I Applied for BC but got caught for speeding!!

koch92 · Post by **koch92** » Wed Apr 02, 2014 12:09 am

Hi everyone,

I just sent off my application last week, however, last night I got caught for speeding and the police told me that I will have to go to court!! I was doing 110mph in 70mph limit on motorway ( I have a 3 year clear license) . I'm really worried now. (It was a very stupid mistake for a very stupid reason). I would really appreciate your help, plus any advice on what to do now?

Amber · Post by **Amber** » Wed Apr 02, 2014 5:48 am

You'll have to inform the Home Office of the impending prosecution. I'd cancel the card you used to submit your application to stop them taking payment as you'll likely be refused.

Going at that speed you'll likely be banned.

koch92 · Post by **koch92** » Wed Apr 02, 2014 7:40 am

I have found that it will take you very long until you revive your summon, as I'm not prosecuted yet - do I still have to let them know?

Bash1oo · Post by **Bash1oo** » Wed Apr 02, 2014 8:14 am

Strictly my personal view - I would take my chances and not inform HO particular if it is likely i get the naturalisation feedback within 6-8 weeks.
If you are lucky, you would get your reponse within the next 3-5 weeks.

shahid2000 · Post by **shahid2000** » Wed Apr 02, 2014 9:55 am

Bash1oo wrote:Strictly my personal view - I would take my chances and not inform HO particular if it is likely i get the naturalisation feedback within 6-8 weeks.
If you are lucky, you would get your reponse within the next 3-5 weeks.

I am no expert but I would strongly advice against not informing HO. The declaration section 6 on AN1 says

............ I promise to inform the Home Secretary in writing of any
change in circumstances which may affect the accuracy of the information given whilst this application is being
considered by the Home Office..........

Also I have always found the advice given by Amber on the forum to be very very accurate. Your choice though.

On a separate account ...... going at 110 - not cool man, seriously not cool.

Amber · Post by **Amber** » Wed Apr 02, 2014 11:46 am

You must inform the Home Office if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so. It may cause your application to be placed on hold whilst your criminal case is determined. If that results in a conviction or akin (e.g. police caution) you will likely be refused and have to wait as above until you can reapply.

milan69 · Post by **milan69** » Wed Apr 02, 2014 12:28 pm

Wouldn't it be a deception if he was not to inform HO which could potentially result of citizenship being taken away?

Amber · Post by **Amber** » Wed Apr 02, 2014 2:07 pm

It could be.

runie80 · Post by **runie80** » Wed Apr 02, 2014 2:12 pm

wow another speeding post.

whats going on ? everyone sending naturalization application and off to races ?
see if you can qualify for "speed awareness course" but that option might not be available for you as

110mph in 70mph i don't think you can give an good excuse for this sort of speeding...

I would agree if you cannot get speed awareness course then you better declare that as 2 wrongs don't make a right !

Drive Slow !

You will only be offered a speed awareness course if:

You have admitted to being the driver of the vehicle at the time of the alleged offence and returned the documentation within the 28 day period calculated from the date the notice was sent to you.
No more than 12 weeks have elapsed since the date of the alleged offence.
There were no further offences committed at the time of the alleged offence.
You have not attended a speed awareness course within the 3 years prior to the current offence.
You were driving at a speed which qualifies as per the table below
Speed limit MPH Speed range MPH
30 35 - 42 inclusive
40 46 - 53 inclusive
50 57 - 64 inclusive
60 68 - 75 inclusive
70 79 - 86 inclusive
Please do not request to attend a speed awareness course if your speed does not fit the above criteria. your request will be refused.

http://www.northyorkshire.police.uk/11056

koch92 · Post by **koch92** » Thu Jul 17, 2014 1:08 pm

I applied in March, but 2 weeks ago I got a letter saying my application is rejected due to not disclosing a conviction back in 2011. Why I didn't disclose it was due to the fact a year ago I checked my CRB and it was clear, I got caught for self-defend and me and the other party were both taken to court and told us not to fight or else we get fined that's it. I thought I didn't get convicted or anything, I even asked the police back then they said nothing will be on your record...

Now I'm trying to find out of its possible to appeal against it and as shown in the letter I think I got banned for 10 years - if that's the case is it possible to appeal against that?

Here is a picture of the letter:

https://www.dropbox.com/s/kcjqygtc63t0e ... 6%2018.jpg.

Thanks guys

Wanderer · Post by **Wanderer** » Thu Jul 17, 2014 1:10 pm

Were you cautioned?

