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6 Points On My License Will it Affect My Naturalization ????

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Smam
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Location: London

Post by Smam » Tue Jan 15, 2013 6:51 pm

skymoon wrote:Hi Smam,

Don't loose hope and apply BC. I have same situation like you but my solicitor said as i received ILR with same Fixed Penalty Notice IN10, Fine £200, 6 Points on License without any problem, BC application will be OK. I applied on 22 November for my BC and still waiting for decision.

There is nothing impossible in this world, you should apply and INSHALLAH you will get approval. Good luck.
Hi brother Skymoon,

I really dont have words to say thanks to you for your extremely kind reply I Pray for you brother from the bottom of my hearts that Inshaa Allah Inshaa Allah Inshaa Allah that you'll definitely get your BC Inshaa Allah AAMIN.

Brother I really dont have words to say thanks to you for sharing your experience with me honestly it has given me a biggest sigh of relief honestly.

Brother I dont like to say much about my self sharing my sob life stories but I've suffered more in this country in my last 10 years of time period than gained less. One of the few examples were I had swine flu back in 2009 which has affected my kidneys badly as soon as I got recovered from that I had a car accident and was in the ICU for 3 days struggling between life and death. Lost so many things in this country and all these sacrifices are due to the better future just to get the passport and wanted to leave this country wanted to go some where else. Brother these were just few things what I've told you. There are a lot more than that any ways.

Well lets see hope for the best.

Brother once again all of my heartiest prayers are with you for your sucess in your BC. Please kindly keep us updated on the forum.

Good luck for your BC.

Smam
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Post by Smam » Wed Jan 16, 2013 2:40 am

Hi

Moderators or Gurus please help me. Any one come accross a similar situation and they have applied for their BC and got it successfully please kindly share your experience with us here on the forum.

I am really greatful to Skymoon who has shared his experience here on the forum I would like to know if you can get your ILR then will it be a problem to get your BC in my situation.

Many thanks and waiting for your useful replies.

n2820m
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Post by n2820m » Wed Jan 16, 2013 12:38 pm

One Fix Penalty in one year will be disregarded by home office so be care full next and you will be ok to apply

Smam
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Location: London

Post by Smam » Wed Jan 16, 2013 1:13 pm

n2820m wrote:One Fix Penalty in one year will be disregarded by home office so be care full next and you will be ok to apply
Hi n2820m,

Many thanks for your extremely prompt and kind reply to my post.

Well that's what I am thinking as well but due to that FPN i am getting 6 points on my driving license under the code driving without insurance which was a total mistake and we all are human beings we all do mistake I would never ever drive a car without insurance as I am already aware of the serious consequences of it.

The last thing coming to my mind is to send a covering letter along with a copy of my insurance certificate at the time of my BC application but I dont know if that will work for me or not. Seriously asking from my heart that I am in to tears every single day when I think about it.

Many thanks and waiting for your useful replies from the people who have come accross a similar situation like mine and they've got their BC or any useful replies from the moderators or the Gurus from this forum.

Smam
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Post by Smam » Wed Jan 16, 2013 7:38 pm

Hi

Any more replies from the Moderators or Gurus from this forum.

Many thanks and waiting for your useful replies.

msx2013
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drink-driving and british citizenship

Post by msx2013 » Thu Jan 17, 2013 11:49 pm

I'm looking for some advise and I'm sorry, if I'm hijacking someone's thread.

I was on a 5-year work permit from 10/2004 to 10/2009. Call it fate, bad luck or stupidity - I was done for drink-driving the night before my employer's agent was making an ILR application (in person) with the Home Office. To keep things open and honest, I ensured the Home Office was made aware of the offense, via my employers agent. The Home Office, instead of making the decision for my ILR on the same-day, held my passport for about two months.

In about a weeks time, I was convicted for drink-driving - banned for 14 months and fined £500. I kept the Home Office informed of the conviction and eventually, without much hassle I was granted ILR by end November 2009 (I was lucky + legislation allowed then).

I have since been waiting for my convictions to be spent under ROA to apply for British Citizenship (i.e. apply after November 2014). The new guidelines document as of January 2013 now does not account for ROA.

Am I right in assuming that since the fine was a non-custodial sentence and since it occurred 3+ years ago, I should be OK to apply now? Or should I be worried that my 'reckless' offense will not normally be disregarded?

