thomas replied 3 years ago.
Hi,

I would wait until the situation resolves itself. You would have to disclose the fact that you have been charged and so they would probably determine the application only once you have been convicted or acquitted.

Tom
Customer: replied 3 years ago.

Thanks very much! At least I know what to expect.

Expert:  Thomas replied 3 years ago.
No problem.

Good luck

Tom