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Hello everyone
I will b really thankful is someone can help me.
I with my family came to uk in jan 2009
Me my wife and our to kids got ILR in july 2014, on 5 year basis.
My wife always applied as a housewife not working women.
She started working occasionally --- teaching english from home after getting ILR.
Shre earned 1300 pounds from 15july to 5 april 2015
She never filed return till date - but unfortunately she called HMRC that she is working part time and they asked her to get registered with hrmc online and file returns.

We were planning applying for British Citizenship in march.

We filled the form as housewife and thinking she is far below the tax bracket--- i am confused now what to do
Should we send the form with occupation (housewife/unemployed)
Is it possible that Home office will come to know through HRMC about our call.

second query is i jumped red light in april 2013 was stopped by police. I said sorry its was my mistake they handed me a ticket of 60 pounds and 3 points on driving licence--i paid the the fine within the given period- i checked my paper part of driving licence it says convicting court code-xxxx-FIxed panelty TS10 -- 3 penalty points. does this means i was convicted.

I checked my DL on line it says
Offence dates
Offence details--TS10: Failing to comply with traffic light signals
Penalty points: 3
Court/Fixed penalty office--xxxx: South East Essex Magistrates’ Court

Please help
Thank you
GSB

gsb wrote:Hello everyone
I will b really thankful is someone can help me.
I with my family came to uk in jan 2009
Me my wife and our to kids got ILR in july 2014, on 5 year basis.
My wife always applied as a housewife not working women.
She started working occasionally --- teaching english from home after getting ILR.
Shre earned 1300 pounds from 15july to 5 april 2015
She never filed return till date - but unfortunately she called HMRC that she is working part time and they asked her to get registered with hrmc online and file returns.

We were planning applying for British Citizenship in march.

We filled the form as housewife and thinking she is far below the tax bracket--- i am confused now what to do
Should we send the form with occupation (housewife/unemployed)
Is it possible that Home office will come to know through HRMC about our call.

second query is i jumped red light in april 2013 was stopped by police. I said sorry its was my mistake they handed me a ticket of 60 pounds and 3 points on driving licence--i paid the the fine within the given period- i checked my paper part of driving licence it says convicting court code-xxxx-FIxed panelty TS10 -- 3 penalty points. does this means i was convicted.

I checked my DL on line it says
Offence dates
Offence details--TS10: Failing to comply with traffic light signals
Penalty points: 3
Court/Fixed penalty office--xxxx: South East Essex Magistrates’ Court

Please help
Thank you
GSB

Be careful here.
Employment history is a mandatory question on the naturalisation form.
This applies to your wife's application as well as yours.

The application will obviously be scrutinised & crosschecked with HMRC (& other agencies, eg DWP) as a matter of course;
ie regardless of you calling HMRC with some enquiry.

Any suppression of material facts is classed as deception & can lead to a refusal (loss of fee) with no right of appeal - plus a 10-year ban.

Yes, regarding traffic offence - that's a conviction (non-custodial).
Regarding conviction/s, if in doubt declare it on your application.
Caseworker will assess & may disregard as appropriate.

The point is all these factors feed into satisfying the vital 'good character' requirements.
Read the legal warning and legally-binding Declaration on the form carefully too, before signing for the veracity & completeness of your applications.

Good luck.

Really very Thankful for the advise.

I got the above mentioned 3 points on on 25 april 2013----- should i submit my application after 25 april 2016 ?
As after 25 april 2016 3 year will pass.

Secondly I went in no entry in june 2015 they offered me Driver Awareness courses or 100 pounds fine plus 3 points, i opted course. I attended Driver Awareness courses in oct 2015. I checked my driving licence online it dosen't show anything about that incident.---- Do i need to disclose that? AN form docent say anything about that.

Please advise.
thank you
GSB

gsb wrote:Really very Thankful for the advise.

I got the above mentioned 3 points on on 25 april 2013----- should i submit my application after 25 april 2016 ?
As after 25 april 2016 3 year will pass.

Secondly I went in no entry in june 2015 they offered me Driver Awareness courses or 100 pounds fine plus 3 points, i opted course. I attended Driver Awareness courses in oct 2015. I checked my driving licence online it dosen't show anything about that incident.---- Do i need to disclose that? AN form docent say anything about that.

Please advise.
thank you
GSB

3 years since a non-custodial conviction sounds about right before applying..

An event in the most recent 12 months could be problematic.
To be on the safe side suggest explaining the 'no-entry' incident (briefly) on the form - then you have not suppressed any information.
If of no consequence the caseworker should disregard it.