Smam
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Post by Smam » Sat Jan 19, 2013 12:57 am

Hi

Well I think the new rules are really dissappointing what else I can say a part from that.

May I know is there any Premium Service Facility available for BC or do we have to post it. I am only asking this cause I wanted to explain my situation to the CW I'll definitely write a covering letter and try to provide all the available evidences to the CW as well.

Many thanks and waiting for your useful replies.

Good luck to every one for their BC application.

Gyfrinachgar
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Post by Gyfrinachgar » Sat Jan 19, 2013 1:02 am

Smam wrote:May I know is there any Premium Service Facility available for BC or do we have to post it. I am only asking this cause I wanted to explain my situation to the CW I'll definitely write a covering letter and try to provide all the available evidences to the CW as well.
There is no chance you will directly interact with your caseworker. HO must protect their people - if applicants could meet them directly, caseworkers would be threatened by unacceptable levels of verbal and potentially physical abuse (not meaning you, of course, but many people unfortunately develop quite a nasty temper when things don't go their way). If you want to actually speak to someone, you have to use NCS - but those guys only check your application, nothing more. No, I am afraid you have to explain the situation in paper form. That being said, in such situations a good cover letter expressing everything you want the caseworker to consider can make all the difference.

Smam
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Post by Smam » Sat Jan 19, 2013 5:58 pm

Gyfrinachgar wrote:
Smam wrote:May I know is there any Premium Service Facility available for BC or do we have to post it. I am only asking this cause I wanted to explain my situation to the CW I'll definitely write a covering letter and try to provide all the available evidences to the CW as well.
There is no chance you will directly interact with your caseworker. HO must protect their people - if applicants could meet them directly, caseworkers would be threatened by unacceptable levels of verbal and potentially physical abuse (not meaning you, of course, but many people unfortunately develop quite a nasty temper when things don't go their way). If you want to actually speak to someone, you have to use NCS - but those guys only check your application, nothing more. No, I am afraid you have to explain the situation in paper form. That being said, in such situations a good cover letter expressing everything you want the caseworker to consider can make all the difference.
Hi Gyfrinachgar

Many thanks for your extremely kind reply that's exactly what I am planning to do as well.

Honestly my heart is crying every time when ever I just think about that moment.

I just wanted to ask one more thing from the experienced forum members or Moderators or Gurus that God Forbid in worst case scenario if I'll get the refusal for my BC application will I get the right to appeal for it.

Many thanks and waiting for your useful replies.

Good luck to every one who're applying for their BC.

Gyfrinachgar
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Location: Wales

Post by Gyfrinachgar » Sat Jan 19, 2013 6:07 pm

Smam wrote:I just wanted to ask one more thing from the experienced forum members or Moderators or Gurus that God Forbid in worst case scenario if I'll get the refusal for my BC application will I get the right to appeal for it.
There is no right of appeal, but you can ask for reconsideration using form NR (which, at the end of the day, is the same thing as an appeal). See here.
You can also apply again. Everybody can, except the people who have been banned for 10 years for giving false/misleading/incomplete information in a previous application.

Smam
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Post by Smam » Sat Jan 19, 2013 6:48 pm

Hi Gyfrinachgar

Many thanks for your kind and extremely prompt reply to my querry. Lets see hope it'll wont go to that end for me lets hope.

No matter how much optimistic I stay but I still have to think about both sides of the pictures and still my heart is crying and I get tears in my eyes every time I think about it.

Kindly keep us updated on the forum once you'll apply for your BC having in a similar situation like mine and if you'll get a positive reply that would really be very very help ful for me and for every other forum members who're in a situation like mine.

Good to every one who're applying for their BC.

jagacharaja
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Post by jagacharaja » Sun Jan 20, 2013 3:43 am

Smam,

Don't take this the wrong way but given the pain that's clearly evident from your posts I have to ask: Are you sure British citizenship is so valuable to you? I appreciate it might be required for certain jobs but barring that small possibility I believe you're putting yourself under a lot of duress which can be avoided. ILR ought to suffice for 99% of things you want to do in this country, surely?

