British Citizenship Obtained with a Conviction?

salmanakram · Post by **salmanakram** » Tue Jul 26, 2011 5:13 pm

Hi,

I am going to apply for citizenship next week. I cant believe it is so close. But I have a question. I had a Fixed Penalty notice (SP30) for driving at 42m/h in a 30m/h zone in May 2009. I did not pay the Fixed Penalty notice and decided to go to court to explain my mitigating circumstances. On getting a summons from court I took the option of "Pleading Guilty" (meaning acknowledging my fault) but explained my mitigating circumstances in writing to magistrate. I obviously lost the case and was issues a fine of Â£165 along with 4 points.

Is there anyone in a similar situation as myself and has successfully applied for naturalisation? Any experiences where the application has not been successful? What are my chances.....I quote from Naturalisation guidelines:-

â€œWe will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By â€œminor offenceâ€

Nazia88 · Post by **Nazia88** » Tue Jul 26, 2011 6:57 pm

mate as far as i know this conviction has to be spent contact to the court where you get fined and clerk would tell you the detai when it will be spent otherwise dont take a risk for wasting the Â£836 or wait for anyother senior member to reply. goodluck

gidoc · Post by **gidoc** » Tue Jul 26, 2011 7:13 pm

One single FP is allowed.

Backer · Post by **Backer** » Tue Jul 26, 2011 7:45 pm

I don't think that based on what you described you have a Fixed Penalty. If you didn't go to court it would have stayed an FP. However, now it seems to be a court conviction and is such will take 5 years to be spent.
There issome risk your application will be turned down but I have seen many who were successful especially as your offence is very light (speeding). Perhpas consider using an immigration advisor or soliciter to increase the chances of your application.

salmanakram · Post by **salmanakram** » Wed Jul 27, 2011 5:13 am

Backer wrote:I don't think that based on what you described you have a Fixed Penalty. If you didn't go to court it would have stayed an FP. However, now it seems to be a court conviction and is such will take 5 years to be spent.
There issome risk your application will be turned down but I have seen many who were successful especially as your offence is very light (speeding). Perhpas consider using an immigration advisor or soliciter to increase the chances of your application.

Thanks for replying. Yes I am saying its a CONVICTION not FP.
Can you put me thru to people you know (even via email) who were in my position (in terms of having a driving conviction) and still got through? I am planning to put a well drafted cover letter...but do I necessarily HAVE to go via a solicitor to increase my chances, if i can draft a letter on my own? Thnx

1664 · Post by **1664** » Wed Jul 27, 2011 2:55 pm

I could be wrong - would this not be ok if you declare it on your application?
I think its an issue when you are aware of it and have not declare or missed to declare any FP or convictions.

salmanakram · Post by **salmanakram** » Wed Jul 27, 2011 5:32 pm

1664 wrote:I could be wrong - would this not be ok if you declare it on your application?
I think its an issue when you are aware of it and have not declare or missed to declare any FP or convictions.

Yes you are correct. I am planning to definately declare it. But wanted to some advice on what i should state on the cover letter? What should say to show the SP30 speeding conviction was a minor offence..?

Backer · Post by **Backer** » Wed Jul 27, 2011 6:13 pm

I don't know anyone personally but there are many in this forum who were in this situation. Start searching for previous threads and you'll uncover many in your or a siniliar situation.

My personal opinion is that you have a good chance since your offence is really minor.

tonytee · Post by **tonytee** » Wed Jul 27, 2011 7:02 pm

Since you went to court, you need to declare it. However if thiat was your only conviction, it is probably going to be discounted.

I applied and declared my SP30 conviction and had aproval in 16 days.

Best of luck.

Tonytee

salmanakram · Post by **salmanakram** » Wed Jul 27, 2011 7:08 pm

tonytee wrote:Since you went to court, you need to declare it. However if thiat was your only conviction, it is probably going to be discounted.

I applied and declared my SP30 conviction and had aproval in 16 days.

Best of luck.

Tonytee

Hey Tony,
Thanks! Could you please send me a sample of your cover letter? Or important points from that? Secondly please clarify your fine amount? And i am assuming you also went to court correct? Did you plead guilty or did you go for a hearing and trial etc? Please update a little more on your situation....thnx alot..

salmanakram · Post by **salmanakram** » Wed Jul 27, 2011 7:12 pm

Secondly please also advice when did you apply for citizenship? thnx

tonytee wrote:Since you went to court, you need to declare it. However if thiat was your only conviction, it is probably going to be discounted.