Thank you again for the quick reply.
I just went through AN_Booklet_-__November_2015
on page 17 it says the following--

You are also advised to refer to the good character policy guidance which caseworkers use to decide your application. This is available at:
https://www.gov.uk/government/uploads/s ... ersion.pdf

on that link i found the following-----

Annex D: the good character requirement
3.2 Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices for Disorder
Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder are imposed by the Police or other authorised enforcement officers for traffic rule violations, environmental and civil violations. It is a way of the criminal justice system disposing of fairly minor offences without the need for a person to attend court. Receiving one does not form part of a person’s criminal record as there is no admission of guilt.
The decision maker will not consider these unless the person has:
a. failed to pay and there were criminal proceedings as a result; or
b. received numerous fixed penalty notices which would suggest a pattern of behaviour that calls into question their character.
Where a fixed penalty notice or fiscal fine has been referred to a court due to non- payment or the notice has been unsuccessfully challenged by the person in court, the decision maker will consider this as a conviction and assessed in line with the new sentence imposed.
Where b. applies, the decision maker will consider the factors listed at section 3.8 – Considering Cumulative, Non-Custodial Sentences.

I am really confused now what to do please help
thank you
GSB

gsb wrote:Thank you again for the quick reply.
I just went through AN_Booklet_-__November_2015
on page 17 it says the following--

You are also advised to refer to the good character policy guidance which caseworkers use to decide your application. This is available at:
https://www.gov.uk/government/uploads/s ... ersion.pdf

on that link i found the following-----

Annex D: the good character requirement
...

I am really confused now what to do please help
thank you
GSB

What's the difficulty?

If in doubt declare the incident.
That demonstrates honesty (which is a requirement of the Declaration on the form that you have to sign).

Then this applies:

The decision maker will not consider these unless the person has...

This means caseworker can disregard the minor stuff.

The alternative is you omit material facts, the caseworker knows then anyway (from other checks), you sign a Declaration knowing you omitted material facts - and caseworker potentially slaps a ban on you for deception.

Honesty is the best policy.

Thank you

I didn't mean that i will not disclose,(i will disclose each and every thing and explain it in detail)
I was confused should i file for naturalisation now or after 12 month of the last fixed penalty.
thank you
GSB

Dear Moderator,
Sorry there was some mistake in my actual post.
My wife earned 1300 pounds from 15july2013 to 5 april 2015
She never filed return till date - but unfortunately she called HMRC that she is working part time and they asked her to get registered with hrmc online and file returns.
In her earlier application for two extension as a tier 2 dependant, in the occupation section she wrote house wife.
she never mentioned any work.
Now on naturalisation application she is going to declare that --- will it b taken as deception

Please help
thank you
GSB

gsb wrote:...

In her earlier application for two extension as a tier 2 dependant, in the occupation section she wrote house wife.
she never mentioned any work.
Now on naturalisation application she is going to declare that --- will it b taken as deception

Please help
thank you
GSB

Depends on the timelines and whether the Tier 2 filings relate to same time period.
It may generate questions from a caseworker seeking to clarify the history.

Obviously various checks on the records will be made.
If different forms contains different answers for activities in the same months/years then that could raise eyebrows & become problematic.

Thank you for the quick response.

i don't remember what forms i filled for my dependant while applying for ilr in june 2014
I remember i filled form 0
I dont remember wether we filled only one form or multiple.
If you can recall what forms were supposed to b filed for ill in july 2014.
please help
thank you
Moderator

gsb wrote:Thank you for the quick response.

i don't remember what forms i filled for my dependant while applying for ilr in june 2014
I remember i filled form 0
I dont remember wether we filled only one form or multiple.
If you can recall what forms were supposed to b filed for ill in july 2014.
please help
thank you
Moderator

That is unfortunate.
First rule of dealing with Home Office/UKVI is: keep scans & copies of everything submitted to HO - for ever

I am not familiar with ILR forms from then as I was done with ILR for my family by then.

thank you again

we r going to apply together, me my fife and two kids.
Suppose if there is a problem with my wife's application will it effect my and my kids application too.
Or only she will be refused rest all will get naturalisation.

thank you
GSB

gsb wrote:thank you again

we r going to apply together, me my fife and two kids.
Suppose if there is a problem with my wife's application will it effect my and my kids application too.
Or only she will be refused rest all will get naturalisation.

thank you
GSB

It depends how you check the boxes on the minors' applications.
Wife's refusal risks minors' refusal (& loss of fees) if they are linked.

You could ringfence wife's application (apply separately) and apply for minors with just your application.

As far as the employment is concerned, I dont see a problem with your wife's case. If she earned only £1300 in the year ending April 2015, all she needs to do is file a self assessment as a teacher and honestly declare that she earned £1300. This amount is well below the tax allowance and she wont be taxed on this. However, she will have to pay some NI contribution but it wont be much.