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Posted: **Fri Jan 03, 2020 4:45 am**

Hey Guys...

Please I need your help My name is Ali I came into the Uk sometime around 2010 as a student was able to maintain my visa till date with no breaks through my fiancee...I recently applied for my ILR through 10 years route and got it few weeks ago but my worry is when I applied for the ILR I never stated in the Good character section about my driving offence which are

I received a court fine of £480 and 6 Points in Feb 2018 on my license as I was unable to Identify driver as at the time of speeding due to my absence from the country.Actually my friend was the one driving the car by the time I got back I emailed then and wrote a letter but they said No the matter was already in court.

In june 2019 I got stopped for exceeding the speed limit again and got another 3 point road side with a fine....

Now i am looking to apply for my BC as my wife is a british citizen but I am not sure if I have to declare these or Just ignore as this is a minor offence......

Please help me guys

Posted: **Fri Jan 03, 2020 6:53 am**

If it went to Court, that is a conviction. (a) should have been declared on your Settlement application and (b) will likely lead to a refusal for citizenship for 3 years from when the conviction was given. It may also amount to deception in an immigration application.

Posted: **Sun Jan 05, 2020 12:14 am**

but my worry is when I applied for the ILR I never stated in the Good character section about my driving offence which are
I received a court fine of £480 and 6 Points in Feb 2018 on my license

This was a really bad call because now you are kinda stuck in between a rock and a hard place! This would be considered deception. If you mention it in your application, you'll be alerting them to it and if you don't mention it, they may discover it themselves. Either way, it'll be 10 years ban from the time they become aware of it. You now have to think of a way to convince them that this was not an intentional omission but a genuine error in failure to disclose. Aside from this issue, you're eligible to apply in 2021, 3 yrs after conviction but if the deception issue should arise and they don't accept it as a genuine error then it'll be 10 years from 2021, or earlier if you should choose to inform them earlier yourself as the rules currently stand.

https://assets.publishing.service.gov.u ... idance.pdf Page 46

Failure to disclose information required in a nationality
application
Where the applicant fails to disclose information that would result in the application
being refused on good character grounds, the application must be refused and any
further application for citizenship will normally be refused for the next 10 years. This
applies unless it is accepted that the failure to disclose was unintentional and a
genuine error.
Deception in previous applications
An application will normally be refused where there is evidence that a person has
employed deception either:
• during the citizenship application process
• in a previous immigration application in the previous 10 years
It is irrelevant whether the deception was material to the grant of leave or not.
An application will normally be refused if there has been any deception in the 10
years prior to the application for citizenship. For these purposes, the deception is
regarded as continuing until the date on which it is discovered or admitted. For
example, if a person used deception in an application in 2008, but that was
discovered or admitted to in 2010, the 10-year period would start in 2010.

Posted: **Sun Jan 05, 2020 4:13 pm**

Your application may be refused that you had failed to disclose the relevant information.

Posted: **Sun Jan 05, 2020 4:19 pm**

It would depend on (a) whether the failure to disclose was deliberate and (b) what material impact that would have had on the settlement application.

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