Page 1 of 1

Driving without insurance -Not minor offence -Good Character

Posted: Sat Aug 17, 2013 7:35 pm
by shyam83
Hi,

I have been convicted of driving without insurance in 2006 and was charged a fine at the court. If I had applied before December 2012, I would not be required to declare it as it is a spent conviction now. However, due to the new changes since Dec 2012, the form does indicate that I need to declare spent and unspent convictions.

My concern is that in the guidance, it is clear that driving without insurance is considered as "reckless" and is not a minor offence and the case worker will not normally disregard.

I have seen some post and there is a mention of 3 year lapse period, however i dont see this on the UK BA website

My question is whether I should apply for naturalisation or not (if it is going to be rejected)

I would appreciate if people can share their experience of successful or unsuccessful similar scenarios for applications made after Dec 2012
I have had no other convictions

Thank you in advance for your suggestions and advice

Posted: Sat Aug 17, 2013 8:05 pm
by Amber
You should be ok see question 2 of the good character FAQ (click)

3 year lapse period

Posted: Sun Aug 18, 2013 12:06 pm
by shyam83
Thank you Guru for providing the link to the FAQ

It helps but as you know they have mentioned specifically that driving without insurance is not nomarlly regarded as minor offence. The 3 year lapse period does that apply to only minor or all convictions. As you have already highlighted that the Rehabiliation Act does not apply anymore for the application.

Do you know where the 3 year lapse period comes from i.e. whether it is mentioned on the UK Border Agency website.

Thanks

Regards
Shyam

Re: 3 year lapse period

Posted: Sun Aug 18, 2013 12:17 pm
by Amber
shyam83 wrote:Thank you Guru for providing the link to the FAQ

It helps but as you know they have mentioned specifically that driving without insurance is not nomarlly regarded as minor offence. The 3 year lapse period does that apply to only minor or all convictions. As you have already highlighted that the Rehabiliation Act does not apply anymore for the application.

Do you know where the 3 year lapse period comes from i.e. whether it is mentioned on the UK Border Agency website.

Thanks

Regards
Shyam
Disregarding the minor offence is only applicable when the conviction has not lapsed, as it's been >3 years it will be disregarded. You still need to declare it.

Re: 3 year lapse period

Posted: Sun Aug 18, 2013 12:28 pm
by facts
shyam83 wrote:...
...
Do you know where the 3 year lapse period comes from i.e. whether it is mentioned on the UK Border Agency website.
...
Page 16 of booklet AN.