Driving disqualification and Citisenship application

[ivan111]

Hi.
Can anybody help me with advice on the folowing matter.
This year I am going to apply for UK citisenship base on WP and 1 year ILR. But recently I was fined and disqualified for driving in UK for 12 month. Although this is not a criminal offence, I have to state this in application for citizenship. Did anybody experience similar situation and have any idea on how badly this can affect application for citizenship?
Is there any time limit for this kind of offence after which I may not state it in my application? Is it worth waiting for another year before applying?

Thanks very much for your hepl.

[mhunjn]

There is some info about this in the guide.

You should mention about this in your 'character' page.
I don't see why it should cause any problems, as long as you have been through the necessary procedures (fine, etc etc).

If applying through NCS, you could always ring them up for advice.

[ppron747]

You need to wait until at least two years after the conviction, according to my reading of the "Good Character" annex in Nationality Instructions -here.

They take "unspent convictions" into account, and although the disqualification is "spent" when it expires, the fine remains unspent for two years. There is discretion to overlook a single minor offence, but it is made clear that drink-driving isn't minor...

[John]

But recently I was fined and disqualified for driving in UK for 12 month. Although this is not a criminal offence

Sounds very much like a criminal offence to me! And as already pointed out, the conviction clearly needs to be mentioned on the form ... if it has not become "spent".

[John]

the fine remains unspent for two years

According to this Rehabilitation of Offenders Act 1974 webpage, fines become spent five years after conviction, if the person is at least 18 years of age.

I don't claim to be an expert on this, so it is possible I am overlooking some factor.

[ivan111]

Thanks for your prompt reply.
After reading your comments I've got one more question.
What if I apply anyway and my application will be refused. Will I be able to apply again later?
Probably there is a plenty of information regarding such questions in your group. Just give me a link.

Thanks
Ivan111

[ppron747]

the fine remains unspent for two years

According to this Rehabilitation of Offenders Act 1974 webpage, fines become spent five years after conviction, if the person is at least 18 years of age.

I don't claim to be an expert on this, so it is possible I am overlooking some factor.

Yes - you're overlooking the same factor that I overlooked! As the Annex says, the two year period is the actually the suggested "clear" period, not the time it takes to become "spent".

Again, it is my interpretation - and I supplied the link so that people could see whether I was reading it correctly - but I remain of the view that Ivan111 is likely to be refused if he applies within two years of his conviction, albeit for a slightly different reason.

[ppron747]

Thanks for your prompt reply.
After reading your comments I've got one more question.
What if I apply anyway and my application will be refused. Will I be able to apply again later?
Probably there is a plenty of information regarding such questions in your group. Just give me a link. Thanks
Ivan111

You can apply as often as you like, Ivan111 - but you should be clear that you don't get a refund in the event of refusal. As you will have seen from the link I provided, there is provision for the Home Office to suggest when unsuccessful applicants might like to reapply.

[John]

Paul, I have just looked at the AN(NEW) form and clearly any unspent convictions need to be disclosed. So given the fine that was imposed a five year period seems to apply .... as regards disclosing the offence on the application form.

But the point you are making, IND may choose to disregard offences even before they become spent. This is in recognition of the fact that, as the document you linked to says, at 3.4.1 :-

In recognition of the fact that some convictions can never become spent, and therefore otherwise deserving applicants would be prevented from ever being naturalised, an unspent conviction may be disregarded if an applicant has remained free of further convictions for an appropriate period (the "clear" period).

Accordingly, turning this around slightly, until the clear period has expired, IND will not disregard the conviction rightly disclosed on the application form. Clearly the OP needs to take this into account when timing his application for naturalisation.

[ivan111]

Sorry I am not a loyer by profession and obviously a foregner, hence is this question:

"Rehabilitation of Offenders Act 1974" on page 21 in section "Rehabilitation periods prescribed by the Rehabilitation of Offenders Act 1974 (as amended) or Rehabilitation of Offenders (N.Ireland) Order 1978"
says that a period of 5 years applies for :
" A fine or any other sentence for which a different
rehabilitation period is not provided (e.g. a
community service/punishment order, compensation
order, or endorsements in driving licences). "

May I understand that in my case the rehabilitation period for a fine which is associated with driving disqualification is the same as driving disqualification? In this case it is 12 month then?

Ivan111

[John]

Ivan111, in this topic I have already given a link. If you refer back to that, on that webpage is says specifically :-

Endorsements

An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

Which seems to fit the bill ... exactly .... so it appears that the conviction is not spent until after five years.

It seems you look at the length of the suspension ... in your case, one year .... and the fact there was a fine ... which counts for five years .... pick out the longer of those ... five years ... and there you have the length of time until the conviction becomes spent.

So ... someone else .... banned from driving for seven years .. and also fined .... longer of 7 years and 5 years = 7 years ... conviction becomes spent after 7 years.

You probably had legal representation in Court. Why not ask your lawyer the simple question .... "when does my conviction become spent?".

You need to know for sure! The last thing you want to do is to complete a form AN(NEW) to apply for naturalisation and leave off the conviction before it is spent. You might even want to get that lawyer's advice in writing!

[ivan111]

Thanks John.
I've seen the definition of "Endorsement" on the link you provided. It was confusing for me. From your explanation I understand that that mathematics in this case is unfortunate for me.

Sure i asked my leagal representative the same question. He told me that he will find out and send me information before closing the casse. But i would not rely on this too much. In my experience if you whant something done - DIY.
Anyway, thanks very much for your help, gues. I will wait for my lowers reply.
The last thing I want to do is to complete a form and leave off the conviction before it is spent. I would rather write about the conviction and take my chanses. In the end of days it is not murder.

[JAJ]

The last thing I want to do is to complete a form and leave off the conviction before it is spent. I would rather write about the conviction and take my chanses. In the end of days it is not murder.

Not quite related to UK naturalisation, but you should be aware that a criminal conviction might impact on your eligiblity to visit or work in other countries later on.