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Driving Convictions CD10 and LC20 for Naturalisation

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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HAMSAVIJAY
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Driving Convictions CD10 and LC20 for Naturalisation

Post by HAMSAVIJAY » Tue Jul 06, 2010 11:32 pm

I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is my only conviction!.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your application outcome.
Last edited by HAMSAVIJAY on Wed Nov 03, 2010 11:43 pm, edited 1 time in total.

jimbo_uk
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Post by jimbo_uk » Wed Jul 07, 2010 7:34 am

The DVLA period of 4 years is irrelevant for Naturalisation purposes. It takes 5 years for most court issued fines to become "spent" for the good character requirement.

Exceptions seem to be given in some cases where the fine was only court issued because the driver was on a foreign license (i.e it's a minor 'fixed penalty' offense but it automatically went to court due to the foreign license), or if the person is otherwise stateless. There may be other situations, but in most cases if there are unspent convictions the application will be rejected.

NiiKpani
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Post by NiiKpani » Thu Jul 08, 2010 5:56 pm

jimbo_uk wrote:The DVLA period of 4 years is irrelevant for Naturalisation purposes. It takes 5 years for most court issued fines to become "spent" for the good character requirement.

Exceptions seem to be given in some cases where the fine was only court issued because the driver was on a foreign license (i.e it's a minor 'fixed penalty' offense but it automatically went to court due to the foreign license), or if the person is otherwise stateless. There may be other situations, but in most cases if there are unspent convictions the application will be rejected.
tough love right there

NiiKpani
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Re: Driving Convictions CD10 and LC20 for Naturalisation

Post by NiiKpani » Thu Jul 08, 2010 5:57 pm

HAMSAVIJAY wrote:I'm due to appear NCS to submit our applications (I, my wife and daughter) for citizenship on 27th Jul. 2010. I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is the only conviction, I'm giving a try by explaining these circumstances in a letter. This is purely to benefic joint application fee (£930) whether I get it or not, its a worth try.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your situation or format of your accompanying letter.

Thanks,
Vijay

How were you hoping to explain this away in your application.

John
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Post by John » Thu Jul 08, 2010 8:18 pm

CD10 is Driving without due care and attention, and LC20 is Driving otherwise than in accordance with a licence. So if we look at this UKBA document, and then read 3.2.5 in particular. you will have a better idea of what you are up against.

The LC20, were you convicted of that? If so, what was the sentence? Absolute discharge? Conditional discharge? Or what?
John

HAMSAVIJAY
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Post by HAMSAVIJAY » Tue Jul 13, 2010 10:09 pm

Dear All,
Thanks for your reply and cautions.

Both these offences are happened when I was driving un-supervised following expiry of Indian license and having UK provisional license.

In my case, date of offence was Sep/06 whilst the conviction was given in court in Jan/07. That means I've to apply only after Jan 2012, is that correct?

Anyone have got through this situation, please share your experience.

Thanks,
Vijay
Last edited by HAMSAVIJAY on Wed Nov 03, 2010 11:47 pm, edited 1 time in total.

fearless2711
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Post by fearless2711 » Wed Jul 14, 2010 7:12 am

HAMSAVIJAY wrote:Dear All,
Thanks for your reply and cautions.

Both these offences are happened when I was driving un-supervised following expiry of Indian license and having UK provisional license.

I've started filling the form and plan to mention in the Section 6.7 of the form as follows:

"The penalty points and a small fine of £250 for the traffic offence LC20 and DC10 are related to the driving without supervision while possessing provisional license. The penalty points on the license and the offence will be claimed as spent as per DVLA legislations by 4 years from the date of offence (22/09/06). This offence is neither related to drink driving nor driving without insurance. This is the only offence I had in the past 5 years. I've enclosed a certified copy(NCS) of the paper counter part of my driving license."

I'm bit puzzled that this can be considered as conditional discharge or bind-over sort. But, its all depends on the caseworker's view.

Anyone have got through this situation, please share your experience.

