Good Character

My wife going to apply for Naturalization she was driving without licence and insurance and some made a complaint next day police knocked the door and my wife accepted it that she was driving. Police officer took her statement and said to her that he will pass the information to the court and she will receive the out come by post (officer didn't give her any ref. number but took her details). This happened in sept '13.She still hasn't received any letter from court

1- Does she have to declare this in her naturalization application.?

2- She got ILR last year and she did the life in UK test last year and now completed her B1 as well (pass) but still waiting for certificate. Can she still apply using NCS using the letter given by trinity college confirming she pass B1?

Was your spouse was arrested for the offence(s)? Did the police serve your spouse with a Notice of Intended Prosecution?

Generally the police will have 6 months to lay the offence(s) to the court who will in turn issue a summons. If she pleads guilty/admits the offence then it'll be a 3 year wait. She should refrain from applying until the matter is resolved.

Police never gave her any document also she never arrested for the offence.
because someone down the road made a complaint and gave my car reg number to police, next day police came to my house asked my wife if she was driving the car? initially officer asked me about the incident and I said no she wasn't driving as I was not aware then they came back again after I left home and then she accepted it they said they were came here to warn her but because I didn't accepted it that's why they are sending this case to court but didn't give her any paper or Notice of Intended Prosecution..

Then talk to a criminal law solicitor and ask them if the police can prosecute as they didn't send a NIP within 14 days. If there will be no case to answer, then she should be ok. I expect they did caution her and she signed a statement admitting driving.

Thanks Amber,

Do you think I should contact police and asked them ??

That may be a good idea, but is not a substitute for legal advice.

and if they say yes they are sending or has sent the case to the court ??

can she still apply as there is no conviction?

If you have a pending prosecution you'll have to inform the Home Office and the application will be stayed until a decision is reached hence, why I suggested waiting until you have a decision on the case.

because someone down the road made a complaint and gave my car reg number to police

I highly recommend that you please check the whole thing thoroughly with police and/or through a solicitor, et al. before even thinking of applying for the BC.

The whole thing around this - i.e. that some random person down the road simply informed police that she/he "thinks" that a person was driving uninsured and without license sounds really strange. I am not suggesting your wife might have done things more serious etc., but please please, for the sake of future panic free life, check clearly by all means possible that there was nothing more to it that it seems.

I mean, if any random person, for no apparent reason, started informing police that someone is driving without insurance and license (how did they know??), without even knowing them personally, is really something that does not add up. Are you sure that is all they reported to the police and nothing more?
Or is it just because your wife has foreign looking face, and they wanted to inform "anyway" to police? If that is the case, then every single foreigner-looking person will have to be visited by police every moment in their life, by someone or other reporting!!!

Rather than getting into trouble later on in life after BC, please please check many times that all is fine with this episode. This application is not like any other visa renewal or even ILR.

I see many people here in these forums, saying they did not know driving offence is serious and hence they did not declare etc., after they have had a refusal and ban for any future applications... these things destroy everything in future.

Please please check again, speak to the police, get a solicitor involved, more importantly - please again talk to your spouse and check there was nothing more than what you think there is, and if nothing checks out, i would even recommend putting it in the application notes somewhere (like exactly you have written here in this post) (I am sure many may think is a bit more unnecessary) but it helps to give you that piece of mind, in case they do grant the BC, at least you have declared everything even if "may" not have been necessary please.

Or better still, leave it aside without applying for the next 3 years or so, like Amber says, and ask your wife to not drive anymore again until she gets her UK license!!!

This is my opinion. Its up to you to declare or not. Since it is your wife who is applying, and you may have children and nice family life going on, please do not spoil anything for future just because of this episode and not declaring it or investigating it thoroughly.

Thanks for the reply
She was struggling to reverse the while she was driving a lady came to her and said that you dont know how to drive and I am going to call police. I m sure that lady gave the reg number.
Next morning police came and she accepted it.
Now today I made calls to police and the officer said because they haven't completed any form or given her any reference number and since august (incident happen) you haven't received any correspondence they might have ignored it. Officer gave me another number to call and check if there is any case police holding against my wife or my car I rang them but they said you have to request this by completing a form with £20 fee.
Some one said to me to do CRB check on my wife and the result is fine then you can apply.
But if there is no conviction how it will reflect in CRB?
I had the appointment booked for my wife this month with NCS which I cancelled it till January to get everything sorted before submitting the application.

sitmit-gitmit,

Once you are sure they do not hold any info against your wife, you can proceed to apply and need not declare this.

Give only information that is needed and relevant. It can be a highly emotive and tense issue when making the application. But I doubt if they have not prosecuted your wife after such a long time, they will be holding on to the info in any form.

In all probability they would have followed up on a complaint from your neighbour and let it pass.
cheers
vr

THE LAW is CLEAR:

''The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court.''

Hi Mate.

Well if she confessed then have to wait for letter,
Police stopped me without licence and insurance in 18 sep 2011. and receive letter in Feb 02 Feb 2012 and attend court on 16th of Feb and i am waiting for 16 of Feb 2015 to apply for naturalization Hope this is best answer of your question.

Hi, I have already submitted my bc application and I have just remembered that I had speeding offence a year ago but I was offered an awareness course, so no point was put on my lisense. I didn't declare it on my application. Should I write to ho and tell them about it or should I not worry as no point was put on my lisense. I am so confused right now. Pls help!