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ayshab
Newbie
Joined: 08 Mar 2012
Posts: 5
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 Posted: Wed Mar 14, 2012 11:17 pm Post subject: Re: Citizenship and Traffic offence |
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| friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed  Well if u are confident then why asking  |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu Mar 15, 2012 12:34 am Post subject: Re: Citizenship and Traffic offence |
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| ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu Mar 15, 2012 12:37 am Post subject: Re: Citizenship and Traffic offence |
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IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc.[/quote]
I spoke to a consultant, I was told if I got my ILR without any problem the BC should be fine too. Good Luck if you have applied or going to apply soon.  |
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ayshab
Newbie
Joined: 08 Mar 2012
Posts: 5
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| Posted: Thu Mar 15, 2012 12:39 am Post subject: Re: Citizenship and Traffic offence |
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[quote="friend12345"] | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck[/quote
No I havent yet. Not sure whether to take the risk or not.
Best of luck to you. Let me know how you got on.
Did you apply through NCS? |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu Mar 15, 2012 9:13 am Post subject: Re: Citizenship and Traffic offence |
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[quote="ayshab"] | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck[/quote
No I havent yet. Not sure whether to take the risk or not.
Best of luck to you. Let me know how you got on.
Did you apply through NCS? |
No, I applied myself as NCS told me they are instructed not to take any applications if the applicant has an.unspent conviction. I checked CW guidance notes which clearly says that they can disregard a minor unspent conviction if the applicant is suitable for citizenship in all other aspects.
I will let you the outcome
Good Luck |
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ayshab
Newbie
Joined: 08 Mar 2012
Posts: 5
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| Posted: Thu Mar 15, 2012 6:10 pm Post subject: Re: Citizenship and Traffic offence |
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[quote="friend12345"] | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck[/quote
No I havent yet. Not sure whether to take the risk or not.
Best of luck to you. Let me know how you got on.
Did you apply through NCS? |
No, I applied myself as NCS told me they are instructed not to take any applications if the applicant has an.unspent conviction. I checked CW guidance notes which clearly says that they can disregard a minor unspent conviction if the applicant is suitable for citizenship in all other aspects.
I will let you the outcome
Good Luck |
IN 10( driving without insurance) is considered a criminal offence n not a minor. If you have read CWs notes, what do you think? Do I stand a chance? I wont quote you on it later on,just taking your idea.  ) |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu Mar 15, 2012 6:37 pm Post subject: Re: Citizenship and Traffic offence |
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[quote="ayshab"] | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck[/quote
No I havent yet. Not sure whether to take the risk or not.
Best of luck to you. Let me know how you got on.
Did you apply through NCS? |
No, I applied myself as NCS told me they are instructed not to take any applications if the applicant has an.unspent conviction. I checked CW guidance notes which clearly says that they can disregard a minor unspent conviction if the applicant is suitable for citizenship in all other aspects.
I will let you the outcome
Good Luck |
IN 10( driving without insurance) is considered a criminal offence n not a minor. If you have read CWs notes, what do you think? Do I stand a chance? I wont quote you on it later on,just taking your idea. ) |
I know driving without insurance is a serious offence but if you got ILR without any hassle then BC should be ok too, seniors please advise.
Also, check this link below:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary
Section 3 |
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DEVONIAN
Member
Joined: 20 Jan 2010
Posts: 63
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| Posted: Mon Mar 19, 2012 7:57 pm Post subject: Re: Citizenship and Traffic offence |
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[quote="friend12345"] | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | friend12345 wrote: | | ayshab wrote: | | Smallfamily wrote: | | friend12345 wrote: |
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes |
Did I say they tossed Well if u are confident then why asking |
but ive been told its different for citizenship, you need a clear record. besides its alot of money, n the NCS wont take my application as it is. Ill have to apply directly. |
Hi Ayshab, what is your conviction and what were you told by ncs? |
IN10 ( driving without insurance) and 6 points on my license, although it wasnt my fault n got compensation etc. I got my ILR with this conviction.