I applied and declared my SP30 conviction and had aproval in 16 days.

Best of luck.

Tonytee

salmanakram · Post by **salmanakram** » Tue Aug 02, 2011 9:57 am

As explained above I have one SP30 driving conviction in court. And as i have also learnt the case worker can excercise discretion to ONE minor conviction.......I am not sure what do say for the clause 6.6 on page 14 of the application:-

"I declare that, although I do not meet all the statutory requirements for naturalisation, I believe that, in view of the following special circumstances..........."

I have the option of either deleting the option or put a tick box and explain my special circumstances......?? What do i need to do? Please can anyone advice?

FYI: I am already explaining in a cover letter why I feel the ONE SPEEDING OFFENCE is MINOR and WHY I want them to disregard it......?

Is my committing the SPEEDING OFFENCE SP30 is that considered not meeting STATUTORY requirements?

Thnks alot

salmanakram · Post by **salmanakram** » Tue Aug 02, 2011 10:42 pm

salmanakram wrote:As explained above I have one SP30 driving conviction in court. And as i have also learnt the case worker can excercise discretion to ONE minor conviction.......I am not sure what do say for the clause 6.6 on page 14 of the application:-

"I declare that, although I do not meet all the statutory requirements for naturalisation, I believe that, in view of the following special circumstances..........."

I have the option of either deleting the option or put a tick box and explain my special circumstances......?? What do i need to do? Please can anyone advice?

FYI: I am already explaining in a cover letter why I feel the ONE SPEEDING OFFENCE is MINOR and WHY I want them to disregard it......?

Is my committing the SPEEDING OFFENCE SP30 is that considered not meeting STATUTORY requirements?

Thnks alot

appreciate any reply please???? My appointment is tomorrow.....thnx alot..

Kevinr · Post by **Kevinr** » Mon Sep 12, 2011 11:43 am

How is it go, mate? Did you get approved for your application

salmanakram · Post by **salmanakram** » Mon Sep 12, 2011 12:49 pm

Kevinr wrote:How is it go, mate? Did you get approved for your application

nope still waiting....did you get it ?

Kevinr · Post by **Kevinr** » Mon Sep 12, 2011 4:42 pm

I am due to apply in October, but I think I have to wait until my conviction is spent because my offence is different from yours. Mine was using mobile phone whilst driving and it clearly states it will not be disregarded in the AN_guidance.

But in your particular case, I strongly believe you will be fine because yours was speeding. It says speeding could be overlooked in the guidance. You will get good news. Let me know mate.

gkskumar12 · Post by **gkskumar12** » Tue Sep 20, 2011 9:40 pm

Hi
I am in a similar situation, did u had any reply from HO.Did NCS accepted ur application or not????
Pls update???

salmanakram · Post by **salmanakram** » Mon Oct 03, 2011 9:56 pm

gkskumar12 wrote:Hi
I am in a similar situation, did u had any reply from HO.Did NCS accepted ur application or not????
Pls update???

Havent heard back yet. Last time i called a week ago the application is still not on their main system. Look like if after nearly 2 mts its not on their main system then would have to wait atleast another 2 mths or so before getting anywhere near the processing.....Continuing to wait!!!!!
Will update as soon as i hear......Please people continue to update if anyone gets thru or not with a conviction....tx

gkskumar12 · Post by **gkskumar12** » Thu Oct 06, 2011 1:51 pm

Hi

Do u have any update on ur application?
What was ur answer on the last quoestion of application
"I declare that, although I do not meet all the statutory requirements for naturalisation, I believe that, in view of the following special circumstances..........."

Did NCS ask you do any thing different?

Please share your experience till now !!!

and can you please share a copy of ur Cover letter (gkskumar@yahoo.com.

Thank you

Regards

salmanakram · Post by **salmanakram** » Wed Dec 07, 2011 4:54 pm

gkskumar12 wrote:Hi
I am in a similar situation, did u had any reply from HO.Did NCS accepted ur application or not????
Pls update???

My application for citizenship got approved today. I had one SP30 offence that i challenged in court. Total time to recieve approval: 4 months!

Good luck to everyone!!!!!!

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British Citizenship Obtained with a Conviction?

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