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Applying for naturalisation with non-recordable offence
Posted: Thu Feb 03, 2011 12:02 am
by mdiliev
I am just wondering if someone has been through it. I had an incident with a bike on 5/6/6. The case went to court so the other party could claim for injuries (I tried to open my parked car door and a cyclist coming from behind saw it and pressed his brakes hard. He fell over and hurt his arm. There was no collision but an ambulance and police were called at the time). On 8/3/7 the court issued a fine of £60 (the offence is opening a door as to endanger/injury a person). They did not ask for my driver licence, so it is clean. I got a Subject Access and it does not show anything against me. I called APCO as well and they said that this is non-recordable offence. When I asked if it is a spent or not spent conviction, the policemen said it is a kind of a spent but not exactly. I called UKBA but they find it very strange when I say it is non-recordable. They say I shall explain in the application but if there is no chance to be approved now what is the point of applying now.
Has anyone been there?
I'd appreciate your comments
Posted: Thu Feb 03, 2011 8:02 am
by Backer
If a court issued you with a fine then you should declare it. You should explain the incident in your application and it is most likely to be approved assuming it's your only court conviction/fine.
Posted: Thu Feb 03, 2011 9:00 am
by mdiliev
Backer wrote:If a court issued you with a fine then you should declare it. You should explain the incident in your application and it is most likely to be approved assuming it's your only court conviction/fine.
This is indeed my only fine/conviction. I am just confused as the Home Office advises that if I have had any conviction through a court my application is most likely to be refused no matter the circumstances. On the other hand, as it is non-recordable it can't be really treated as spent/unspent. In fact, are the non-recordable convictions being spent at one point (the same as the others, in 5 years)?
Do you know it for a fact that it can be approved despite having a conviction in the last 5 years?
Thank you
Posted: Thu Feb 03, 2011 11:25 am
by Backer
The caseworker instructions provde the caseworker with discrection when it comes to a single minor offence - which seems to me to be your case. You can find the link to the good character guidelines in mine many other previous posts here.
There isn't 100% certainty they will approve your application but based on other postings here I beleive there is a good chance. You can also consult/use a solicitor and/or immigration advisor if you wish to increase your chances. No one in this forum will provide you with certainty either way
Posted: Thu Feb 03, 2011 11:39 am
by mdiliev
Backer wrote:The caseworker instructions provde the caseworker with discrection when it comes to a single minor offence - which seems to me to be your case. You can find the link to the good character guidelines in mine many other previous posts here.
There isn't 100% certainty they will approve your application but based on other postings here I beleive there is a good chance. You can also consult/use a solicitor and/or immigration advisor if you wish to increase your chances. No one in this forum will provide you with certainty either way
Many thanks:)