Immigrationboards.com

Hello all,
I have acquired my ILR in January 2012.
I have convicted in court for drink and drive offence (DR10 endorsement on license with no penalty points taken) back in august 2009 with 52 mcg out of 100 mcg in breath and was disqualified from driving for 14 months and was offered a rehab course which i have attended and the disqualification came down to 11 months giving me a 3 months reduction from disqualification, and i have declared at the time of ILR and had no problems getting indefinite leave to remain, but for naturalization application everyone is telling me differently as i have to wait for 5 years for naturalization until my conviction becomes spent.
I have asked few solicitors and one says i have to wait 4 years, thats in line with the new immigration guidelines and other says its 5 years i have to wait until the conviction becomes spent.
please help me if anyone have a better idea on drink drive offence sentences with court fine and disqualification from driving and no penalty points.

awaiting replies,
regards
gopi.

It is neither 5 or 4 years, it's 3, see the Good Character FAQ (click) question 2. You shouldn't have got ILR, but if you declared it and were successful then so be it.

Gopi,

You can safely apply. Have you passed your life in UK test? If not book and get it over with quickly and apply for your naturalisation ASAP. From October end the rules and requirements for Knowledge of Life and Language is changing.

Good Luck
Cheers
VR

PS: August 2009 is well past 3 years.

D4109125 wrote:It is neither 5 or 4 years, it's 3, see the Good Character FAQ (click) question 2. You shouldn't have got ILR, but if you declared it and were successful then so be it.

Thanks a lot, i don't know how come even solicitors don't know the rules.
so it is 3 years as per the new rules or what? because i was searching in the internet and other forums and have read the conviction will become spent after 5 years.
please advice me once again..

VR wrote:Gopi,

You can safely apply. Have you passed your life in UK test? If not book and get it over with quickly and apply for your naturalisation ASAP. From October end the rules and requirements for Knowledge of Life and Language is changing.

Good Luck
Cheers
VR

PS: August 2009 is well past 3 years.

Thanks a lot, i don't know how come even solicitors don't know the rules.
so it is 3 years as per the new rules or what? because i was searching in the internet and other forums and have read the conviction will become spent after 5 years.
please advice me once again..

gopi.

Did you read the FAQ link I posted above? If so, you should have read that it no longer matters if the conviction is spent as per the 1974 Act. The rules changed in December 2012.

VR wrote:Gopi,

You can safely apply. Have you passed your life in UK test? If not book and get it over with quickly and apply for your naturalisation ASAP. From October end the rules and requirements for Knowledge of Life and Language is changing.

Good Luck
Cheers
VR

PS: August 2009 is well past 3 years.

well VR i have passed life in the uk before applying ILR.
thanks
gopi.

D4109125 wrote:Did you read the FAQ link I posted above? If so, you should have read that it no longer matters if the conviction is spent as per the 1974 Act. The rules changed in December 2012.

Hello Guru, i have read the link you posted. but little confusion in the same link in Q8 it says it wont be considered as a minor offence if it is related to few convictions like drink n drive or drugs or sexual abuse and so.
thats why i am confused about my situation about the spent time fr my conviction.

Regards
gopi.

Gopi,

You have spent 4 days procrastinating and worrying about the laws. It is the final stage of your journey as an immigrant and it is natural for you to be anxious.

Since you have passed your Life in UK Test , do not delay further. Fill out your form, with the requisite supporting docs and references and book an appointment at the nearest NCS and finish it before you miss the bus. The rules for Knowledge of Life and Language are about to change in October 13.

You can keep debating and deliberating till you retire on criminal law and the changes are they keep changing all the time.
cheers
vr

reddy007 wrote:

D4109125 wrote:Did you read the FAQ link I posted above? If so, you should have read that it no longer matters if the conviction is spent as per the 1974 Act. The rules changed in December 2012.

Hello Guru, i have read the link you posted. but little confusion in the same link in Q8 it says it wont be considered as a minor offence if it is related to few convictions like drink n drive or drugs or sexual abuse and so.
thats why i am confused about my situation about the spent time fr my conviction.

Regards
gopi.

Question 8 only relates where 3 years has not lapsed.

thanks a lot.

Question 8 only relates where 3 years has not lapsed.[/quote]