It's not my intention to challenge your reasons but the only reason I want to raise this is that perhaps you might be missing the obvious trick here - is your "crime" going to be "spent" at any point? I would like to think yes. I remember reading somewhere that if you get a prison sentence for 30 months or more for a single conviction then it will never be spent. So my guess is that at some point this issue is going to be "spent", at which time you can apply for naturalisation without all this headache?

Apologies if I'm missing any facts from this thread that make the above a non-starter, but I believe it's better to throw this obvious point out there for your consideration.

Worse case scenario, having ILR in the UK is not a bad deal at all, even if you can't naturalise.

At any rate, keep well. Even though it might not seem like it now, life is so much bigger than these things.

Smam
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Location: London

Post by Smam » Sun Jan 20, 2013 5:48 am

jagacharaja wrote:Smam,

Don't take this the wrong way but given the pain that's clearly evident from your posts I have to ask: Are you sure British citizenship is so valuable to you? I appreciate it might be required for certain jobs but barring that small possibility I believe you're putting yourself under a lot of duress which can be avoided. ILR ought to suffice for 99% of things you want to do in this country, surely?

It's not my intention to challenge your reasons but the only reason I want to raise this is that perhaps you might be missing the obvious trick here - is your "crime" going to be "spent" at any point? I would like to think yes. I remember reading somewhere that if you get a prison sentence for 30 months or more for a single conviction then it will never be spent. So my guess is that at some point this issue is going to be "spent", at which time you can apply for naturalisation without all this headache?

Apologies if I'm missing any facts from this thread that make the above a non-starter, but I believe it's better to throw this obvious point out there for your consideration.

Worse case scenario, having ILR in the UK is not a bad deal at all, even if you can't naturalise.

At any rate, keep well. Even though it might not seem like it now, life is so much bigger than these things.
Hi jagacharaja,

First of all I would like extend my gratitude to you for taking the time out to reply to my post brother. After reading your posts completely You've really made me speechless. I dont know you but I must say a big thank you for your kind reply.

Now let me disclose what's behind all that pain. I found this forum and almost many of the members quite sincere in their replies. I'll tell you that why its so important for me to get neutralize. First of all I am living in the UK for the past alomost 10 or 11 odd years and I dont remember a day passed in this country with out being extremely stressfull for me. No matter I use to work in the London City Financial Markets as a Consultant lost my job but that's just part of life. I'm from Pakistan and being perfectly honest with every one I wont be able to get the chance to explore the world with out having a British PP.

I've been to many recruiters, they specialize in providing International Job placements for British People, but they said to me clearly that in order to get an international placing as a British X Pat I've to have the British PP and that's full stop. I am not really interested at all in staying in Britain even for a single second after getting my PP.

You can say that its my extreme weakness but I dont take a single breath with out planning for it so you can imagine that a person like me who has given 11 years of his life to this country must have some thing in his mind. I really consider my self quite fortunate that I've got the chance to travel accross many different parts of the world through my job working as a Finance Consultant and most of the British X Pats are really better off working out side britain specially working in the Middle East, The Far East in the Pacific Rim Region.

Well I think I've endless reasons in my minds I've just tried to given you a small picture of my mind.

In the end I would like to say thanks to you once again for your kind reply to my querry. I really found it quite motivating.

Smam
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Post by Smam » Sun Jan 20, 2013 4:38 pm

Hi

I would like ask one thing here that I've enquired about this from the Police station and they further advised me that I can appeal in the court against my FPN if I want to use the option for appealing against the FPN and will not get a criminal coviction or any thing like that its just that every one has got the right of appeal as I've already expalined my scenario that I can appeal against it. The police officers explained to me that it'll never ever be a criminal conviction if I appeal against my FPN in the court it's given me the option of appealing against it as my right to appeal against it and the police officer further told me that it has got nothing to do with the Criminal conviction its a Traffic offense not a Criminal offense.

Any one has got any knowledge if I appeal aginst my FPN in the court and if I loose my case will I get the criminal conviction ? and will it come in my CRB ?

Please help me please any one who has any knowledge of this question.

Many thanks and waiting for your useful replies.

ban.s
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Post by ban.s » Tue Jan 22, 2013 7:25 pm

does your friend's insurance allow him to drive other's car?
if yes, was he carrying a copy of his insurance certificate?

