ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Citizenship and Traffic offence

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

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

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Citizenship and Traffic offence

Post by friend12345 » Wed Mar 07, 2012 10:16 pm

Hi everyone,

I am in a very confusing situation at the moment, I got my ILR on 28 Feb 2011 and now I want to apply for BC, I went to to the local council because I want to use NCS for my application and the woman there told me that as I had traffic offence in July 2008 for driving on International licence ( LC 20 ), I need to wait till the conviction is spent which is july 2013, now the confusion is when I went to PEO for ILR, the case worker said the same thing as I declared it on my application and also mentioned that all endorsements are removed from my licence, he asked if I went to the court, I said I dont remember then he said that they will do their checks and if anything pops up then they will not take my ILR application and then I will have to apply for FLR ( M ) extension till the conviction is spent.
He asked me to wait 10-15 mins till they do their checks, the after 10 mins he called me again and said we have done our checks and everything is fine, we are going to process your application. And after an hour I got my passport with ILR stamped on it.

Now my questions are:

1: Should I declare that offence in the AN form? as CW at PEO said everything is clear.
2: If I do declare it on the application form are they going to refuse my application saying I have an unspent conviction, I dont even know if it is a conviction or not as all International licence cases are dealt by the court anyway.
I read following on the HO website too:

3.1.2 Caseworkers should normally refuse an individual who has
an unspent conviction, however there is discretion to
overlook some minor one-off offences. Please see criteria
in paragraphs 3.2.2 – 3.2.4 for further details.
3.2.2 Where the applicant is of good character in all other
respects caseworkers should normally be prepared to
overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these
fines are not classed as convictions and as such do
not attract a spent period
3.2.5 Caseworkers should not normally disregard any unspent
conviction that falls into the following categories
irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (e.g. theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – e.g.
drink-driving, excessive speeding, driving without
tax/insurance or whilst using a mobile phone. (NB
Caseworkers should remember that fixed penalty
notices do not constitute offences – see 3.2.2.e
above).
f. Offences involving a serious deliberate criminal act
that do not fit into points a) to d) above e.g. arson.

Any help will be greatly appreciated.

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Citizenship and Traffic offence

Post by Smallfamily » Thu Mar 08, 2012 7:29 pm

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 :shock:

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Re: Citizenship and Traffic offence

Post by friend12345 » Thu Mar 08, 2012 8:49 pm

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 :shock:
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.

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Citizenship and Traffic offence

Post by Smallfamily » Thu Mar 08, 2012 9:01 pm

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 :shock:
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.

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Re: Citizenship and Traffic offence

Post by friend12345 » Thu Mar 08, 2012 9:06 pm

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.[/quote]
Well obviously they did all their checks before granting ILR, don't think they tossed a coin, heads for NO and tails for Yes

ayshab
Newly Registered
Posts: 5
Joined: Thu Mar 08, 2012 8:59 pm

whether to apply for citizenship or not,

Post by ayshab » Thu Mar 08, 2012 9:25 pm

hi
Im in a bit of dilemma .wonder if anyone can help me.

I got an ILR in April 2009 and i had a traffic offence in august 2008 and was convicted in court in jan 2009( in my absenceas i sent a GP letter that i cant travel), an IN 10 n 6 points on my license. I declared it when i applied for my ILR and got it stamped without any problem. Now because im long due to apply for my naturalization, i hear diferentf stories that i shud wait till my conviction is spent i-e till jan 2013 or that i can apply as i got the ILR with an IN10 on my profile.

Ive let me whole family apply for naturalization and they have got their passports now.

my question is:-

ill be now applying under a spouse of british national. what chances do i have to get it ? or

shud i wait till 2013 after spending my conviction?

MAny thanks

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Citizenship and Traffic offence

Post by Smallfamily » Thu Mar 08, 2012 9:31 pm

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 :evil: Well if u are confident then why asking :?:
Last edited by Smallfamily on Thu Mar 08, 2012 9:33 pm, edited 1 time in total.

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: whether to apply for citizenship or not,

Post by Smallfamily » Thu Mar 08, 2012 9:33 pm

ayshab wrote:hi
Im in a bit of dilemma .wonder if anyone can help me.

I got an ILR in April 2009 and i had a traffic offence in august 2008 and was convicted in court in jan 2009( in my absenceas i sent a GP letter that i cant travel), an IN 10 n 6 points on my license. I declared it when i applied for my ILR and got it stamped without any problem. Now because im long due to apply for my naturalization, i hear diferentf stories that i shud wait till my conviction is spent i-e till jan 2013 or that i can apply as i got the ILR with an IN10 on my profile.

Ive let me whole family apply for naturalization and they have got their passports now.

my question is:-

ill be now applying under a spouse of british national. what chances do i have to get it ? or

shud i wait till 2013 after spending my conviction?

