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Driving with no Insurance and apply for 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

rali14043
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Re: Driving with no Insurance and apply for Naturalization

Post by rali14043 » Mon Dec 30, 2013 12:58 pm

Hi

I am got my nationalization due in February and recently I have got fixed penalty of 300 and 6 point for driving without insurance. Tis happened because I had comprehensive insurance on another car and I got to know from someone that If you have a comprehensive insurance then you can drive other vehicle however I did not knew that that other vehicle needs to be insured as well. However I just want to find out that if I apply for Naturalization shall I apply through the Nationality checking service and a solicitor to make sure that the application gets approved.

Amber
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Re: Driving with no Insurance and apply for Naturalization

Post by Amber » Mon Dec 30, 2013 2:23 pm

I gather the fine was imposed by the courts? If so, you'll have to wait 3 years (possibly 2) since the date of conviction.
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rali14043
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Re: Driving with no Insurance and apply for Naturalization

Post by rali14043 » Thu Jan 02, 2014 11:55 am

No the fine was not imposed my court. Iwas driving and caught by the police. they took my details and handed over the penalty to me. THey asked me to submit my Driving licence and counter part to the nearest police station so the point can be endorsed on my counter part. which I have done. I have also paid the penalty. I did not go to the court. I am not sure if this would be considered as a fixed penalty as according to UKBA a single fixed penalty is not a serious offence.

Please let me know

Thanks

rali14043
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Re: Driving with no Insurance and apply for Naturalization

Post by rali14043 » Thu Jan 02, 2014 12:04 pm

Hi Amber

Thnaks for reply to my post. I would be grateful if you can share the details of any solicitor which is useful to take forward my case or would you recommend that I can apply by myself. I am happy to give my email address if that's helpful.

Thanks

Amber
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Re: Driving with no Insurance and apply for Naturalization

Post by Amber » Thu Jan 02, 2014 12:58 pm

Apply by yourself, with the use of the NCS, if you only have one FPN.
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rali14043
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Re: Driving with no Insurance and apply for Naturalization

Post by rali14043 » Fri Jan 03, 2014 11:52 am

I send an email to UKBA helpdesk to findout about this issue and they have responded with a generic email with the following

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either.

We would not normally take Fixed Penalty Notices into account, unless you have had more than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying.

missnorush
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Re: Driving with no Insurance and apply for Naturalization

Post by missnorush » Tue Jan 14, 2014 4:24 pm

Thanks to this wonderful forum, I have now found out some extremely vital information in relation to non-insurance fines and so wish to share my situation in the hope it helps and informs others. I will try to keep things as factual as possible, and will update as my citizenship application progresses (fingers crossed to a successful result).

October 2013 - Found out I have an outstanding fine for driving with non-insurance, this fine is from June 2012. I was not stopped by the Police, this is an automated DVLA fine, and the DVLA sent all the correspondence to an old address. After much investigation on my part I found out that my insurance company had cancelled - an administration error - my fully paid up front 12 month insurance policy. They are accepting full responsibility/liability.

November 2013 - Applied for my citizenship and declared a statement that I had an outstanding non-insurance matter with the DVLA, which my insurance company is accepting full liability for. As I only had limited facts at that stage and no supporting documentation, this was the only information I was able to supply/declare.

Until reading this particular forum by chance approx a week ago, I had no idea a non-insurance fine could jeopardise the good character component of my citizenship application. My heart nearly stopped when I read the previous posts on this forum - but I very thankful I did as the following is now what's happening.

January 2014 - I have engaged a specialist motoring solicitor to represent my case in the Magistrates Court to get my name cleared. Unfortunately I now know I was convicted of a 'motoring offence' in my absence, as I did not attend a court hearing at the Magistrates Court. This was due to all correspondence was being sent to an old address. I have been advised by my solicitor my case is not classed as a criminal offence, only a motoring offence and won't show up on a criminal record check.

I have also spoken to an immigration solicitor, who stated that because I declared what I knew about the fine in my application, I have saved myself from being automatically declined citizenship by deception. BIG relief! However, as a 'driving with non-insurance' fine is "most likely to cause a citizenship application to be declined" (solicitors words), it would be the best thing to write to the HO and politely ask for my application to be put on hold, pending the outcome of the matter with the Magistrates Court. I will be doing this once I receive my fees confirmation letter, hopefully by the end of this week.

I really hope no-one else is in a similar situation, as it's extremely stressful and frustrating, but if you are and need some advice I'm happy to do my best to help. Although, first off I would say seek professional legal advice as soon as possible, UK citizenship is a complex and confusing process and correct advice/information is absolutely vital.

navalaviator
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Re: Driving with no Insurance and apply for Naturalization

Post by navalaviator » Wed Jan 15, 2014 5:00 am

missnorush wrote:UK citizenship is a complex and confusing process and correct advice/information is absolutely vital.
It is certainly a confusing process and becomes even more complicated when you apply and you are not aware of the rules and requirements particularly the good character requirement.

If your application is straight forward i.e. NO criminal record, no driving offences, no civil offences and nothing pending then it is one of the easiest and most simple application during any migrant's immigration journey but again the lack of knowledge of rules makes it the most confusing and the hardest of all other immigration applications :wink:
Which is it of the favors of your lord that ye deny.

mihird
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Re: Driving with no Insurance and apply for Naturalization

Post by mihird » Mon Feb 10, 2014 5:15 pm

Hi,

I have a similar query.

