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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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, I am intending to apply in 2017. I

Resolved Question:

Hi,
I am intending to apply for naturalisation in 2017. I am concerned due to having 1 FPN for using my phone while driving, and 3 PCNs issued by local council and one Bus lane Enforcement Charge Notice, in which I was the registered keeper of the car but not the driver.
Would these offences affect my application?
Kind Regards
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Did you attend court and plead guilty to any of the charges?
When did you get the FPN and PCN's?
Kind regards
Customer: replied 1 year ago.

Hi,

I did not attend court for any of them. FPN happened in February 2014 and I got 3 points on my licence plus £100 fine which I paid the full amount.

I am not sure about the exact dates of the PCNs but I got the first two in 2013 and 14 respectively and last one was few months ago. I paid £30 for each on time and they were dismissed, and the Bus Lane Enforcement Charge Notice occurred on 30/03/2015 which is a £60 charge.

Thank you for your help.

Regards,

Rouzbeh .

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply
The home office will definitely take into account the FPN and PCN's which were issued within 3 years of you applying for naturalisation. The home office will consider these as make a decision on whether the fixed penalty notices suggest a pattern of behaviour that calls into question their character.
In respect of the FPN and PCN received more than 3 years before submitting an application for naturalisation, the home office will take into account your age when the offence took place, the type of offence, the amount of time you have committed such an offence etc and then make a decision of whether this suggests a pattern of behaviour that calls into question your character. All offences within 3 years of applying will be taken into account regardless of the above.
As each case is determined on its own merits it would be up to you when you apply to state any mitigating circumstances surrounding the offence, these will then be taken into account by the home office before making a decision on your case.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.

Hi

I was born in August 1990.

I will be applying in late 2017, given that the PCNs were mainly for minor parking mistakes due to being unfamiliar to local traffic rules, and FPN was also minor and received more than 3 years before submitting an application for naturalisation, what is the possibility of passing the good character assessment?

Kind regards,

Rouzbeh

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
In respect of being granted nationality, I do not think stated that you were unfamiliar with the road traffic rules will hold much weight as you should not be driving if you are unfamiliar with the traffic rules.
The best chance you can give your application is stating mitigating circumstances, ie they were minor offences etc the home office will then take them into account and review the application. But as you stated if they are minor offence and you do not commit any more from now until the time you apply for naturalisation your application should be accepted.
I hope this clarifies the matter, if so please provide a rating so i can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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