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Court Judgement and Naturalisation

Posted: Mon Nov 11, 2013 8:34 pm
by zeeshanzaheer
Hi All

one of my friend wants to apply for Naturalization .
He was given ILR 8 months ago and he will apply for Naturalization in 4 months time.
He was stopped by police while talking on mobile and was given 3 penalty points and a fine of £160 by court.the conviction date was 27.04.2011 and the court judgement date was 12.05.2012.

When he applied for ILR he mentioned his convictions and his application was successful.

my question is can can he apply for naturalization in next 4 months or he need to wait for conviction to be Spent ?
when his conviction will be Spent ........do we take into account the Date of Conviction or Date of court order ??


i heard that new ROA will introduce soon where the rehabilitation period will reduced for fines.

Posted: Mon Nov 11, 2013 8:38 pm
by Amber

Posted: Mon Nov 11, 2013 8:46 pm
by zeeshanzaheer
Thank you for the link very informative
but sorry i am still confused that will the 3 years period will start from the date of conviction or date of court judgement????

Posted: Mon Nov 11, 2013 8:49 pm
by Amber
Why was the court date 1 year after? Was the conviction appealed?

Posted: Mon Nov 11, 2013 8:57 pm
by zeeshanzaheer
he just paid the fine after serve with penalty notice .But by mistake Police send it to court for hearing .He got court summons one day and surprised but at that time he plea guilty before court hearing date .The court ask him to pay fine and 3 points.therefore there was some delays
he didn't knew it will cause a problem in future Home Office applications.
he wrote to police but they never replied.

Posted: Mon Nov 11, 2013 9:03 pm
by Amber
By mistake? I think the person needs to seek legal (criminal law) advice to see if the conviction can be quashed. Moreover, the judgement date doesn't seem right. Further comment should be sought after sorting out the conviction.

Posted: Mon Nov 11, 2013 9:03 pm
by zeeshanzaheer
any idea if 3 years period will start from the date of conviction or date of court judgement???

Posted: Mon Nov 11, 2013 9:04 pm
by Amber
It would be 3 years from the date on which the court convicts. But like I said s(he) needs to see if it can be quashed.

Posted: Mon Nov 11, 2013 9:07 pm
by zeeshanzaheer
thanks a lot for your kind help