Naturalisation app refused, can't apply for another 10 years

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Naturalisation app refused, can't apply for another 10 years

Postby ukkk-ind » Thu May 27, 2010 7:15 pm

Hi
I have applied for Naturalisation application in April 2010 under spouse of british citizen. I had driving offences in year 2006 (DR70 & IN10) which I suppose finished under rehabilitation act after 4 years.
I haven't mentioned these offences in the application form and my application was refused due to the fact that Home Office said i haven't mentioned these offences under section 3.6.
Worst case is that they said I cant make any other application until may 2020.
From my sided before making application i have checked with DVLA on phone and website, called home office before applying and checked there guide to see weather my offence has been spent or not. Every one told me that I can apply after 4 yrs which i did.
Now after everything, its been refused on the bases that I have been fined as well for those offences and fine took 5yrs not 4 to spent. I never thought about this and now Its been refused. While checking naturalisation guide i was keep checking driving disqualification period never checked fine as it never mentioned driving fines. For one single mistake another 10 yrs to wait.
I am so stressed with my situation and don't know what to do.
Plz Help.............
Any help or suggestion will be appreciated........
ukkk-ind
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Re: Naturalisation app refused, can't apply for another 10 y

Postby krimith » Thu May 27, 2010 7:59 pm

ukkk-ind wrote:Hi
I have applied for Naturalisation application in April 2010 under spouse of british citizen. I had driving offences in year 2006 (DR70 & IN10) which I suppose finished under rehabilitation act after 4 years.
I haven't mentioned these offences in the application form and my application was refused due to the fact that Home Office said i haven't mentioned these offences under section 3.6.
Worst case is that they said I cant make any other application until may 2020.
From my sided before making application i have checked with DVLA on phone and website, called home office before applying and checked there guide to see weather my offence has been spent or not. Every one told me that I can apply after 4 yrs which i did.
Now after everything, its been refused on the bases that I have been fined as well for those offences and fine took 5yrs not 4 to spent. I never thought about this and now Its been refused. While checking naturalisation guide i was keep checking driving disqualification period never checked fine as it never mentioned driving fines. For one single mistake another 10 yrs to wait.
I am so stressed with my situation and don't know what to do.
Plz Help.............
Any help or suggestion will be appreciated........

they are give you 10yrs bec u didn,t mention in application if you mentioned in application so somepeople they give discrention but two thing in your case one is that offence which is minor or not ,and second one you know that offence and you wasn,t menisoned thats why 10yrs, but you can take advice with good solicitor.
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Re: Naturalisation app refused, can't apply for another 10 y

Postby ukkk-ind » Thu May 27, 2010 9:50 pm

krimith wrote:
ukkk-ind wrote:Hi
I have applied for Naturalisation application in April 2010 under spouse of british citizen. I had driving offences in year 2006 (DR70 & IN10) which I suppose finished under rehabilitation act after 4 years.
I haven't mentioned these offences in the application form and my application was refused due to the fact that Home Office said i haven't mentioned these offences under section 3.6.
Worst case is that they said I cant make any other application until may 2020.
From my sided before making application i have checked with DVLA on phone and website, called home office before applying and checked there guide to see weather my offence has been spent or not. Every one told me that I can apply after 4 yrs which i did.
Now after everything, its been refused on the bases that I have been fined as well for those offences and fine took 5yrs not 4 to spent. I never thought about this and now Its been refused. While checking naturalisation guide i was keep checking driving disqualification period never checked fine as it never mentioned driving fines. For one single mistake another 10 yrs to wait.
I am so stressed with my situation and don't know what to do.
Plz Help.............
Any help or suggestion will be appreciated........

they are give you 10yrs bec u didn,t mention in application if you mentioned in application so somepeople they give discrention but two thing in your case one is that offence which is minor or not ,and second one you know that offence and you wasn,t menisoned thats why 10yrs, but you can take advice with good solicitor.



