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I Made a huge mistake on my application and it was rejected!

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

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

bridgeman40
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Post by bridgeman40 » Wed Dec 18, 2013 2:34 am

i did not use deception i am a law abiding citizen, i just never thought a simple driving offence could result in your case being turned down, if this was the case I would have saved my money and simply waited to apply. and you being banned for 10 years. is there some way the 10 year ban can be appealed as i am simply willing to wait for the conviction to be spent etc.

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Amber
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Post by Amber » Wed Dec 18, 2013 6:03 am

What month in 2010 were you convicted? When exactly did you apply for naturalisation?
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TTOE
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Post by TTOE » Wed Dec 18, 2013 9:37 am

When in 2010 i.e. date and month?
Definitely not a Fixed Penalty N, is it?
What date was your application received by the home office?

These questions are to enable the forum make sense of the post. Thanks


10 yrs wait is not the end of the world, there are so many things to do to fill the 10 yrs gap.

One advise from me: Do a proper research/seek for a good solicitor to take on the HO. Difficult thing to do but hey its worth giving it your best shot, that should keep you occupy for some time. Learn to enjoy and engage yourself during those potential period of sleepless nights. Pray hard and believe!

All the best mate!

8.3 Failure to Disclose Convictions
Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.

In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.

Heisgood
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Post by Heisgood » Wed Dec 18, 2013 6:13 pm

TTOE wrote:When in 2010 i.e. date and month?
Definitely not a Fixed Penalty N, is it?
What date was your application received by the home office?

These questions are to enable the forum make sense of the post. Thanks


10 yrs wait is not the end of the world, there are so many things to do to fill the 10 yrs gap.

One advise from me: Do a proper research/seek for a good solicitor to take on the HO. Difficult thing to do but hey its worth giving it your best shot, that should keep you occupy for some time. Learn to enjoy and engage yourself during those potential period of sleepless nights. Pray hard and believe!

All the best mate!

8.3 Failure to Disclose Convictions
Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.

In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
"10 yrs wait is not the end of the world" - For sure it's not but can you imagine what the requirements will be in 10yrs? This is so sad as someone who had the same court fine while on international licences 6yrs ago I didn’t know this was considered a conviction until doing some added research including exchanges with Amber on this forum before applying.

bridgeman40 Upsetting as this is it already happen. You need to decide what is next. If your conviction was due to be spent soon then maybe asking for leniency and stating this was a genuine error on your part. Get a good legal expert /lawyer/solicitor/barrister and pray for mercy. Even if it’s just to get the 10yr ban for deception overturn it would have worth the effort.

Amber , is it worth you placing a note on the good character thread stating that guilty pleas whether fines/charges/points issued by the court (whether in person at court or via post) while on international licenses is a conviction in the UK and must be declared? This is a very serious warning to some who think they can avoid declaring convictions. :(
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |

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Amber
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Post by Amber » Wed Dec 18, 2013 6:36 pm

I have added a line on Q3.
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Heisgood
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Post by Heisgood » Wed Dec 18, 2013 6:51 pm

Amber_ wrote:I have added a line on Q3.
Ok good stuff. Thanks Amber.
“O give thanks unto the LORD; for He is good:” - He helped me conquered Everest (BC)
The long hard slog also call the immigration journey => | WHV | WPermit | ILR | BC | Passport |

MattSule
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Post by MattSule » Wed Dec 18, 2013 7:27 pm

It's now well known that all driving convictions must be declared.

But would the HO have ignored an UNDECLARED driving conviction if it happened more than 3 years before application?

TTOE
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Post by TTOE » Wed Dec 18, 2013 8:38 pm

That's the bit that really needs to be clarified but hey I believe such can be challenged!

20shamat
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Post by 20shamat » Wed Dec 18, 2013 10:56 pm

MattSule wrote:It's now well known that all driving convictions must be declared.

But would the HO have ignored an UNDECLARED driving conviction if it happened more than 3 years before application?

Hi Guys,
This is making me nervous too, recently ie last month I was issued with a Penalty Charge Notice(PCN) for parking my car on the footway parking due to punctured tyre. I pointed this immediatley to the officer who was still present next to the car and he recorded the details within his device about the puncture tyre and he adviced me to appeal as per the rules. I'm awaiting response from the council for my appeal which normally takes 28 days. ie 28/12/2013.
I'm due to apply for my naturalisation on 20th Jan 2014. Do you reckon I should mention in my application about the PCN irrespective of the outcome of my appeal?

