Effect of guilty plea on ILR and Naturalisation

[makkan00]

This question is applicable to both ILR and Naturalisation. Since Naturalisation is end product, so I thought to post it here.

Unfortunately, I have been involved in road traffic accident. Stating my situation, I have been told that I will be summoned to court to get prosecuted. I may be charged for careless driving and in worst case, I may be charged for dangerous driving. No injuries involved (other than typical whiplashes).

I would like to ask, what should I do. I am responsible for the accident as I hit the other car from the rear and it created chain effect. Now when it goes to the court, shall I go straigh for guilty plea? As I have no other option and I do not want to make things any complicated so I will go for guilty plea.

My previous history is 3 fixed penalty points (SP30: exceeding 30MPH) and it was unintentional.

Now with guilty plea, I may get 6-9 points further on my license and possible ban for 3-12 months depending on how court takes it. Careless driving or dangerous driving.

My current immigration situation is Tier 1 general.

My Questions to experts here are:

1- Will this effect on my ILR which is pending at the end of 2013?

2- Will this effect on my Naturalisation?

3- As I read somewhere that if your case goes to the court and you have been convicted in the court, you will never get Naturalisation. No matter whatever you do. Is it true?

4- Is there any exception to question 3? Is there any way of getting Naturalisation on the basis of your children being born here, or when your Mrs get naturalisation, or on any other basis?

5- Will guilty plea help at any stage?


I hope somebody will answer my concerns. Many thanks.

[friendinneed]

1) Cant help as didn't go down the ILR route

2) If you plead guilty or are found guilty then yes, you will almost certainly be automatically rejected for naturalisation due to not meeting the good character requirement until the conviction is "spent"

3) Not 100% true, minor convictions get "spent" after a period that is defined by the nature of the punishment you receive. See http://www.lawontheweb.co.uk/Road_Traff ... enders_Act for the length of time for each type of conviction to be considered spent. Only if you receive a jail sentence of 2.5 years or more is it never spent.

4) No, there is no automatic right to become British

5) A guilty plea could help but really you would need proper legal advice.

As far as I am aware for Careless Driving the most you will get is a fine and so it would block you from naturalising for 5 years from the date of the conviction. A guilty plea should make the conviction sooner but obviously with a not guilty plea you may be found not quilty and therefore not blocked.

With Dangerous Driving there is the risk of a prison sentence of up to 2 years. Whilst this still wouldnt permanently block you from applying to be british depending on the sentence it would stop you for 5-10 years. By entering a guilty plea you are likely to get a reduced sentence and therefore potentially reduce the amount of time you are blocked for but again if you went for not guilty and were found innocent then you'd not be blocked at all.

A solicitor will have a much better idea of the likely sentence for Dangerous Driving given the circs, your situation etc and the impact of an early guilty plea to be able to help you decide what to do.

[makkan00]

Thanks very much friendinneed. Appreciate your input.

I am trying to get legal help with this issue, however as legal advice will be for driving alleged conviction, therefore they may not be able to advice on immigration status.
That is why, I asked here.

I will wait if somebody can reply to my question 1, and if not, then I guess I have to post this question under ILR section again.

Many thanks.