Thanks for advice krimith. I will definitely see some good solicitor soon.
I was thinking to write a letter to home office and explain everything why i haven't written my offence in application form and attach all the relevant information from DVLA website which shows four years and even Home Office guidelines which shows driving disqualification once ceased I can apply.
Do you think this will help?
ukkk-ind
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Re: Naturalisation app refused, can't apply for another 10 y

Postby krimith » Fri May 28, 2010 11:44 am

ukkk-ind wrote:
krimith wrote:
ukkk-ind wrote:Hi
I have applied for Naturalisation application in April 2010 under spouse of british citizen. I had driving offences in year 2006 (DR70 & IN10) which I suppose finished under rehabilitation act after 4 years.
I haven't mentioned these offences in the application form and my application was refused due to the fact that Home Office said i haven't mentioned these offences under section 3.6.
Worst case is that they said I cant make any other application until may 2020.
From my sided before making application i have checked with DVLA on phone and website, called home office before applying and checked there guide to see weather my offence has been spent or not. Every one told me that I can apply after 4 yrs which i did.
Now after everything, its been refused on the bases that I have been fined as well for those offences and fine took 5yrs not 4 to spent. I never thought about this and now Its been refused. While checking naturalisation guide i was keep checking driving disqualification period never checked fine as it never mentioned driving fines. For one single mistake another 10 yrs to wait.
I am so stressed with my situation and don't know what to do.
Plz Help.............
Any help or suggestion will be appreciated........

they are give you 10yrs bec u didn,t mention in application if you mentioned in application so somepeople they give discrention but two thing in your case one is that offence which is minor or not ,and second one you know that offence and you wasn,t menisoned thats why 10yrs, but you can take advice with good solicitor.



Thanks for advice krimith. I will definitely see some good solicitor soon.
I was thinking to write a letter to home office and explain everything why i haven't written my offence in application form and attach all the relevant information from DVLA website which shows four years and even Home Office guidelines which shows driving disqualification once ceased I can apply.
Do you think this will help?

yes, definately but take advice with solicitor and then you send letter bec something solicitor want to add in letter bec they know how to explain,maybe ho understand your point asnd discention u,anyway goodluck.
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Postby mrlookforward » Fri May 28, 2010 12:47 pm

ukkk-ind,

You are totally wrong to think that there is advice on dvla website and ukba website which says driving offence is spent in 4 years. Basically, you have been looking at the irrelevant information. How long it takes for points to be removed from your license has nothing to do with sentence being spent or not. Driving endorsement (points) do not need to be spent at all according to rehabilitation of offenders act. Its the fine which you get in court that takes 5 years to spent. Maybe you did not know about it, but according to guidance you did use deception in your application and the case worker was right to bar you for 10 years.

Read section 9 on page 23 about deception in BC applications, and read page 29-30 about rehabilitation periods on this UKBA document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Also I must add that even if you had declared your offences and asked to use discretion, still there was no way on earth they would have granted you BC, specially keeping in mind your DR70. UKBA never approves anyone with a DR conviction. Infact, any motoring convictions with AC, BA, CD, DD, DR & UT are a straight summary refusal. No mitigation is allowed at all.
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Postby ukkk-ind » Fri May 28, 2010 9:30 pm

mrlookforward wrote:ukkk-ind,

You are totally wrong to think that there is advice on dvla website and ukba website which says driving offence is spent in 4 years. Basically, you have been looking at the irrelevant information. How long it takes for points to be removed from your license has nothing to do with sentence being spent or not. Driving endorsement (points) do not need to be spent at all according to rehabilitation of offenders act. Its the fine which you get in court that takes 5 years to spent. Maybe you did not know about it, but according to guidance you did use deception in your application and the case worker was right to bar you for 10 years.

