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1 conviction + 1 FPN any change for Citizenship Help Please

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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lonlyisland66
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1 conviction + 1 FPN any change for Citizenship Help Please

Post by lonlyisland66 » Mon May 13, 2013 4:35 pm

HI all,

I am a newbi to this forum. Because the change of the UKBA rule, I no longer have to wait for 5 years to apply citizenship due to a fine.

I have:

1. Conviction -> Common Aassult which is fined for 290 pounds 3 years ago.

2. Fixed Penalty -> driving without valid insurance which is fined 200 pounds 4 years ago.

The new rule said, for a fine without prision, i just have to wait 3 years and I can apply, and laywer said it is fine to apply too, but some ppl from other forum said : it can still refuse me on the ground of my conviction !!!

I then have 2 question:

1) the new rule said it is 3 years for fine, and if they refuse me when 3 years have passed, what long should I wait / or what rule should I apply under/based on?

2) I understood ppl said, it is the reckless offence, but the Home office clearly used these works in (when deal/overlook with minor offences, offences involved voliance and recklessness sould not be overlook ) -- This is only there to help case worker to deal with whether they should overlook a single conviction not deal with cases that 3 years has already past!

Will you agree?


One more thing, the Home Office knows that I have 1 conviction + 1 driving without insurace, they still issue me with ILR back in 2011
Last edited by lonlyisland66 on Tue May 21, 2013 4:10 pm, edited 1 time in total.

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Amber
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Re: 1 conviction + 1 FPN any change for Citizenship Help Ple

Post by Amber » Mon May 13, 2013 4:41 pm

lonlyisland66 wrote:HI all,

I am a newbi to this forum. Because the change of the UKBA rule, I no longer have to wait for 5 years to apply citizenship due to a fine.

I have:

1. Conviction -> Common Aassult which is fined for 290 pounds 3 years ago.

2. Fixed Penalty -> driving without valid insurance which is fined 200 pounds 4 years ago.

The new rule said, for a fine without prision, i just have to wait 3 years and I can apply, and laywer said it is fine to apply too, but some ppl from other forum said : it can still refuse me on the ground of my conviction !!!

I then have 2 question:

1) the new rule said it is 3 years for fine, and if they refuse me when 3 years have passed, what long should I wait / or what rule should I apply under/based on?

2) I understood ppl said, it is the reckless offence, but the Home office clearly used these works in (when deal/overlook with minor offences, offences involved voliance and recklessness sould not be overlook ) -- This is only there to help case worker to deal with whether they should overlook a single conviction not deal with cases that 3 years has already past!

Will you agree?
Your non custodial conviction will generally be a bar from naturalisation for 3 years as you do not meet the good character requirement. However, as you indicate one offence was violence related and the other a recklessness offence. Thus, the ukba have discretion to reject beyond the 3 years this is to do with cases in the past! Given the nature of the convictions and the elapsed time I would expect your application to succeed. However, do not be surprised if it is rejected.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

lonlyisland66
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Posts: 3
Joined: Mon May 13, 2013 4:23 pm

Re: 1 conviction + 1 FPN any change for Citizenship Help Ple

Post by lonlyisland66 » Tue May 21, 2013 3:27 pm

D4109125 wrote:
lonlyisland66 wrote:HI all,

I am a newbi to this forum. Because the change of the UKBA rule, I no longer have to wait for 5 years to apply citizenship due to a fine.

I have:

1. Conviction -> Common Aassult which is fined for 290 pounds 3 years ago.

2. Fixed Penalty -> driving without valid insurance which is fined 200 pounds 4 years ago.

The new rule said, for a fine without prision, i just have to wait 3 years and I can apply, and laywer said it is fine to apply too, but some ppl from other forum said : it can still refuse me on the ground of my conviction !!!

I then have 2 question:

1) the new rule said it is 3 years for fine, and if they refuse me when 3 years have passed, what long should I wait / or what rule should I apply under/based on?