Smam
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Post by Smam » Thu Dec 19, 2013 1:15 am

Hi,

I think that's a bit too harsh on bridgeman40 to get a 10 years ban.

I would say take the HO to the court after that you didn't hide or use deception at all mate.

bridgeman40
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Post by bridgeman40 » Thu Dec 19, 2013 1:50 am

Amber_ wrote:What month in 2010 were you convicted? When exactly did you apply for naturalisation?
hey i was convicted in June 2010 and i applied for naturalisation December 2012 but it took them ageeees to get back to me

MattSule
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Post by MattSule » Thu Dec 19, 2013 1:58 am

By the time of your application your driving conviction was 2.5 years. I am aware that the rules were changed in December 2012. Under the old rule (ROA) you would have had to wait 5yrs and under the new rule its 3yrs. In my view the caseworker was harsh.
I will advise you to get a very good solicitor and take the HO to court at least to get the 10yrs ban lifted.

The argument will be that "would your application have been refused if you declared the conviction?"

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Amber
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Post by Amber » Thu Dec 19, 2013 2:44 am

As the application was rightly refused, 3(5) years had not lapsed this could arguably amount to deception. If for example, you had something on your mind, a lot of stress and worry, it may be worth asking for a reconsideration stating it was an innocent slip of mind and you didn't think minor traffic offences amounted to a conviction. A statement from you and someone proving your good character, a lack of further convictions, declaring, clearly the conviction and meeting all the other requirements may be enough for the application to succeed. A reconsideration will cost £80.
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MattSule
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Post by MattSule » Thu Dec 19, 2013 2:50 am

Amber,
I agree that the application was rightly refused but if that was the only issue(flaw) on his application the caseworker should have used his/her discretion.

Brigdeman40, you may apply for a reconsideration...

TTOE
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Post by TTOE » Thu Dec 19, 2013 3:13 am

20shamat wrote:
MattSule wrote:It's now well known that all driving convictions must be declared.

But would the HO have ignored an UNDECLARED driving conviction if it happened more than 3 years before application?

Hi Guys,
This is making me nervous too, recently ie last month I was issued with a Penalty Charge Notice(PCN) for parking my car on the footway parking due to punctured tyre. I pointed this immediatley to the officer who was still present next to the car and he recorded the details within his device about the puncture tyre and he adviced me to appeal as per the rules. I'm awaiting response from the council for my appeal which normally takes 28 days. ie 28/12/2013.
I'm due to apply for my naturalisation on 20th Jan 2014. Do you reckon I should mention in my application about the PCN irrespective of the outcome of my appeal?
Irrespective of the outcome you don't have to declare a PCN except if a court gets involved. My thought. Let Amber please confirm this.

Amber what's your advise as per PCN?

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Amber
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Post by Amber » Thu Dec 19, 2013 7:09 am

A PCN need not be declared.
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TTOE
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Post by TTOE » Thu Dec 19, 2013 8:20 am

Amber_ wrote:A PCN need not be declared.
Thanks mate!

20shamat
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Post by 20shamat » Sat Dec 21, 2013 9:44 am

TTOE wrote:
Amber_ wrote:A PCN need not be declared.
Thanks mate!


TTOE & Amber,

Guys thanks a lot for your advice, cant explain the how relaxed I'm at this moment.

mycanal1
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Post by mycanal1 » Sat Dec 21, 2013 5:24 pm

I think it is very serious charges of deception, therefore consult few competent lawyers, for free or low cost advice, and see what they advise you. I think, most will say to re-consider or like Amber say, fight the deception charges. 10 Year=Decade is a long time and these days laws r becoming more tougher every months, who knows what would be after 10 year. and Please keep us updated.
bridgeman40 wrote:
Amber_ wrote:bridgeman40 when was the date of the driving conviction?
hey amber the conviction was in 2010 and it was for driving with a provisional license, which i received 3 points for, the case actually went straight to court,. its my fault for rushing the application, i simply thought driving offences were not included in good character.

bridgeman40
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Re: I Made a huge mistake on my application and it was rejec

Post by bridgeman40 » Mon Jan 06, 2014 10:35 am

i understand the rules fully now and thanks everyone for your advise. I think i will simply try get the 10 year ban overturned. is this even possible though is what im wondering??

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