Read section 9 on page 23 about deception in BC applications, and read page 29-30 about rehabilitation periods on this UKBA document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Also I must add that even if you had declared your offences and asked to use discretion, still there was no way on earth they would have granted you BC, specially keeping in mind your DR70. UKBA never approves anyone with a DR conviction. Infact, any motoring convictions with AC, BA, CD, DD, DR & UT are a straight summary refusal. No mitigation is allowed at all.


Thanks for your advice mrlookforward.
what if some one had DR convictions in past and had spent under rehabilitation act. Does home office still refuse his BC application or not?
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Postby mrlookforward » Fri May 28, 2010 10:31 pm

Spent convictions will be disregarded.
But remember, it may still cast doubts about an applicants good character and I wont be surprised if someone with a spent DR conviction gets scrutinised to a greater degree.
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Postby krimith » Sat May 29, 2010 10:29 am

ukkk-ind wrote:
mrlookforward wrote:ukkk-ind,

You are totally wrong to think that there is advice on dvla website and ukba website which says driving offence is spent in 4 years. Basically, you have been looking at the irrelevant information. How long it takes for points to be removed from your license has nothing to do with sentence being spent or not. Driving endorsement (points) do not need to be spent at all according to rehabilitation of offenders act. Its the fine which you get in court that takes 5 years to spent. Maybe you did not know about it, but according to guidance you did use deception in your application and the case worker was right to bar you for 10 years.

Read section 9 on page 23 about deception in BC applications, and read page 29-30 about rehabilitation periods on this UKBA document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Also I must add that even if you had declared your offences and asked to use discretion, still there was no way on earth they would have granted you BC, specially keeping in mind your DR70. UKBA never approves anyone with a DR conviction. Infact, any motoring convictions with AC, BA, CD, DD, DR & UT are a straight summary refusal. No mitigation is allowed at all.


Thanks for your advice mrlookforward.
what if some one had DR convictions in past and had spent under rehabilitation act. Does home office still refuse his BC application or not?

still, i just tell your conviction was in past and also spent so must be under rehabiliation and my friend also 2yrs in past same thing he applied last year they approved application on discrention base but make sure mentioned in application and still i iell take advice with good solicitor bec my friend was applied threw solicitor thats why i force to tell u, please
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Postby mrlookforward » Sat May 29, 2010 11:35 am

Yes, they do have discretion. But again it makes a difference depending on the type of conviction, the kind of mitigating circumstances you present and also your luck depending on what the caseworker thinks about your application.

Some convictions are just too difficult or should I say impossible to mitigate.
Speeding conviction is bit easier to mitigate, provided its no more than one conviction.
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Re: Naturalisation app refused, can't apply for another 10 y

Postby bbtt » Fri Jul 02, 2010 10:28 am

Hi

i am now in the same situation pls can you update ur case situation. have you disscuss with ur solicitor. have you apply again? our dream has been shattered. god pls help me!!!!!!!!!!!!!!!!!!!!
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Postby mrlookforward » Fri Jul 02, 2010 10:33 am

What was your conviction? When were you convicted? Did you declare it in your application and tried to mitigate? @ bbtt
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Postby bbtt » Fri Jul 02, 2010 10:47 am

[quote="mrlookforward"]What was your conviction? When were you convicted? Did you declare it in your application and tried to mitigate? @ bbtt[/quote]


dr70 and 1/8/06 and i didn't declare it.as simply i thought the case has been closed after i paid my fines.