Smam
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Post by Smam » Wed Jan 23, 2013 2:40 am

Hi

Yes my friends insurance allows him to drive other cars as well and I had similar policies all my life, I am paying nearly £300 for my insurance but I just can't believe I've to go through this kind of stress and pain,trust me guys we had a 3 days discussion with many different police officers at the police station and they reassured me that I stand a good chance in the court to win the case after going through all the documents which we have presented at the police station to them, they said to me that unfortunately they wont be able to do any thing here now that's why I took this chance I'll definitely keep the forum members up dated with the court outcome. The police officers told me that unfortunately we as Police Officers have to do our jobs and that's why we give the options to appeal for a FPN if you loose your case an FPN will never become a conviction that's what the officer explained to me many times even I was keep on repeating my self asking again and again that will I get convicted if I loose my case in the court and they said no not at all.

The police officer told me that you'll get convicted if they seize the car and I've to face the court but not in my case an FPN will always stays a FPN no matter if I win or loose.

I started working as a Chauffer after being made redundant last year from my job and I'll loose my job again if I'll get six points on my license so that's another strong point I've to present to the judge in the court lets see.

Well lets face it even if I loose I'll still have my ILR and I'll just absorb this pain like I've absorbed other pain in my 11 years of time period living in this country and I am pretty sure that the judge will not put me behind the bars or any thing like that but at least I would like to take the chance that's all I can say.

Many thanks for your kind replies.

ban.s
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Post by ban.s » Wed Jan 23, 2013 3:47 pm

good luck Smam.

drdrjackbauer
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replays to sam

Post by drdrjackbauer » Wed Jan 23, 2013 3:59 pm

Hi

Yes my friends insurance allows him to drive other cars as well and I had similar policies all my life, I am paying nearly £300 for my insurance but I just can't believe I've to go through this kind of stress and pain,trust me guys we had a 3 days discussion with many different police officers at the police station and they reassured me that I stand a good chance in the court to win the case after going through all the documents which we have presented at the police station to them, they said to me that unfortunately they wont be able to do any thing here now that's why I took this chance I'll definitely keep the forum members up dated with the court outcome. The police officers told me that unfortunately we as Police Officers have to do our jobs and that's why we give the options to appeal for a FPN if you loose your case an FPN will never become a conviction that's what the officer explained to me many times even I was keep on repeating my self asking again and again that will I get convicted if I loose my case in the court and they said no not at all.

The police officer told me that you'll get convicted if they seize the car and I've to face the court but not in my case an FPN will always stays a FPN no matter if I win or loose.

I started working as a Chauffer after being made redundant last year from my job and I'll loose my job again if I'll get six points on my license so that's another strong point I've to present to the judge in the court lets see.

Well lets face it even if I loose I'll still have my ILR and I'll just absorb this pain like I've absorbed other pain in my 11 years of time period living in this country and I am pretty sure that the judge will not put me behind the bars or any thing like that but at least I would like to take the chance that's all I can say.

Many thanks for your kind replies.
Can I just say something, my lawyer just got back to me with the matter to make the application one of the comment i think is really important to you:

if the FPN is motor offance, then you can pay it and it will stay as it is. But if you take it to the court and lose, it will become a "record" and recorded into the Police national computer and UKBA will take it as convictions.

Btw do not believe what police offer said because:

1) they are not lawyer
2) they do not have the reponsalibities therefore they can not held accountable if you listend and there are wrong
3) most of the police offier you see on the street, they did not receive any high education same as the ones in UKBA.
4) they have no experences in immgration matter

---

anyone agree with me.

BTW I reallly hope you are right, coz I pay 1200 pounds for my insurance and I have 2 year NCB discount and most important it is fully comp and still does NOT allow me to dirve others' car.

Another thing is: before you ask to pay the find and take points, the police should ask you provide the insurance documents and any proofs at the police station, if they mistake ,then i m sure they will drop the case, so because on the fact that you are issued of a FPN, i m pretty sure you are guality of that. (this is why i said, i hope you are right)

thank you

Smam
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Post by Smam » Wed Jan 23, 2013 5:12 pm

Hi

Many thanks for your useful replies. I have already lost the hope any ways as I can't submit my driving license in the Police station now as it has pass the 7 days time period I haven't sended it for the appeal till yet but I dont know what to do shall I go back to the police station to surrender my license.

