Naturalisation Refused

John wrote:

I had a speeding ticket fine that I challenged in court (but lost) in the USA 8 years ago.

That being the case, under UK law, as far as the UK is concerned, that conviction is "spent" after 5 years .... a fine imposed = 5 year period.

As the application form AN says "Convictions spent under the Rehabilitation of Offenders Act 1974 need not be disclosed", there is of course no need to mention that conviction.

Thank you John! So ticking the "NO" box would be ok then??

Assuming there are no other convictions, what you say must be correct.

Spent = forget about it, as if it never happened.

samir10 wrote:I applied in July and got letter back now saying your application has been refused becuase of traffic conviction.

I have been fined £60+£60+3points for not displaying L plate and speeding and yes that was in court.

Is there anything i can do , or Judcial Review is the last option as i am not convinced they have acted lawfully.

Any expereince similar to this ?

Samir,

Was your application for ILR or British citizenship?

Assuming all condition satisfies like MOT, Tax insurance what of the following will have thier naturalisation application denied for someone who have provisional license?

1)Drink driving
2)Driving without 'L' plate
3)Accident while driving and its our fault
4)Accident while driving and not our fault
5)Speeding offence
6)Parking offence
7)Not wearing a seat belt

In most secnarios,All except 6.
3 and 4 may be OK if accompanied by driver held Full licence for 3 or more years or driving instructor as long as it is not dangerous driving.

John wrote:Assuming there are no other convictions, what you say must be correct.

Spent = forget about it, as if it never happened.

Thank you John! Thats a relief to know.

I have a dilemma here.
3 years ago I have been caught speeding, I got a letter saying that if I had a UK licence I can pay a fine if I hold a foreign licence I need to do nothing and the matter will be taken to a court. since then I have never heard anything from the court. Thus I don't know if I actually have a conviction or not, I asked for PNC record via Data Protection Act, but not sure if this offence/charge will actually be recorded there.
so the questions are
a) what happened to my court case (forgotten about, convicted without informing me, etc)
b) do I have to declare it, and if yes what do I declare?
c) If it is not on PNC how to find out what actually happened?

Please share any personal experiences if anyone was told they will be taken to court but then herd nothing.

Samir,

Can you pls be more clear in your case. You say your case was in court? Why did it go to court?

Secondly you say, for not displaying the L plate. which means you had a provisional licence. Was there a person with a full license next to you or were you driving alone. If you were driving alone and then speeding that would be illegal and is serious.

Most importantly, you say traffic 'conviction'. Is that a conviction(proved guilty in court) or just a traffic offence(an FPN which was paid on time). If it was proved guilty in court then it would be a conviction and would lead to refusal. Though I am startled how the conviction didnt show up on the disclosure

The form clearly says You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court


So if yours was in court and you were fined , it means you should have declared it

This post is 4.5 years old and Samir hasn't posted since then. I don't think you're going to get an answer ...