Immigrationboards.com

Good day all.

I am looking to apply for citizenship using form UKF (Under the provisions in Section 4G). I 28 years old and am a South African citizen.

I am able to fill in everything, with confidence, but the Good Character requirement.

Over the years I have received a few traffic fines (for very minor things like forgetting to carry license on me). These have always been paid timeously. I do not have any record of these.

Over a year ago, I got arrested for drunk driving (was only a little over the limit, driving a friend home in her car). The court was lenient as I was not that intoxicated and I did 35 hours of community service and the case was withdrawn.

As it stands, I do not have a criminal record. Nor do I have any outstanding traffic fines (have not received one in ages anyway). And I have no pending court or any kind of legal action against me. I can get a certificate from the police proving such, and attach it to my application.

So how do I fill this in (proposed answer in red):

2.6 Have you been convicted of any criminal offence in the UK or any other country?

• Yes go to question 2.7
• No go to question 2.8 NO, because the case was withdrawn? I have a clear criminal record. Can prove such with police clearance certificate?

2.8 Do you have any civil judgements against you or any civil penalty under the UK
Immigration Acts?

• Yes go to question 2.9
• No go to question 2.10 NO, I think? No current OR pending judgements , anywhere? What are these even?

2.10 Have you received any cautions (simple or conditional), warnings or reprimands in the UK
or any other country? Do South African traffic fines even count as such?

• Yes go to question 2.11 Do I answer YES, because I have received traffic fines sometime in the past - long forgotten? (Even though they were paid) OR;
• No go to question 2.12 NO, because I have no outstanding fines?

2.13 Have you ever been charged in any country with a criminal offence for which you have
been tried in court? I think the answer to this is YES? Or can I say NO because the case was withdrawn?

I ask these questions not because I want to be misleading. But I also do not want to tick boxes willy-nilly and ruin my chances. Honestly I am just really unsure whether small traffic fines mean anything in the scope of these questions, and whether my case, having been withdrawn is of any relevance?

Start here:
http://www.immigrationboards.com/britis ... 05532.html

The whole nine yards in HO guidance here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

IMO your analysis seems sound with regard to the drink driving charge but depends on your memory and recollection of events which may be faulty. Do you not have the ability to pull both your driving record and your criminal records? This will reveal what convictions you have on both fronts.

With regard to the traffic offenses - if you paid a fine this is indicates that you did commit an offense and, yes, all such offenses should be disclosed.

Fulgrun wrote:Do you not have the ability to pull both your driving record and your criminal records? This will reveal what convictions you have on both fronts

Not easy to do or get these in South Africa.

If you did community service in the UK because you were a drunk driver then the case was not withdrawn. A community order is made after a guilty plea or a conviction, and it will show up.

Admit to it on the form. The offence was minor, confirmed by the low level community order.

The worst that will happen is you will be told "not yet". See para 3.8 of the good character guidance (Google it): a non-custodial disposal can ground a refusal but the caseworker has to consider the number, frequency and severity of disposals in deciding whether good character is not met.

My money is on you being ok (3.8.c) if this is all that shows up...

Not mentioning it will be a big deal and will get you into "not for a lot longer than if you had told us" attempted deception territory.

Good luck and let us know how you get on.