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Citizenship Application Refused - Adv Pls

Posted: Tue Jan 17, 2012 7:21 am
by gkskumar12
My Citizenship application has been refused.

I have received a FPN in 2009, which i failed to pay and the matter went to court (Speeding 40 in 30 MPH).I pleaded guilty by post and the court issued a fine of 180 pounds and 3 points in my license.

In my BC application i have mentioned my circumstances and requested for an exception.

My BC refusal says, You were convicted in court and this will not be spent till next 5 yrs, as your conviction is not one that we would normally disregard, nor we find grounds to disregard it exceptionally outside our published policy we cannot be satisfied that good character requirement is met.The application has therefor been refused.

I am given the option to appeal.

So can i pls request for all members help , what is the best way to put my appeal application.
Please help me with what to write in my appeal.
In Case workers guidance the below info is given

3.2.2 Where the applicant is of good character in all other
respects caseworkers should normally be prepared to
overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these
fines are not classed as convictions and as such do
not attract a spent period (see paragraph 3.2.3).

Please can some advise me on what to write .

Your help is much appreciated .
Thank you.

Posted: Tue Jan 17, 2012 11:17 am
by PG1983
From your post, it does appear that you have shown good character apart from that FPN. Did you explain fully in the application the reason behind not paying the FPN in time and the matter having to go to court? If not, then you may like to do so in your appeal. I don't know if character statements from reputable members of local community (MP, member of local council, religuous minister etc.) would help? Have you consulted an immigration specailist solicitor?

Posted: Tue Jan 17, 2012 11:38 am
by friendinneed
On what grounds are you wanting to appeal? You had a FPN which because you didn't pay you received a subsequent conviction for.

What exceptional circumstances were there that resulted in you failing to pay the FPN?

Posted: Tue Jan 17, 2012 6:28 pm
by damidamz
sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine

Posted: Tue Jan 17, 2012 6:37 pm
by vegeta_2009
how long have you been here? if you have been in the UK lets say 9 years and you only had one minor offence then i think you have a good chance at appealing.

i think it must have looked bad because you didnt pay at the time and not promptly , otherwise they would have ignored.

dont lose hope, get advice from a solicitor for an alternative opinion.

Posted: Thu Jan 19, 2012 11:21 am
by addh
since u did not pay in time, that is a criminal conviction...

Posted: Thu Jan 19, 2012 11:22 am
by addh
damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
ur case might be different. If u paid in time, than the FPN is not a criminal conviction and u never needed to mention that one

Posted: Sat Jun 16, 2012 7:35 pm
by Lennuci
damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
Was yours approved before or after april 2011?

Posted: Sun Jun 17, 2012 4:04 am
by Lennuci
damidamz wrote:sorry about it mate. i had a similar circumstances with you because i was given 6 points in court for dangerous driving and i didn't declare it on my application and my application was successful. if i did declare it, then i will definitely been unsuccessful because i have to wait 5 years to be classed spent.

for your situation, i don't think there is anything you can do to be honest because they would classed it as not a good character and you can't reapply because they've already had you on there system now and you have to wait 5 years

just try your luck and appeal and tell them why you didn't pay the fine
Was yours approved before or after april 2011?

Can I reapply

Posted: Sat Sep 29, 2012 10:49 am
by gkskumar12
Hi
My CRB Chk says I have no convictions,can I reapply for naturalisation again, although my rejection letter says I should apply after 2015.
Pls. Advise
How do they Chk criminal convictions,I did enhanced CRB Chk and it says no convictions!!!!!!

Pls advise my options as I can't wait till 2015.

Thanks