Well we went to apply as a family to NCS, they told me not to apply with the family as theres a high risk that because of me , the whole joint application will be rejected so i shud let my family apply ( which they did) n i shud wait till the conviction is spent which is like in Jan 2013. I have no other traffic offence or any troubles with police etc. |
Did you apply OR not then? I applied with conviction LC 20 ( driving on international licence for more than a year which I didnt know ) 3 points no fine, HO took my fees today so fingers crossed.
Hope for good.
Good Luck[/quote
No I havent yet. Not sure whether to take the risk or not.
Best of luck to you. Let me know how you got on.
Did you apply through NCS? |
No, I applied myself as NCS told me they are instructed not to take any applications if the applicant has an.unspent conviction. I checked CW guidance notes which clearly says that they can disregard a minor unspent conviction if the applicant is suitable for citizenship in all other aspects.
I will let you the outcome
Good Luck |
IN 10( driving without insurance) is considered a criminal offence n not a minor. If you have read CWs notes, what do you think? Do I stand a chance? I wont quote you on it later on,just taking your idea. ) |
I know driving without insurance is a serious offence but if you got ILR without any hassle then BC should be ok too, seniors please advise.
Also, check this link below:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary
Section 3 |
Conviction for driving whilst uninsured (an absolute criminal offence) and/or conviction for driving without a valid licence (as in the case of using international driving licence for more than 1 year after arriving in the UK) attracts fines and penalty points. The latter (i.e. penalty points) are subsequently endorsed on your UK driving licence (full or provisional) if and when you obtain one. Whilst it takes 4 years, from the date of conviction, to have the endorsement removed, the convictions only become spent after 5 years. Now, an ILR applicant could scale through getting their ILR before these convictions become spent. Generally, they do! Conversely, however, there is a 100% probability that having unspent conviction(s) at the point of applying for British Citizenship automatically leads to an unsuccessful application. Personally, I would wait until any convictions become spent. But, since you’ve already applied, it’s a case of fingers crossed for you! Whatever happens, do keep us posted. Best wishes! |
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makkan00
Member
Joined: 23 Jan 2010
Posts: 86
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| Posted: Sat Apr 14, 2012 6:41 pm Post subject: |
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I have read many topics on this.
Friend12345, you stand a good chance and I am sure you will get BC soon.
Your offence is minor as you got 3 points only and you had to pay for fee court and not fine.
The annex which you attached earlier clearly says that if you get the points from the court as if police cannot give you (on int'l license) then that is considered as FPP.
Friend12345, all the best, and let me know how you get on with it.
Ayshab, I am not discouraging you, but driving without insurance comes under umbrella term 'deception' and it is dealt with all the seriousness.
I would strongly suggest you to wait til, it becomes 'spent'. You have ILR, so why rushing toward BC. Go for it, when safe.
All the best.
Last edited by makkan00 on Sun Apr 15, 2012 10:50 am; edited 1 time in total |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Sun Apr 15, 2012 9:19 am Post subject: |
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| makkan00 wrote: | I have read many topics on this.
Friend12345, you stand chance and I am sure you will get BC soon.
Your offence is minor as you got 3 points only and you had to pay for fee court and not find.
The annex which you attached earlier clearly says that if you get the points from the court as if police cannot give you (on int'l license) then that is considered as FPP.
Friend12345, all the best, and let me know how you get on with it.
Ayshab, I am not discouraging you, but driving without insurance comes under umbrella term 'deception' and it is dealt with all the seriousness.
I would strongly suggest you to wait til, it becomes 'spent'. You have ILR, so why rusing toward BC. Go for it, when safe.
All the best. |
Thanks makkan, will defo update once I hear something back, everything crossed till then Lol!!!
Good luck to you too.
_________________
Good things come to those who wait. |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu May 17, 2012 3:52 pm Post subject: Re: Citizenship and Traffic offence |
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| Smallfamily wrote: | | friend12345 wrote: | | Smallfamily wrote: | Yes u must declare it 
if you went to court which is very likely because driving on international licence is considered to be serious so they always send court summons...then yes they will refuse ur appliaction. You must wait until it gets spent.
If you didn't had to go to the court which is very unlikely and you gave fine etc then u should be fine for ur application.
