soapdrop wrote:Hi,
I would really really appreciate help on this issue. Any input or advice is welcome so here is my story;
I applied to be naturalized as a British Citizen in September 2012 and my application was refused due to a fine I received for driving without insurance 4 years ago. In their own words "the conviction has not been spent under the ROA 1974". I decided to have the decision reconsidered in Novemeber 2012 as I believe this offense doesn't constitute as part of the act since there was no record of the offense onCRB checks nor a subject access record from the police. I have not received a decision yet regarding the reconsideration.
In the light of the new rules, I will like to know if I can put in a new application?. Also, will my new application be successful with the new rules?
A summary of my offenses below, some which were not stated on my initial application as they are already spent under the old rules.
1. Speeding, court fine, convicted 2008
2. Driving without insurance, fine, Feb 2009
3. Caution for false information to gain insurance, September, 2009.
Thanks everybody for taking time to read and welcome your comments.
Your application was correctly refused as fines needed 5 years to be spent under ROA 1974. Who told you that your conviction for the offence was not part of the ROA 1974. Every conviction, and I mean every single conviction, no matter how trivial formed part of ROA 1974. Conviction not appearing on CRB, or not being recorded on police computers has nothing to do with ROA 1974. Only offences regarded as "recordable offences" are recorded on PNC. But having a "non recordable offence" does not mean that conviction did not take place. To cut the long stroy short, once again, your application was correctly refused, and there is nothing you can do about it.
ROA 1974 spent periods have now been changed. But for immigrants the story is different. The new law is, that for immigration purposes, no conviction will ever be regarded as spent. Home office is totally free to act outside the new act. Home office has published their new guidance on "clear periods" after the conviction.
Also keep in mind, that all other previous convictions must now be disclosed on immigration and nationality applications, including the ones that have been spent under old ROA 1974.
For you, the only headache will be your last conviction which you have mentioned. There is no clear quidelines from UKBA about how they would treat this kind of conviction ie how much clear period do they require after conviction.