Thanks,
Vijay
Hi Vijay,

Dont apply ot u will waist u money, I had same situation and I did applied with in joint application with my wife but the outcome is HO approved my wife but refused my application.

I am thinking to write them about it but let us see.

Regards,

alizarao
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Re: Driving Convictions CD10 and LC20 for Naturalisation

Post by alizarao » Wed Jul 14, 2010 9:02 am

HAMSAVIJAY wrote:I'm due to appear NCS to submit our applications (I, my wife and daughter) for citizenship on 27th Jul. 2010. I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is the only conviction, I'm giving a try by explaining these circumstances in a letter. This is purely to benefic joint application fee (£930) whether I get it or not, its a worth try.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your situation or format of your accompanying letter.

Thanks,
Vijay

i think its better to take chance but i would suggest that u should start some volenteer work immedeiately or some other commmunity service which will prove otherwise that u r of good character &that was mistake only.attach letters of volenteer work proofs with yr application.hope it will help. i know a guy who had some traffic offences got approval from ho recently but he was doing job + volenteer work.

Backer
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Post by Backer » Wed Jul 14, 2010 3:39 pm

HAMSAVIJAY - Why not wait until Sep 2011 your fine will be spent beacause it will be 5 years by then?

RAJ2007
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Post by RAJ2007 » Wed Jul 21, 2010 6:49 pm

John,

I have read the link that you provided. Correct me if I am wrong. As per my understanding, (3.2.2) someone who got one driving offence e.g. driving on the wrong side, has received one FPN and 3 points on the licence from the court could be considered as minor offence. If more than one FPN, then it is not a minor offence.

Please clarify. Also, is it advisable to sent a copy of that document when someone in this situation makes an application.

f2k
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Post by f2k » Wed Jul 21, 2010 9:35 pm

RAJ2007 wrote:John,

I have read the link that you provided. Correct me if I am wrong. As per my understanding, (3.2.2) someone who got one driving offence e.g. driving on the wrong side, has received one FPN and 3 points on the licence from the court could be considered as minor offence. If more than one FPN, then it is not a minor offence.

Please clarify. Also, is it advisable to sent a copy of that document when someone in this situation makes an application.
Is this the Same Case

HAMSAVIJAY
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Final Advice from Nationality Checking Service

Post by HAMSAVIJAY » Wed Jul 28, 2010 10:31 am

Thanks for all posts from the members.

Following my recent appointment with Nationality Checking Service, I've been advised that the fine of £250 is high in order to be overlooked by the caseworker. Although its my only one offence, I'm convinced because the NCS staff rang the home office naturalisation team before me and the message was pretty heard clear that driving on provisional is very bad..

So I've to wait for another 18 months..not bad..but started looking for some volunteering aspects to balance it over.

I once again thank you all for posting your thoughts...

Thanks
Vijay

1273
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Post by 1273 » Mon Aug 23, 2010 4:38 pm


you said: "I've been advised that the fine of £250 is high in order to be overlooked by the caseworker".


Did they tell you what's the maximum amount of fine they would overlook?
WOW

tony_ola
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Post by tony_ola » Thu Oct 21, 2010 10:12 am

I have one LC20 (4 points and £100 fine). I was told by 2 different immigartion advisers that I shouldn't apply until it is spent

MrNorthStar
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Driving Convictions CD10 and LC20 for Naturalisation

Post by MrNorthStar » Mon Oct 25, 2010 3:02 pm

Backer wrote:HAMSAVIJAY - Why not wait until Sep 2011 your fine will be spent beacause it will be 5 years by then?
HAMSAVIJAY - I would agree with Backer and would suggest wait till your conviction becomes spent. I have read instances where people have been rejected when they apply for Naturalisation and have unspent conviction.

salars
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Penalty Points

Post by salars » Mon Oct 25, 2010 10:04 pm

Hi
I have been thru the NCS. what they ask is if you have had more than 1 PCN in the last 12 months.

As per the guidelines, any PCN or points not awarded in court need not be declared on the application

Also, I believe the only serious codes are DR for drunk/drug driving which need to be declared on the application.

Thanks
Sal

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