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1 unpsent speeding conviction - problem?

Posted: Wed Mar 31, 2010 3:22 pm
by droogish
I think I may have wasted £720 pounds.

I have applied for naturalisation.

4.5 years ago, I got a speeding fine 66mph in a 50 zone - but was on a foreign license so the fine was issued by a court (£60) via post.
This is my only conviction ever, however it was not a "fixed penalty", as I had a foreign license.

I got the impression from the UKBA site, that a single minor conviction, resulting in a fine (such as for speeding), can be overlooked. Yet elsewhere, i get the impression that no unspent convictions - no exceptions.
I declared this information on my application.

In hindsight, i should have waited 6 months, till it was "spent".

The NCS did not pick up on this - they submitted my app!

Does anyone know if UKBA will still be able to find me of good character with this?

Re: 1 unpsent speeding conviction - problem?

Posted: Wed Mar 31, 2010 11:58 pm
by yarons
droogish wrote:I think I may have wasted £720 pounds.

I have applied for naturalisation.

4.5 years ago, I got a speeding fine 66mph in a 50 zone - but was on a foreign license so the fine was issued by a court (£60) via post.
This is my only conviction ever, however it was not a "fixed penalty", as I had a foreign license.

I got the impression from the UKBA site, that a single minor conviction, resulting in a fine (such as for speeding), can be overlooked. Yet elsewhere, i get the impression that no unspent convictions - no exceptions.
I declared this information on my application.

In hindsight, i should have waited 6 months, till it was "spent".

The NCS did not pick up on this - they submitted my app!

Does anyone know if UKBA will still be able to find me of good character with this?
I think you should be fine. Case workers guidelines clearly state that minor offences such as speeding can be overlooked if it is the only conviction and all other requirements are met.

It is not guaranteed but you are more likely to be fine.

Posted: Thu Apr 01, 2010 8:34 am
by droogish
Thanks, I really hope you are right - i am getting sick with worry.

Posted: Tue Apr 13, 2010 5:38 pm
by foxy
droogish wrote:Thanks, I really hope you are right - i am getting sick with worry.
Hi droogish,

I think your research is sound - there appears to be two schools of thought depending on whom you talk to at the UKBA. That said, in your case, it happened 4.5 years ago, so even in the worst case scenario that you're refused, you could reapply again in a few months' time. I know it is a lot of money down the drain, but you would have had a lot more grey hair worrying if the incident had happened say 6 months ago, resulting in you waiting 4.5 years.

Cheer up :-) - hopefully there are some very good news coming your way! Please let us know how it worked out!

Posted: Fri Apr 23, 2010 4:26 pm
by droogish
Some good news..

UKBA contacted me explaining that they understood how the situation concerning my fine / fixed penalty had arisen. Because I had disclosed this information they had decided to apply discretion and approve my application in this case...i.e. it would be considered minor.

nb, a fine would usually be rejected. My speeding offence would have been a standard 'fixed penalty', if I had a UK license. In hindsight, I still wouldn't recommend anyone in my situation applying..better to wait the full five years and take no chances!

Horray! Happpy days.

Posted: Fri Apr 23, 2010 7:13 pm
by senthil78
droogish wrote:Some good news..

UKBA contacted me explaining that they understood how the situation concerning my fine / fixed penalty had arisen. Because I had disclosed this information they had decided to apply discretion and approve my application in this case...i.e. it would be considered minor.

In hindsight, I still wouldn't recommend anyone in my situation applying..better to wait the full five years and take no chances!

So my ceremony is now booked for next week!

Horray! Happpy days.
Congrats droogish. Did HO contact you before approving your application? Did they let you know that they are going to apply discretion in your case? Is it by phone or letter? I never heard that HO will contact if there is a issue in the application.

Posted: Fri Apr 23, 2010 7:55 pm
by raymasa2
droogish wrote:Some good news..

UKBA contacted me explaining that they understood how the situation concerning my fine / fixed penalty had arisen. Because I had disclosed this information they had decided to apply discretion and approve my application in this case...i.e. it would be considered minor.

In hindsight, I still wouldn't recommend anyone in my situation applying..better to wait the full five years and take no chances!

So my ceremony is now booked for next week!

Horray! Happpy days.
Congratulations, thats good news.

Ray

Posted: Tue Apr 27, 2010 5:02 pm
by Midlands2010
Hi mate,

As senthil78 says, did they queryed you or just informed you that they have considered this minor?

Did you put an explanation letter along with your application about you having a foriegn license at the time of offence and hence conviction by court?

OR

you just declared that you have unspent conviction from court at such and such date and left it for them to interpret as a minor offence due the circumstances you were in, ( i.e. having a foriegn license)

Please advise and

many thanks :D
senthil78 wrote:
droogish wrote:Some good news..

UKBA contacted me explaining that they understood how the situation concerning my fine / fixed penalty had arisen. Because I had disclosed this information they had decided to apply discretion and approve my application in this case...i.e. it would be considered minor.

In hindsight, I still wouldn't recommend anyone in my situation applying..better to wait the full five years and take no chances!

So my ceremony is now booked for next week!

Horray! Happpy days.
Congrats droogish. Did HO contact you before approving your application? Did they let you know that they are going to apply discretion in your case? Is it by phone or letter? I never heard that HO will contact if there is a issue in the application.