To be honest it is not possible that you can't remember whether you been the court or not  |
I do remember I got summons from the court But I didnt go there to get prosecuted or anything else, I just went there and plead guilty, secondly all International licences are dealt by court as Police cant deal with them, that is what case worked checked in my police record or crb whatever they check and said everything was clear that is how I was granted my ILR recently.
If there was anything to do with my unspent conviction or anything popped up on my name in CRB then I should of not got ILR at the first place. |
This is normal, you get summons and then you plead guilty during court proceeding... they don't prosecute you anyway...
But to be honest, not sure how come they gave u ILR. You should wait as what you have told us from that you still have conviction so u should wait to be on a safe side... u may lose ur application fee! But at end of the day its ur decision. |
Hi Guys!!!
Just to update I got my passport and other supporting documents back today with the letter confirming that my application is successful and that I will receive invitation letter in couple of weeks. I was given 3 penalty points by Magistrate court for driving on International licence for over a year with offence code ( LC 20 ) and I got my ILR approved with same conviction which I had in 2008 which means I was still under 5 years period, It says on UKBA website that if applicat is suitable in all other aspects then we will normally disregard one minor unspent conviction
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary
So, don't listen to all those scaremongers and go ahead if you are satisfied with you documentation.
I wish you all the best  |
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sushdmehta
Moderator
Joined: 17 Mar 2006
Posts: 21252
Location: does it matter?
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| Posted: Thu May 17, 2012 5:09 pm Post subject: |
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It is not scaremongering ....
but a simple fact that a driving offence when in possession of an international driving licence (specially one that cannot be exchanged for a UK licence) can only be dealt by the court ... not the police.
And in such cases, if convicted by court, not all can be automatically be considered "unpsent conviction" ....and certainly not "3 points on the licence"!!
It's like "3 points on the licence" imposed by a judge because the police couldn't have imposed the same on you (because they can't).
_________________
Life isn't fair, but you can be!
Last edited by sushdmehta on Thu May 17, 2012 7:05 pm; edited 1 time in total |
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makkan00
Member
Joined: 23 Jan 2010
Posts: 86
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| Posted: Thu May 17, 2012 5:59 pm Post subject: |
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| Congrats friend 12345 and all the best for citizenship application next year. |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Thu May 17, 2012 6:53 pm Post subject: |
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| sushdmehta wrote: | It is not scaremongering ....
but a simple fact that a driving offence when in possession of an international driving licence (specially one that cannot be exchanged for a UK licence) can only be dealt by the court ... not the police.
And in such cases, if convicted by court, not all can be automatically be considered "unpsent conviction" ....and certainly not "3 points on the licence"!!
It's like "3 points on the licence" imposed by a judge because the police couldn't have imposed the same on you (because they can't). |
Exactly Sushdmehta, my point is the same that it all depends on the nature of the conviction but I was told by same person several times even when applying for my ILR that if I have 3 points on Licence for driving on international licence I must wait till its spent otherwise my application will be refused, thats what I meant by Scaremongering....
I got some very useful information on this forum and I really appreciate that and thankful to everyone who helped me all the way through.
Thanks once again. |
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prateekgaur20
Junior Member
Joined: 11 Feb 2008
Posts: 17
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| Posted: Thu May 17, 2012 9:41 pm Post subject: Re: Citizenship and Traffic offence |
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| friend12345 wrote: | | Smallfamily wrote: | | friend12345 wrote: | | Smallfamily wrote: | Yes u must declare it
if you went to court which is very likely because driving on international licence is considered to be serious so they always send court summons...then yes they will refuse ur appliaction. You must wait until it gets spent.
If you didn't had to go to the court which is very unlikely and you gave fine etc then u should be fine for ur application.
To be honest it is not possible that you can't remember whether you been the court or not |
I do remember I got summons from the court But I didnt go there to get prosecuted or anything else, I just went there and plead guilty, secondly all International licences are dealt by court as Police cant deal with them, that is what case worked checked in my police record or crb whatever they check and said everything was clear that is how I was granted my ILR recently.
If there was anything to do with my unspent conviction or anything popped up on my name in CRB then I should of not got ILR at the first place. |
This is normal, you get summons and then you plead guilty during court proceeding... they don't prosecute you anyway...
