Unsuccessful applications

[royh]

After reading your situation, I really hope you get a successful appeal on this.

[Serina26]

Thanks Roys, my solicitor has sent a reconsideration request, and I'm awaiting a reply.

Serina

[ladapower]

Hi there,

I am new in this site, and there are loads of info that is just overwhelming

So here is my story... I am Hungarian (A8 country) and I've been in the UK for a bit more than 6 years. When I first came, I registered with the WRS but resigned from my first job just before the 12 months completed (8 days short... A bit angry now...).
After about 3 months I went back to the same employer but didn't register again as in that time I didn't know I have to do it again.

Couple of days ago I went to the NCS and I was told, because I resigned 8 days before my 12 months completed I cannot apply for BC and I have two options:

1) Wait till 2017 and try again or;
2) Apply for resident card, hold it 12 months and try again.

Here is my confusion: the 2nd option is kinda new for me, as I am not sure which resident card I suppose to go for: EEA2 or EEA4? I guess EEA2 but I still don't know how does it affect the fact I didn't complete the required WRS period?
Also I red the FAQ and this site doesn't mention anything about it.. Just this:

Q6: I'm an EEA national from A8 country. I never registered with WRS and the scheme has been abolished in 2011. Can I still apply for naturalisation?

Under EEA regulations, EEA nationals from the new joiners in 2004 (the A8 countries) were required to register with the HO within 30 days of starting employment (there were exemptions in certain cases). This scheme was abolished in April 2011. It was the responsibility of the employee to register.

If you never registered, then your employment years can't be counted as lawful under the EEA regulations and will not lead to PR and British citizenship. This means that your 5 years for PR (and 6 years for BC) started in May 2011 (when the scheme was closed). You should be able to apply for naturalisation in 2017.

Summary: I am working here for more than 6 years ago. All my papers, payslips, P60s, etc, included my referees are fine, except this little annoying shortage of the WRS.

What options do I have?

If anyone could help me with this confusion.... Well that would be wonderful

Thanks,
LP

[EU2015]

Ok this worries me.. I got my licence suspended for 6 months after driving without proper insurance (it was my wifes car, long story) I also have 2 speed camera tickets.. this was a year ago, I appealed but lost and had to pay. I do not have a criminal record of any kind.

I haven't yet sent the paperwork, is this something I should mention? will it automatically disqualify me?


thanks

[akhurshid]

Ok this worries me.. I got my licence suspended for 6 months after driving without proper insurance (it was my wifes car, long story) I also have 2 speed camera tickets.. this was a year ago, I appealed but lost and had to pay. I do not have a criminal record of any kind.

I haven't yet sent the paperwork, is this something I should mention? will it automatically disqualify me?


thanks

Please list offences including date of offence and appeal/court decision.

[EU2015]

Ok this worries me.. I got my licence suspended for 6 months after driving without proper insurance (it was my wifes car, long story) I also have 2 speed camera tickets.. this was a year ago, I appealed but lost and had to pay. I do not have a criminal record of any kind.

I haven't yet sent the paperwork, is this something I should mention? will it automatically disqualify me?


thanks

Please list offences including date of offence and appeal/court decision.

Speeding: 05/05/2013 & 14/08/2013 (3 point fixed penalty each)
Driving without insurance: 1/10/2013 (6 point fixed penalty)
Appeal court decision: 28/02/2014 (6 point + fixed penalty + court fees + 6 month driving ban because of 12 points)


Many thanks!

EU

[akhurshid]

If you apply before 3 years of court decision, your application will be automatically refused.
You can apply after 3 years of court decision. You'll need to declare the convictions. Still no guarantee that your application will be approved due to offence history but if no further offence is committed between now and time of your application, it will go in your favour.

[EU2015]

If you apply before 3 years of court decision, your application will be automatically refused.
You can apply after 3 years of court decision. You'll need to declare the convictions. Still no guarantee that your application will be approved due to offence history but if no further offence is committed between now and time of your application, it will go in your favour.

Thanks, thats tough to hear, well if they don't want me who am I to tell them otherwise, unfortunately I cant wait 3 years.


Many thanks,

EU

[akhurshid]

No worries.
If you do decide to go ahead with application, make sure you declare them else not only you'll be refused, you'll be banned from applying for 10 years. HO has access to this information at their finger tips!

[EU2015]

No worries.
If you do decide to go ahead with application, make sure you declare them else not only you'll be refused, you'll be banned from applying for 10 years. HO has access to this information at their finger tips!

I did a bit of research and found this thread http://www.immigrationboards.com/indefi ... 77-20.html

Hello Guys,

With the grace of Allah, I got my ILR approved today.

This may help someone.

Submitted CRB Check and PNC check (both were clean)

Also put a printout of Part 9 of immigration rules, and highlighted
the text that says that the Criminal conviction should be recorded
for refusal.

Also put a printout from http://www.drivingban.co.uk where they mention
totting up ban is not considered a criminal offence and is not recorded
as it is not an arrestable offence.

Also included a persoanl letter to caseworker, stating why i chose to
apply; and referenced the above information so they can refer to it
quickly.

was called in around 10:30 and the woman said all is fine with my
application and a BRP will follow in next 10 days.

Thanks to amber and everyone else for their time and expert advice.

So anybody out there with 2 speeding fines and 1 Driving without insurance in last 24 months and your CRB and PNC comes clean
give it a try you might get approved like I got today.

Thanks immigrationboards and the members.

How similar is the process for IRL and Citizenship? I've a full Police Certificate check done before and this driving ban did not show up.... I'm starting to question your judgement on your "automatically refused" verdict, how sure are you of this?