I had a Driving with insurance conviction in August 2010. The offence took Place in March 2010. I had challenged it in court because i thought the Insurance company was at fault (On the cover letter of my policy they had mentioned 12 month policy, but inside the policy it was written 9 months in small print). However, while the court said it wasnt intentional, still the final responsibility lies with me. So i was given a 6 points and £ 200 penalty.

I had applied for my ILR in Dec 2012, and i had mentioned the details on this conviction along with the background. I got my ILR without any questions asked.

Now i am considering applying for Naturalisation, and wanted to seek advise. I read at places that the conviction needs to be spent and it takes 5 years, and before that there is no chance to get the Naturalisation. Can someone please advise , specially if anyone has had a similar care?

Thanks a lot.

mihird
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Joined: Tue Aug 17, 2010 3:32 pm

Re: Driving with no Insurance and apply for Naturalization

Post by mihird » Thu Feb 13, 2014 4:01 pm

Hi, Can someone please advise ?

Hi,

I have a similar query.

I had a Driving with insurance conviction in August 2010. The offence took Place in March 2010. I had challenged it in court because i thought the Insurance company was at fault (On the cover letter of my policy they had mentioned 12 month policy, but inside the policy it was written 9 months in small print). However, while the court said it wasnt intentional, still the final responsibility lies with me. So i was given a 6 points and £ 200 penalty.

I had applied for my ILR in Dec 2012, and i had mentioned the details on this conviction along with the background. I got my ILR without any questions asked.

Now i am considering applying for Naturalisation, and wanted to seek advise. I read at places that the conviction needs to be spent and it takes 5 years, and before that there is no chance to get the Naturalisation. Can someone please advise , specially if anyone has had a similar care?

Thanks a lot.

missnorush
Newly Registered
Posts: 10
Joined: Tue Dec 17, 2013 2:19 pm

Re: Driving with no Insurance and apply for Naturalization

Post by missnorush » Wed May 14, 2014 9:28 am

Hi Mihird,

I've just seen your post and wanted to respond even though some time has passed.

As I personally gained so much clarification and in the end a successful outcome (my citizenship application was approved even though the Magistrates court decision was still pending) from seeking legal advice, I would recommend contacting an immigration solicitor and seeking their advice. An initial consultation should only cost you a few hundred pounds (!), but it means you will receive the exact immigration facts to allow you to move forward with the correct knowledge of your situation. I am happy to recommend the immigration specialist in London that helped to secure me a successful outcome if you want to send me a message.

However, my knowledge (from the immigration solicitor mentioned above) is that this type of offence is no longer on your record 3 years after the offence, so given it happened in 2010 and we're now in 2014 so long as you still disclose (although technically you no longer need to) what happen on your Naturalisation forms you should be ok. However, to get the absolute answer I would contact a solicitor as mentioned above.

I hope the above helps your situation, good luck with your application.

able123
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Posts: 2
Joined: Thu Nov 30, 2017 6:42 pm

Re: Driving with no Insurance and apply for Naturalization

Post by able123 » Thu Nov 30, 2017 8:22 pm

missnorush wrote:
Tue Jan 14, 2014 4:24 pm
Thanks to this wonderful forum, I have now found out some extremely vital information in relation to non-insurance fines and so wish to share my situation in the hope it helps and informs others. I will try to keep things as factual as possible, and will update as my citizenship application progresses (fingers crossed to a successful result).

October 2013 - Found out I have an outstanding fine for driving with non-insurance, this fine is from June 2012. I was not stopped by the Police, this is an automated DVLA fine, and the DVLA sent all the correspondence to an old address. After much investigation on my part I found out that my insurance company had cancelled - an administration error - my fully paid up front 12 month insurance policy. They are accepting full responsibility/liability.

November 2013 - Applied for my citizenship and declared a statement that I had an outstanding non-insurance matter with the DVLA, which my insurance company is accepting full liability for. As I only had limited facts at that stage and no supporting documentation, this was the only information I was able to supply/declare.

Until reading this particular forum by chance approx a week ago, I had no idea a non-insurance fine could jeopardise the good character component of my citizenship application. My heart nearly stopped when I read the previous posts on this forum - but I very thankful I did as the following is now what's happening.

January 2014 - I have engaged a specialist motoring solicitor to represent my case in the Magistrates Court to get my name cleared. Unfortunately I now know I was convicted of a 'motoring offence' in my absence, as I did not attend a court hearing at the Magistrates Court. This was due to all correspondence was being sent to an old address. I have been advised by my solicitor my case is not classed as a criminal offence, only a motoring offence and won't show up on a criminal record check.

I have also spoken to an immigration solicitor, who stated that because I declared what I knew about the fine in my application, I have saved myself from being automatically declined citizenship by deception. BIG relief! However, as a 'driving with non-insurance' fine is "most likely to cause a citizenship application to be declined" (solicitors words), it would be the best thing to write to the HO and politely ask for my application to be put on hold, pending the outcome of the matter with the Magistrates Court. I will be doing this once I receive my fees confirmation letter, hopefully by the end of this week.

I really hope no-one else is in a similar situation, as it's extremely stressful and frustrating, but if you are and need some advice I'm happy to do my best to help. Although, first off I would say seek professional legal advice as soon as possible, UK citizenship is a complex and confusing process and correct advice/information is absolutely vital.
I please advise, I had ilr in 2013 and mid year got convicted driving with insurance- will my citizenship be automatically refused?

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