MAny thanks
It wont make any difference even you apply under a spouse of british national. I'm afraid you have to wait until ur conviction is spent. Thanks

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Re: Citizenship and Traffic offence

Post by friend12345 » Thu Mar 08, 2012 9:40 pm

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 :evil: Well if u are confident then why asking :?:
Sorry Smallfamily no offence I wasnt unsure that is why I asked but this time and last time when I asked same question before applying for my ILR you were first to comment on my post UNFORTUNATELY, I am sorry to say but I have noticed one thing that you try to discourage people instead of encouraging them.
Good Luck

Smallfamily
Member
Posts: 235
Joined: Tue Nov 09, 2010 11:31 am

Re: Citizenship and Traffic offence

Post by Smallfamily » Thu Mar 08, 2012 9:52 pm

friend12345 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 :evil: Well if u are confident then why asking :?:
Sorry Smallfamily no offence I wasnt unsure that is why I asked but this time and last time when I asked same question before applying for my ILR you were first to comment on my post UNFORTUNATELY, I am sorry to say but I have noticed one thing that you try to discourage people instead of encouraging them.
Good Luck
I always tell what is truth but u know what some people can't take the truth! and you are one of them...simple is that...

For ur kind information in ur last thread it wasn't only me who said you have to wait until ur conviction spent! If you think i'm discouraging you then why are you listening me mate ... there is no point to argue with me :evil:

oshoo15
Newly Registered
Posts: 14
Joined: Sun Jun 07, 2009 4:49 am

Post by oshoo15 » Fri Mar 09, 2012 3:30 am

friend12345

See criminality requirement for settlement below. (6 Apr 2011 onwards)

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

I believe you applied for ILR before 6 Apr 2011, and your success wasn't an error! However, unspent convictions has always been RELEVANT for BC.
I do agree with Smallfamily.
Only sharing my understanding, nevertheless, you will have to decide what you do. You may be willing to gamble naturalisation fee.

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Fri Mar 09, 2012 10:41 am

oshoo15 wrote:friend12345

See criminality requirement for settlement below. (6 Apr 2011 onwards)

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

I believe you applied for ILR before 6 Apr 2011, and your success wasn't an error! However, unspent convictions has always been RELEVANT for BC.
I do agree with Smallfamily.
Only sharing my understanding, nevertheless, you will have to decide what you do. You may be willing to gamble naturalisation fee.
I applied in person at Glasgow PEO on 28 Feb 2012, what I am saying is my offence is probably not considered as conviction OR the level of conviction is not as serious to be considered. As the CW said everything is fine after doing all his checks.

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Fri Mar 09, 2012 10:44 am

friend12345 wrote:
oshoo15 wrote:friend12345

See criminality requirement for settlement below. (6 Apr 2011 onwards)

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

I believe you applied for ILR before 6 Apr 2011, and your success wasn't an error! However, unspent convictions has always been RELEVANT for BC.
I do agree with Smallfamily.
Only sharing my understanding, nevertheless, you will have to decide what you do. You may be willing to gamble naturalisation fee.
I applied in person at Glasgow PEO on 28 Feb 2012, what I am saying is my offence is probably not considered as conviction OR the level of conviction is not as serious to be considered. As the CW said everything is fine after doing all his checks.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
see section 3, I assume this offence was probably ignorable.

londonfemale
Newly Registered
Posts: 18
Joined: Wed Aug 25, 2010 3:14 pm

Post by londonfemale » Fri Mar 09, 2012 12:27 pm

Could you tell us how much fine and points were given?

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Fri Mar 09, 2012 3:12 pm

londonfemale wrote:Could you tell us how much fine and points were given?
No fine just 3 points and £30 court fee as all.international licences are dealt by court.

addh
- thin ice -
Posts: 114
Joined: Sun Jun 05, 2011 5:34 pm

Post by addh » Fri Mar 09, 2012 3:18 pm

friend12345 wrote:
londonfemale wrote:Could you tell us how much fine and points were given?
No fine just 3 points and £30 court fee as all.international licences are dealt by court.
than that is surely a conviction... i think u got lucky

londonfemale
Newly Registered
Posts: 18
Joined: Wed Aug 25, 2010 3:14 pm

Post by londonfemale » Fri Mar 09, 2012 4:41 pm

@friend12345
I think you will be fine .We applied with 3 points and £60 fine issued in court and got approval in just under 5 weeks time back in january.We were advised by NCS that they don't think he will be refused for such a small conviction and they think we should go ahead with the application but still leaft the decision on us. So, we applied through Ncs and I think you should do the same if you don't want to wait and not much worried about money.Try another Ncs services they might be ok to forward your application.

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Post by friend12345 » Fri Mar 09, 2012 4:53 pm

londonfemale wrote:@friend12345
I think you will be fine .We applied with 3 points and £60 fine issued in court and got approval in just under 5 weeks time back in january.We were advised by NCS that they don't think he will be refused for such a small conviction and they think we should go ahead with the application but still leaft the decision on us. So, we applied through Ncs and I think you should do the same if you don't want to wait and not much worried about money.Try another Ncs services they might be ok to forward your application.
Hi Londonfemale, thanks for encouragement hunnie I have sent the application my ownself yesterday they got it today lol fingers crossed now didnt really bother with NCS as the closest one from my home is 20 miles and I didnt need my passport next few months anyway, hope all goes well.
Good Luck everyone. :)

ayshab
Newly Registered
Posts: 5
Joined: Thu Mar 08, 2012 8:59 pm

Re: Citizenship and Traffic offence

Post by ayshab » Mon Mar 12, 2012 9:16 pm

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 :evil: 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.

friend12345
Member
Posts: 128
Joined: Thu Jan 12, 2012 10:39 am
Location: Newcastle upon Tyne

Re: Citizenship and Traffic offence

Post by friend12345 » Mon Mar 12, 2012 10:03 pm

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 :evil: 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?

Locked
cron