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Criminal convictions
Posted: Thu Oct 11, 2012 11:07 am
by littlebush
Hi
When applying for Citizenship, what kind of conviction is held against the applicant when applying.
My wife got a fine from court for using the wrong train ticket, would this go against her?
If so, what are the consequences, a delay in being able to apply?
Thanks
Re: Criminal convictions
Posted: Thu Oct 11, 2012 11:31 am
by Gyfrinachgar
littlebush wrote:When applying for Citizenship, what kind of conviction is held against the applicant when applying.
My wife got a fine from court for using the wrong train ticket, would this go against her?
If so, what are the consequences, a delay in being able to apply?
The problem is that the whole thing went to court. It therefore resulted in a formal conviction, which will adversly affect any application. That being said, it appears to be a fairly small conviction, and your wife can request mitigating circumstances. The central passage in the caseworkers manual relating to this question is: "Caseworkers should normally refuse an individual who has an unspent conviction, however there is discretion to overlook some minor one-off offences. (...) Where the applicant is of good character in all other respects caseworkers should normally be prepared to overlook a single minor unspent conviction resulting in: (...) a relatively small fine or compensation order." However, be aware that if the caseworker refuses leniency and does not disregard this conviction, your wife's application will fail and over £800 application fee will be lost. Personally, I think it would be unlikely in this case, but it is not impossible. The safest route would be to wait until the conviction will be spent.
Re: Criminal convictions
Posted: Wed Oct 17, 2012 5:31 pm
by geriatrix
littlebush wrote:My wife got a fine from court for using the wrong train ticket
What court was that? A county court or magistrate's court or .... ?
And explain the sequence of events that lead to the matter (offence) being dealt with by a court.