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Citizenship Application Refused - Adv Pls

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

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gkskumar12
Newbie
Posts: 47
Joined: Mon Aug 23, 2010 8:14 pm

Citizenship Application Refused - Adv Pls

Post by gkskumar12 » Tue Jan 17, 2012 7:21 am

My Citizenship application has been refused.

I have received a FPN in 2009, which i failed to pay and the matter went to court (Speeding 40 in 30 MPH).I pleaded guilty by post and the court issued a fine of 180 pounds and 3 points in my license.

In my BC application i have mentioned my circumstances and requested for an exception.

My BC refusal says, You were convicted in court and this will not be spent till next 5 yrs, as your conviction is not one that we would normally disregard, nor we find grounds to disregard it exceptionally outside our published policy we cannot be satisfied that good character requirement is met.The application has therefor been refused.

I am given the option to appeal.

So can i pls request for all members help , what is the best way to put my appeal application.
Please help me with what to write in my appeal.
In Case workers guidance the below info is given

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 (see paragraph 3.2.3).

Please can some advise me on what to write .

Your help is much appreciated .
Thank you.

PG1983
Member
Posts: 139
Joined: Mon Sep 06, 2010 4:39 pm

Post by PG1983 » Tue Jan 17, 2012 11:17 am

From your post, it does appear that you have shown good character apart from that FPN. Did you explain fully in the application the reason behind not paying the FPN in time and the matter having to go to court? If not, then you may like to do so in your appeal. I don't know if character statements from reputable members of local community (MP, member of local council, religuous minister etc.) would help? Have you consulted an immigration specailist solicitor?

friendinneed
Member
Posts: 189
Joined: Sat Oct 02, 2010 11:08 am

Post by friendinneed » Tue Jan 17, 2012 11:38 am

On what grounds are you wanting to appeal? You had a FPN which because you didn't pay you received a subsequent conviction for.

What exceptional circumstances were there that resulted in you failing to pay the FPN?

damidamz
Newly Registered
Posts: 9
Joined: Tue Jan 17, 2012 5:36 pm

Post by damidamz » Tue Jan 17, 2012 6:28 pm

sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine

vegeta_2009
Member
Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Post by vegeta_2009 » Tue Jan 17, 2012 6:37 pm

how long have you been here? if you have been in the UK lets say 9 years and you only had one minor offence then i think you have a good chance at appealing.

i think it must have looked bad because you didnt pay at the time and not promptly , otherwise they would have ignored.

dont lose hope, get advice from a solicitor for an alternative opinion.

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

Post by addh » Thu Jan 19, 2012 11:21 am

since u did not pay in time, that is a criminal conviction...

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

Post by addh » Thu Jan 19, 2012 11:22 am

damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
ur case might be different. If u paid in time, than the FPN is not a criminal conviction and u never needed to mention that one

Lennuci
Newly Registered
Posts: 2
Joined: Fri Jun 15, 2012 12:10 pm

Post by Lennuci » Sat Jun 16, 2012 7:35 pm

damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
Was yours approved before or after april 2011?

Lennuci
Newly Registered
Posts: 2
Joined: Fri Jun 15, 2012 12:10 pm

Post by Lennuci » Sun Jun 17, 2012 4:04 am

damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
Was yours approved before or after april 2011?

gkskumar12
Newbie
Posts: 47
Joined: Mon Aug 23, 2010 8:14 pm

Can I reapply

Post by gkskumar12 » Sat Sep 29, 2012 10:49 am

Hi
My CRB Chk says I have no convictions,can I reapply for naturalisation again, although my rejection letter says I should apply after 2015.
Pls. Advise
How do they Chk criminal convictions,I did enhanced CRB Chk and it says no convictions!!!!!!

Pls advise my options as I can't wait till 2015.

Thanks

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