I dont think so that they'll accept it from me now dont know what to do I am feeling more and more and more tense and stressed out that I just can't believe I have gone severely ill having serious chest infection and was in the hospital whole night last night dont know what to do.

I think you guys are right 100% and as I said earlier that I've to absorb this pain as well that's all I can say. I am mentally prepared for that.

Many thanks for your useful replies.

Smam
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Post by Smam » Thu Jan 24, 2013 1:52 am

Hi

The other thing I would like to ask here is that God Forbid even if I loose it in the court after how many years can I be able to apply for my BC application is it 3 years of 5 years ?

Many thanks and waiting for your useful replies.

Smam
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Post by Smam » Wed Apr 17, 2013 4:56 pm

Hi,

I've appealed for my insurance matter in the court and I had the hearing today and the court is adjourned till the 14th October 2013.

I got my ILR on the 28th August 2012 and I'll be eligible to apply for my naturalization on or after the 29th August 2013.

Just wanted to know will it affect my application for my naturalization.

Many thanks and waiting for your reply.

Amber
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Mood:

Post by Amber » Wed Apr 17, 2013 5:04 pm

Smam wrote:Hi,

I've appealed for my insurance matter in the court and I had the hearing today and the court is adjourned till the 14th October 2013.

I got my ILR on the 28th August 2012 and I'll be eligible to apply for my naturalization on or after the 29th August 2013.

Just wanted to know will it affect my application for my naturalization.

Many thanks and waiting for your reply.
Have you been charged with an offence?
**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.

Smam
Senior Member
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Location: London

Post by Smam » Wed Apr 17, 2013 5:36 pm

Hi

Many thanks for your prompt reply to my query.

The court just asked me today if I am pleading guilty or not and I pleaded guilty but my Barrister has already wrote to the court that we have a special reason argument and the court said that that's fine and my hearing will be on the 14th of October 2013 that's all nothing much I've never ever been charged till today.

So don't know what will happen on the 14th October 2013 but can I still go a head with my application for Naturalization after the 29th of August 2013 I was just going through the form now and it didn't says any where if I've any pending cases or any thing like that and I did have spoken to my Barrister as well and she clarified me the fact that unless and until I'll get charged by the court I'm on the clear position which means no points on my license at the moment till the 14th October 2013.

Many thanks and waiting for your useful replies.

Amber
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Mood:

Post by Amber » Wed Apr 17, 2013 6:22 pm

Smam wrote:Hi

Many thanks for your prompt reply to my query.

The court just asked me today if I am pleading guilty or not and I pleaded guilty but my Barrister has already wrote to the court that we have a special reason argument and the court said that that's fine and my hearing will be on the 14th of October 2013 that's all nothing much I've never ever been charged till today.

So don't know what will happen on the 14th October 2013 but can I still go a head with my application for Naturalization after the 29th of August 2013 I was just going through the form now and it didn't says any where if I've any pending cases or any thing like that and I did have spoken to my Barrister as well and she clarified me the fact that unless and until I'll get charged by the court I'm on the clear position which means no points on my license at the moment till the 14th October 2013.

Many thanks and waiting for your useful replies.
Being charged means being charged by the CPS on suspicion of committing an offence.

Question 3.11 asks if you've been charged and awaiting trial at court. If you've been charged then this woud be yes. Furthermore, see question 3.16 on form AN. What exactly was the charge? Or what exactly are you contesting at court?
**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.

Smam
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Post by Smam » Wed Apr 17, 2013 6:54 pm

Hi D4109125,

Many thanks for your extremely prompt reply. The court never ever said that I am charged today. If you been charged the verdict is being read to you clearly by the court and you'll also receive the verdict in writing from the court as well.

So that's for sure that I am not charged till today pleading guilty doesn't mean that I am being charged by court that's another process to the best of my knowledge.

Well further to that the court will listen to the reasons on the 14th October 2013 and then will decide if I am being charged with the offense or not.

Do you still think that I am being charged with the offense ?? If I've been charged the court would have said that full stop you're charged with that particular offense and there will no more hearing or trial process the court never ever said to me that I am being charged or not, the court just wanted to ask me if I am pleading guilty or not guilty that's all it was they never ever gave the final verdict they said that the court would like to listen further to my reasons by my Barrister in details on the 14th Oct 2013 that's all I've been told today.

Many thanks and waiting for your useful replies.

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