But to be honest, not sure how come they gave u ILR. You should wait as what you have told us from that you still have conviction so u should wait to be on a safe side... u may lose ur application fee! But at end of the day its ur decision. |
Hi Guys!!!
Just to update I got my passport and other supporting documents back today with the letter confirming that my application is successful and that I will receive invitation letter in couple of weeks. I was given 3 penalty points by Magistrate court for driving on International licence for over a year with offence code ( LC 20 ) and I got my ILR approved with same conviction which I had in 2008 which means I was still under 5 years period, It says on UKBA website that if applicat is suitable in all other aspects then we will normally disregard one minor unspent conviction
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary
So, don't listen to all those scaremongers and go ahead if you are satisfied with you documentation.
I wish you all the best |
Congratulations friend12345....It's really a good news & relief for many people.My case is very similar to yours got (LC20) in 2009...Could you please provide me you agents contact details ,cover letters & Documents list..I'll really appreciate for this information....You case should be put under one category on this form by moderator as it'll help lots of people... |
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joshtr81
Junior Member
Joined: 18 Feb 2011
Posts: 23
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| Posted: Sat May 19, 2012 12:34 am Post subject: |
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| congratulations. I also have LC20, £30 fine and 3 points, I sent my applicaiton off in middle of Feb but still waiting for response, although HO have returned all my documents. Congratulations again, hopefully I will get good news soon! |
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1273
Junior Member
Joined: 11 Jul 2009
Posts: 34
Location: LONDON
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| Posted: Fri Jun 15, 2012 9:48 pm Post subject: LC20- Driving otherwise than in accordance with a licence... |
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I have been convicted July 2010 of traffic offence LC20-Driving otherwise than in accordance with a licence, fined 150.00 and 3 points... I received ILR August 2010. Would have been able to apply for Naturalization August 2011.
I haven't applied for Naturalization as I am thinking I might waste the money due to 5 years unspent rules. I have considered the fact that there are guidelines that suggests if there is only one conviction and ALL other is fine, then the casework can use their discretion. A solicitor said that he would apply on my behalf as he thinks I have a good chance.
Still haven't decided what I will do. I have applied for a Enhanced Criminal Disclosure to see whats on it.
Any ideas??
_________________
WOW |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Sat Jun 16, 2012 8:06 am Post subject: Re: LC20- Driving otherwise than in accordance with a licenc |
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| 1273 wrote: | I have been convicted July 2010 of traffic offence LC20-Driving otherwise than in accordance with a licence, fined 150.00 and 3 points... I received ILR August 2010. Would have been able to apply for Naturalization August 2011.
I haven't applied for Naturalization as I am thinking I might waste the money due to 5 years unspent rules. I have considered the fact that there are guidelines that suggests if there is only one conviction and ALL other is fine, then the casework can use their discretion. A solicitor said that he would apply on my behalf as he thinks I have a good chance.
Still haven't decided what I will do. I have applied for a Enhanced Criminal Disclosure to see whats on it.
Any ideas?? |
LC20 is a minor offence which can be disregarded by case worker and I am sure it won't show on your Enhanced Criminal Disclosure either, I will definately go for Naturalisation application if I was you specially with all the changes they r bringing in, who knows what the rules will be after 3 years |
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1273
Junior Member
Joined: 11 Jul 2009
Posts: 34
Location: LONDON
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| Posted: Sat Jun 16, 2012 8:44 am Post subject: |
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Thanks. Do you think the NCS will accept my application? Or should I send it by post or through a solicitor?
Also I have a child who would apply with me for Registration. Should I do both at the same time or wait to see the outcome for my application first?
_________________
WOW |
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friend12345
Member of Standing
Joined: 12 Jan 2012
Posts: 125
Location: Newcastle upon Tyne
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| Posted: Sat Jun 16, 2012 9:24 am Post subject: |
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| 1273 wrote: | Thanks. Do you think the NCS will accept my application? Or should I send it by post or through a solicitor?
Also I have a child who would apply with me for Registration. Should I do both at the same time or wait to see the outcome for my application first? |
NCS refused to take my application because of the offence, I applied by post and gost approval in 2 months 10 days.
Good Luck |
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