Thanks,

EU

[akhurshid]

That does not apply to you. If you appeal against an FPN and it is upheld, that is considered as non custodial sentence which means application will be refused for 3 years.

[Serina26]

That does not apply to you. If you appeal against an FPN and it is upheld, that is considered as non custodial sentence which means application will be refused for 3 years.

Mine was an error of assessment. The caseworker mis-interpreted the guidelines related to pcn & fpn and the difference between the two. A pcn is NOT a criminal offence. An unpaid pcn becomes a civil debt potentially recoverable through courts after the issuing of a charge certificate and later on an order of recovery have failed. Only at this stage would it become a conviction. An unpaid FPN, however, would automatically lead to criminal proceedings which may result in a motoring conviction. The latter amounts to a non-custodial sentence that comes under a 3 year ban as far as a citizenship application is considered.

Serina

[akhurshid]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

[rsa707]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

Hi one quick question, what about if some one appeal against a PCN to council and if council rejects the appeal which is usually always the case. Will the person also be considered guilty (no court is involved here) And if PCN is paid after initial rejection of appeal from council without going to PATAS. Will it be fine or need to wait as for FPN appeal rejection in court.
IF some one can clarify, I will be thankful
Especially Amber or any other senior member of forums.
regards

[rsa707]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

Hi one quick question, what about if some one appeal against a PCN to council and if council rejects the appeal which is usually always the case. Will the person also be considered guilty (no court is involved here) And if PCN is paid after initial rejection of appeal from council without going to PATAS. Will it be fine or need to wait as for FPN appeal rejection in court.
IF some one can clarify, I will be thankful
Especially Amber or any other senior member of forums.
regards

[rsa707]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

Hi one quick question, what about if some one appeal against a PCN to council and if council rejects the appeal which is usually always the case. Will the person also be considered guilty (no court is involved here) And if PCN is paid after initial rejection of appeal from council without going to PATAS. Will it be fine or need to wait as for FPN appeal rejection in court.
IF some one can clarify, I will be thankful
Especially Amber or any other senior member of forums.
regards

[Serina26]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

PATAS is NOT a court; it's an independent civil arbitration service. Only judges can hand in custodial/ non custodial sentences after the issuing of a conviction. The latter can only be issued at the end of criminal proceedings, something which PATAS don't have the authority to deal with.

Serina

[Serina26]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

PATAS is NOT a court; it's an independent civil arbitration service. Only judges can hand in custodial/ non custodial sentences after the issuing of a conviction. The latter can only be issued at the end of criminal proceedings, something which PATAS don't have the authority to deal with.

Serina

[rsa707]

Hi Serina,
Any word on your reconsideration request?
Have you provided the details of PCN in your citizenship application or not?

regards
raja

quote="Serina26"]

Yeah but OP has an FPN and court uplheld it so 3 years ban.

Any word on your reconsideration request?

PATAS is NOT a court; it's an independent civil arbitration service. Only judges can hand in custodial/ non custodial sentences after the issuing of a conviction. The latter can only be issued at the end of criminal proceedings, something which PATAS don't have the authority to deal with.

Serina[/quote]

[Serina26]

Finally got a reply from HO. My reconsideration has been successful after an 8-month battle. I can't believe that the HO employs such a an incompetent bunch of people (caseworkers), who don't even know the definition of a conviction/ non custodial sentence. Worse, the HO provides such a bad quality training to its staff. My immigration journey is now over, at last! Thank you to everyone on here. My advice would be: if you feel the wrong decision has been made on your application, don't give up; challenge it and keep fighting. Good luck to all those awaiting a decision.

Serina

[akhurshid]

Nice one Serina, congrats.

[rsa707]

Finally got a reply from HO. My reconsideration has been successful after an 8-month battle. I can't believe that the HO employs such a an incompetent bunch of people (caseworkers), who don't even know the definition of a conviction/ non custodial sentence. Worse, the HO provides such a bad quality training to its staff. My immigration journey is now over, at last! Thank you to everyone on here. My advice would be: if you feel the wrong decision has been made on your application, don't give up; challenge it and keep fighting. Good luck to all those awaiting a decision.

Serina

Nice Serina, Congratulations.

[mah]

Congrats Serina!

[royh]

Finally got a reply from HO. My reconsideration has been successful after an 8-month battle. I can't believe that the HO employs such a an incompetent bunch of people (caseworkers), who don't even know the definition of a conviction/ non custodial sentence. Worse, the HO provides such a bad quality training to its staff. My immigration journey is now over, at last! Thank you to everyone on here. My advice would be: if you feel the wrong decision has been made on your application, don't give up; challenge it and keep fighting. Good luck to all those awaiting a decision.

Serina

congrats. Goes to show the system isn't always right and common sense should prevail.

I don't know what would be worse, incompetence or them desperately trying to find anything to refuse ppl for any little thing for immigration quotas or something.

[kwaks]

I need some advise here if anybody can help me please. My application has been refused on the basis that I had a traffic conviction in january 2014. So the story is I had got a court order for exceeding speed limit in june 2013. The police said they sent me a fixed penalty notice and fine which I honestly did not receive. So the first letter I received was the court letter. I spoke to them about it in December 2013 and was advised that it had already been to court so best option is accept the charge and pay the penalty fee which i did. I have got police confirmation of my phone calls. I have done numerous voluntary work and the job i do is in a position of trust (Doctor). I want to apply for reconsideration with evidence of police email confirming my contacts with them before court and I have also requested for original court documents which I stated clearly that i did not have the option of taking the fixed penalty points before the case was taken to court. So is there anything you guys would advise please. I believe this is really unfair as I have contributed immensely in my local community but I failed to add the documents to the original application because I never this speeding thing was an issue. Thanks