2) I understood ppl said, it is the reckless offence, but the Home office clearly used these works in (when deal/overlook with minor offences, offences involved voliance and recklessness sould not be overlook ) -- This is only there to help case worker to deal with whether they should overlook a single conviction not deal with cases that 3 years has already past!

Will you agree?
Your non custodial conviction will generally be a bar from naturalisation for 3 years as you do not meet the good character requirement. However, as you indicate one offence was violence related and the other a recklessness offence. Thus, the ukba have discretion to reject beyond the 3 years this is to do with cases in the past! Given the nature of the convictions and the elapsed time I would expect your application to succeed. However, do not be surprised if it is rejected.

thank you very much lonenly island, let z just hope they can grant me the citizenship. Coz i have dont so much for this country, I help in many fund rasing events, help local senior citizens, and I pay nearly 680 pounds tax+NI every month to UK.

One question tho, let us just say if the refuse me, the must give me a timeline on "How long should I wait to apply again will be successful", because they can not just refuse me without telling me how long that I have to wait.

They should either tell me 1) because the nature of the conviction & traffic you will never be UK citizen, or 2) the length of time that I need to wait to apply again !!!

do you agree

Ayyubi72
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Post by Ayyubi72 » Tue May 21, 2013 3:50 pm

As the other member has already pointed out, the "clear" period is 3 years, which has passed for both of your conviction. But good character requirement is not just about the "clear" period. They also take into consideration all the information and see if the conduct of the applicant as a whole casts doubts on their character. They are not obliged to tell you in advance that on a specific date in future they will be willing to grant you naturalisation.

I suggest you read Annex D: The good character requirement.

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

I don't think anyone can give you any further information, or a clear cut answer one way or another.

D4109125 has already given all there is you need to know to make a decision.

lonlyisland66
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Posts: 3
Joined: Mon May 13, 2013 4:23 pm

You miss understanding

Post by lonlyisland66 » Tue May 21, 2013 4:10 pm

Ayyubi72 wrote:As the other member has already pointed out, the "clear" period is 3 years, which has passed for both of your conviction. But good character requirement is not just about the "clear" period. They also take into consideration all the information and see if the conduct of the applicant as a whole casts doubts on their character. They are not obliged to tell you in advance that on a specific date in future they will be willing to grant you naturalisation.

I suggest you read Annex D: The good character requirement.

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

I don't think anyone can give you any further information, or a clear cut answer one way or another.

D4109125 has already given all there is you need to know to make a decision.

firstly thank you very much for replying, but i think you kinda mis-understanding wot I mean.

I understand they cannot give any date or length of time in advanced. but what I am trying to say is :

what should I do if they refuse me purely on the 1 conviction + 1 driving without insurance?

so should I wait another 1 year? 2 year? 5 years? or I will never be able to become UK citizens?

One more thing, the Home Office knows that I have 1 conviction + 1 driving without insurace, they still issue me with ILR back in 2011

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Amber
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Re: You miss understanding

Post by Amber » Tue May 21, 2013 4:14 pm

lonlyisland66 wrote:
Ayyubi72 wrote:As the other member has already pointed out, the "clear" period is 3 years, which has passed for both of your conviction. But good character requirement is not just about the "clear" period. They also take into consideration all the information and see if the conduct of the applicant as a whole casts doubts on their character. They are not obliged to tell you in advance that on a specific date in future they will be willing to grant you naturalisation.

I suggest you read Annex D: The good character requirement.

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/

I don't think anyone can give you any further information, or a clear cut answer one way or another.

D4109125 has already given all there is you need to know to make a decision.

firstly thank you very much for replying, but i think you kinda mis-understanding wot I mean.

I understand they cannot give any date or length of time in advanced. but what I am trying to say is :

what should I do if they refuse me purely on the 1 conviction + 1 driving without insurance?

so should I wait another 1 year? 2 year? 5 years? or I will never be able to become UK citizens?

One more thing, the Home Office knows that I have 1 conviction + 1 driving without insurace, they still issue me with ILR back in 2011
The requirements for ILR and naturalisation are different. There is no appeal but you could dispute the decision. I would surprised, given the sentence and time, if you were refused.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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