There is another problem. Now as I could not have BC I have no pp to travel.
it all started when my wife claimed as ASL in 2006 but we have been going through all toughness and finially recieved indifinite leave in May 2009 not with ASL but with outside the immigration law. then we waited again for 1 more year to get BC as we could not use our own pp for travel. but now seem I have to wait another 10 years.

what should I do?
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Postby mrlookforward » Fri Jul 02, 2010 10:58 am

Don't want to sound like a grand dad but you have done a utterly silly thing and wiped out your chances of getting BC for next ten years. If you had declared your conviction and then UKBA refused it, then you could have again applied on 1/8/2011 when your conviction was spent. Having a conviction is one thing, but not declaring it is the biggest crime, namely "deception". Basically you can do nothing now to get BC for next 10 years.
Why can't you get passport from your home country?
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Postby bbtt » Fri Jul 02, 2010 11:08 am

[quote="mrlookforward"]Don't want to sound like a grand dad but you have done a utterly silly thing and wiped out your chances of getting BC for next ten years. If you had declared your conviction and then UKBA refused it, then you could have again applied on 1/8/2011 when your conviction was spent. Having a conviction is one thing, but not declaring it is the biggest crime, namely "deception". Basically you can do nothing now to get BC for next 10 years.
Why can't you get passport from your home country?[/quote]


my wife claimed ASL and we have been actively involvment in anti-activities for our country. so that means our pp extension could not be done through our embassy, already expired in 2008 and it occured during our case has been consider in HO.

The only way to get pp is now certificate of travel ? am I right ? and also there will be restriction on the country I can travel even in the Europe. But my wife and son got BC and I am pleased for them. But my wife is so sad, as we fight together all the toughness and now our dream has been shattered.
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Postby mrlookforward » Fri Jul 02, 2010 11:11 am

Yes, Certificate of travel seems to be the only way forward now.
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Postby bbtt » Fri Jul 02, 2010 6:26 pm

[quote="mrlookforward"]Yes, Certificate of travel seems to be the only way forward now.[/quote]


Hi Mrlookforward

I make a mistake after reading others post through this forum. actually My conviction is DR10 with fine £ 200 together with disqualification period for 1 year and it was sentences on 01/08/2006. Does it mean my prohabilation was 1 year same as my disqualification driving period or does it mean i still need to wait 5 years to clear ?

thanks a lot for your info: sharing and i should have consult with solicitor or read this forum b4 i apply my BC :(
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Postby Backer » Fri Jul 02, 2010 8:43 pm

BBtt - Perhpas you can inform the home office now about your offence and explain why you didn't mention it. It might be not too late. As others reccomended consult a solicitor ASAP.

Does the fact that you can get a passport from your country makes you stateless? If so, that might give you an adavntage in applying for British citizenship. This might also be used by your solicitor
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Postby mrlookforward » Sat Jul 03, 2010 3:27 am

@ bbtt. Now let me put down everything as precisely as I can. Your driving disqualification got spent when it was over. But you are missing one important bit here. You got two sentences. Driving disqualification and a fine. Fine requires 5 years rehabilitation period.

When you filled up the form AN, you signed a declaration, which apart from other things mentioned that you were making the declaration to the best of knowledge and belief and that you have read the quide "Naturalisation as British citizen". In that guide, its mentioned very clearly that rehabilitation period for fine is 5 years. So basically, according to immigration law, you made a false declaration and there is no escaping from this fact. I am not saying that you should not try your best to somehow get the 10 years bar on naturalisation lifting by writing to UKBA. I would say you have nothing to loose and you should try your best to convince them that somehow you made this grave mistake under the impression that your conviction was spent. It will be an uphill battle and chances of getting the bar lifted are slim to say the least, but I don't see any harm in trying.

As far as your home country not issuing you the passport is concerned, then this in itself can't be construed as being stateless. For a successful application for Certificate of Travel, you must show to UKBA that you applied for your home country's passport and they have unreasonably denied the request. Not fulfilling reasonable passport issuance requirements of your home country can't be used as a valid cause to obtain Certificate of Travel. In some cases of utmost urgency or need, UKBA may still issue you Certificate of Travel even without showing that you home country denied your passport application unreasonably. But you should be able to demonstrate that issuance of passport will take a very long time and in this case the Certificate of Travel will only be issued for short validity of 1 year.
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Postby noah11 » Sat Jul 03, 2010 10:15 pm

did you mention it when u applyed for the ILR then?
mohamed
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