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Section 59 Warning and naturalisation

Posted: Thu Oct 10, 2019 11:38 am
by tamoni
Hi all,
I need some advice please. My husband is eligible to apply for naturalisation in 2 weeks time. BUT I have concerns... in June 2018 he received a section 59 warning for careless driving and back in 2015 there was a simple caution. I’m not concerned about simple caution as it was 4 years ago. I’m concerned about Section 59 warning. Does it mean Section 59 is an out of court disposal and we have to wait for 3 years to apply for naturalisation. And if we apply in November 2019 and the application is refused can we reapply later ? Or once it is refused my husband won’t be able to become national ever.

Re: Section 59 Warning and naturalisation

Posted: Thu Oct 10, 2019 11:55 am
by aman90
It’s a warning/caution not a conviction.
Of course you can reapply.

Re: Section 59 Warning and naturalisation

Posted: Thu Oct 10, 2019 12:15 pm
by tamoni
aman90 wrote:
Thu Oct 10, 2019 11:55 am
It’s a warning/caution not a conviction.
Of course you can reapply.
Thank u, I know it’s not a conviction but it is also said in the guidance: A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” includes Fines, Cautions, Warnings and Reprimands... and the application will be refused if disposal occurred in last 3 years. So what I understand this section 59 is a warning and it is recorded in criminal record and we need to wait for 2 more years (one year passed already). Correct ?

Re: Section 59 Warning and naturalisation

Posted: Sat Oct 12, 2019 10:25 am
by tamoni
Hi all... any chance I can get some opinions please ... do we wait for 2 years for the 3 year period to finish or section 59 isn’t the kind of warning that is mentioned in the guidance and we can apply straight away.