Will different Road Tax on the car affect my application?

[azad]

Hi
I am going to apply for naturalisation, I have got just one concern. On Feb. 2008 the police found out that my car, which was parked in front of garage, had Road Tax from another car on it. I was convicted and charged £100 fine in court. I pleaded guilty in first instance, as I was advised by solicitor.
I am really confused and not sure if it's going to affect my application for naturalisation. I have been in UK for 10 years with indefinite to leave with clean driving licence, held for 5 years.
Should I apply now, or wait? Or any other advice?
Please help me. Would appreciate any advice.

[Backer]

Have a look at the link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You have to declare it on the application and I think it will be subject to discretion. The worst that can happen is that you loose your application fee. Another option would be to wait until 2013 when the conviction is spent.

[azad]

thanks for your reply backer
I looked at the link you gave me before... but couldn't find anything about my situation!
i'm curious is it minor offence? I guess £100 is small fine, isn't it?

We will normally disregard a single conviction for a minor offence resulting in a bind over,
conditional discharge or relatively small fine or compensation order, if a person is suitable
for citizenship in all other respects. By “minor offencesâ€

[Backer]

There are no instructions for your specific offence. This is why it will be up to the specific caseworker discretion. You are not without a chance but then again you might be refused.

As I said the worst that can happen when you declare your offence would be loosing the application fee and you can always apply again conviction is spent.

[Kitty]

I would be cautious that they might classify it as a "crime of dishonesty": even if apparently minor these are very unlikely to be overlooked. It's not the same as a speeding ticket.

[John]

azad, can you explain how the wrong tax disc came to be on your car?

[azad]

See John, I bought two damaged cars on Northern Salvage Auction and took them to my friend's garage to be fixed. When one of the car was ready, they drove it out and parked in front of garage. In the early morning the area has been checked by Immigration and police regarding illegal workers. All the garages were checked. In my friend's garage they didn't find anything illegal except Road Tax on my car, which actually belonged to other vehicle parked with unlicensed cars. Officers asked me what I was doing there and I just said that I have cars there to be fixed. I didn't know that Road Tax on my car was wrong, it came like that from the auction. And then police told me that I will be charged for keeping unlicensed vehicle on the road. After couple of months I got letter that my case will be considered by court. I was advised by my solicitor to plead guilty in first instance, he claimed that I will be charged either by dvla or by court, so actually there's no difference. I did, as I was advised and they charged me £100 fine. When I got the letter from police I saw my case was classified as Vehicle Exise Registration Act 1994 Section (44).(1)
That is the story.

[sharat]

Hi
I am going to apply for naturalisation, I have got just one concern. On Feb. 2008 the police found out that my car, which was parked in front of garage, had Road Tax from another car on it. I was convicted and charged £100 fine in court. I played guilty in first instance, as I was advised by solicitor.
I am really confused and not sure if it's going to affect my application for naturalisation. I have been in UK for 10 years with indefinite to leave with clean driving licence, held for 5 years.
Should I apply now, or wait? Or any other advice?
Please help me. Would appreciate any advice.

Was a notice served by the police prior to conviction?. If yes, what was the charge/code in that. As rightly mentioned by someone, If you are convicted you have to declare it in the application.

[azad]

hi sharat
i was convicted by
Vehicle Exise Registration Act 1994 Section (44).(1) .. £100 fined...
but i don't know is it minor offence? or it's small fine ?

[chunkybeefsoup]

I know someone else who got done for the same thing. If it was just a case of the tax disc expiring then it is minor but if you have used it on another vehicle this person in question also got done for deception - 2 charges.

[Backer]

Azad, You are wasting your time. No one will be able to provide you with certainty either way. It will be up to the specific caseworker.

If you disclose your offence (as you should) the worst you face is loosing your application fee. Otherwise, wait for 5 years when the fine/conviction gets spent.

[geriatrix]

Wondering if size 18 font helps make the offence any smaller? Or is it an attempt to seek attention?

Agree with Backer.


regards

[azad]

Backer thanks for reply.
I'm not sure 100% if this offence will affect my application, that's why I posted topic in here, hoping that someone had similar situation and could advise me. Anyway I have appointment with solicitor on Wednesday so then I will make my decision based on his advice.

[John]

I'm not sure 100% if this offence will affect my application

I think that is the wrong way to look at this matter. It would be far better to say "I'm cannot be sure that this offence will not affect my application".

Clearly the safest action is not to apply for Naturalisation until the conviction is "spent" ... 5 years after the date of conviction.

[azad]

Thanks John, anyway I'm gonna speak with solicitor and if he says I have any chances, then I will try if not - then I will have to try again on 2013

[mumtos]

hi azad....can you tell what happened now?

I mean wat did the solicitor say and what have yiu decided???

Please keep us updated

Thanks..

[azad]

hi mumtos, I have appointment with my solicitor on Wednesday, then obviously I will keep you update

[azad]

so I was in solicitor yesterday, and he agreed to go with the application, even he said it is very likely it will be rejected. But with the reference of character from my concierge, gp reference, letter from charity etc still we can have some chances to get the citizenship. So I will keep you updated, cause I'm planning to send my application in following days.

[azad]

I posted today my application for citizenship through solicitor. I attached some papers which can make my case stronger, like letter from police who thanks me for bringing back lost purse, working with charity for 7 years, reference of character etc.
Hopefully it will be accepted, will keep you updated as soon as will get any news fingers crossed

[mumtos]

did u get any reply??????i mean u must have got the acknowlegement letter but any decision?????
plz upadte...thanks

[azad]

hi mumtos
i have send my application for citizenship through solicitor on 27/09/2010
Date of debit of debit/credit card on 05/10/2010
Date of receipt of acknowledgement: 11/10/2010
thats all im still waiting

[avjones]

hi sharat
i was convicted by
Vehicle Exise Registration Act 1994 Section (44).(1) .. £100 fined...
but i don't know is it minor offence? or it's small fine ?

Your problem is that this is a dishonesty offence, as s.44 provides:

(1)A person is guilty of an offence if he forges, fraudulently alters, fraudulently uses, fraudulently lends or fraudulently allows to be used by another person anything to which subsection (2) applies.

The guidance says:

Caseworkers should not normally disregard any unspent conviction that falls into the following categories irrespective of the severity of the sentence imposed:

a. Offences involving dishonesty (e.g. theft, fraud)


So I reckon you're most likely to be refused until the conviction's spent.

[azad]

but still there's chance to get do I rely on this chance; I described properly my offence and attached some documents which should make my application stronger, yet still I'm waiting for the decision, will keep you updated.

[avjones]

Best of luck.

[mumtos]

any luck???????