Casa · Post by **Casa** » Thu Jul 17, 2014 1:17 pm

...or bound over to keep the peace? Conditional discharge?

ouflak1 · Post by **ouflak1** » Thu Jul 17, 2014 5:06 pm

Sorry this happened. Did you ever receive any correspondence of any kind regarding the incident? When did you apply for ILR? Did you declare this on that application?

Amber · Post by **Amber** » Thu Jul 17, 2014 10:20 pm

If you were convicted its immaterial of the sentence whether that be custodial or not. You failed to declare a conviction thus a 10 year ban is appropriate.

You can't appeal but you may ask them to reconsider pleading your ignorance on form NR.

vinny · Post by **vinny** » Fri Jul 18, 2014 2:31 am

See also Non disclosure of criminal convictions.

mrsmcha · Post by **mrsmcha** » Fri Jul 18, 2014 9:58 am

koch92 wrote:I applied in March, but 2 weeks ago I got a letter saying my application is rejected due to not disclosing a conviction back in 2011. Why I didn't disclose it was due to the fact a year ago I checked my CRB and it was clear, I got caught for self-defend and me and the other party were both taken to court and told us not to fight or else we get fined that's it. I thought I didn't get convicted or anything, I even asked the police back then they said nothing will be on your record...

Now I'm trying to find out of its possible to appeal against it and as shown in the letter I think I got banned for 10 years - if that's the case is it possible to appeal against that?

Here is a picture of the letter:

https://www.dropbox.com/s/kcjqygtc63t0e ... 6%2018.jpg.

Thanks guys

Could you take a picture of the full letter please as you've cut off the sides. They said you were convicted in October 2011, so 3 years wouldn't have passed in any case.

I applied for my husband on June 7th and he has a caution from April 2011. We got a letter two weeks later saying they had received it the application.

koch92 · Post by **koch92** » Fri Jul 18, 2014 2:51 pm

ouflak1 wrote:Sorry this happened. Did you ever receive any correspondence of any kind regarding the incident? When did you apply for ILR? Did you declare this on that application?

Nope I didn't! This where I get confused. They just read a statement at the court and told not to fight or else you get fined that amount.

koch92 · Post by **koch92** » Fri Jul 18, 2014 2:53 pm

Casa wrote:...or bound over to keep the peace? Conditional discharge?

While I was in the police station, in the next morning they took us to the court straight (Because this was the second time in the week this happened between me and him) so there I tried to defend myself, but all they did was read a statement and ask for my wages, after they told if I ever do it again I will get fined that amount and that's it.

koch92 · Post by **koch92** » Fri Jul 18, 2014 2:55 pm

ouflak1 wrote:Sorry this happened. Did you ever receive any correspondence of any kind regarding the incident? When did you apply for ILR? Did you declare this on that application?

Nope I didn't, I applied in London and this happened after my application for IRL.

koch92 · Post by **koch92** » Fri Jul 18, 2014 2:58 pm

Amber wrote:If you were convicted its immaterial of the sentence whether that be custodial or not. You failed to declare a conviction thus a 10 year ban is appropriate.

You can't appeal but you may ask them to reconsider pleading your ignorance on form NR.

Understood Amber, thanks! As I mentioned I merely didn't mentioned because of the CRB check and based on what police told me back then. Anyways, now that I got the 10 year ban - is it possible to get rid of that? Plus if not, how can I get an IRL passport - as part of my uni degree I have to travel a lot, but with my current passport that will be really hard for me!

royh · Post by **royh** » Fri Jul 18, 2014 6:06 pm

Sorry I can't help but I'm just curious, was it a Standard police check or the extended Police check?

I just find it weird how a conviction won't show up. Also don't trust what some random cop says "yea It'll be alright. . ."/

Amber · Post by **Amber** » Fri Jul 18, 2014 11:04 pm

You need to firstly contact the court on Monday and ask whether you were convicted, if so, what was the conviction and what date it was handed down, that's the first step.

koch92 · Post by **koch92** » Mon Aug 04, 2014 11:03 am

We have contacted the court and they said yes I was convicted! But it was put down last year. Not sure as my dad phoned them and I wasn't there but that's what he said.

Amber · Post by **Amber** » Mon Aug 04, 2014 1:15 pm

What was the sentence?

koch92 · Post by **koch92** » Mon Aug 04, 2014 11:39 pm

I'm assuming it was just a caution, as I remember both parties got courted, and they warned us not to fight again otherwise we will be fined an amount of money. The saddest thing about this is I was the one who got attacked and now I'm paying for it, and this man got my little brother and father in trouble as well. Anyways, my dad has spoken to a solicitor today and apparently we have made a big mistake by not stating that on the application, also the CRB check I done was for Scotland only -_- ...

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I Applied for BC but got caught for speeding!!

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