Conviction with fine after 3 years. Overlook or st

drdrjackbauer · Post by **drdrjackbauer** » Thu Jan 24, 2013 11:01 am

Just a quick question that I know lotz of people have the some question:

under the new 3 years rule.

IF you have a conviction only with a fine, and you wait after 3 years then apply.

Will UKBA overlook this/these convictions just like there are not there, or they can still refuse your application based on these convction although 3 years has been past?>

rod_p · Post by **rod_p** » Thu Jan 24, 2013 1:05 pm

Since your question is pertaining to December 12th changes, there are no test cases here to use as proof yet.

Depending on opinions on an internet message board, considering the above, would not exactly be the wisest when risking 851 quid.

Why not call UKBA or an OISC lawyer for an answer.

Or try NCS. When I applied at my local NCS, the worker wasn't sure about something in my application and she phoned a dedicated UKBA number ( for NCS queries ) and it was answered by a live attendant on the first ring!

Ir0nMatt · Post by **Ir0nMatt** » Thu Jan 24, 2013 9:34 pm

You've pretty much hit the proverbial nail on the head. The rule _sounds_ like those of us with fines from circa 2009 can apply now... but there are no test cases yet to be certain!

I think I am going to go the NCS route. I'm not willing to risk £851 on this without more assurance, but I am willing to risk £65 (the cost of a local NCS appointment). Last year, my partner successfully applied for British citizenship via NCS. I accompanied her to the appointment, and was very satisfied with the way that they handled everything.

drdrjackbauer · Post by **drdrjackbauer** » Thu Jan 24, 2013 9:40 pm

You've pretty much hit the proverbial nail on the head. The rule _sounds_ like those of us with fines from circa 2009 can apply now... but there are no test cases yet to be certain!

I think I am going to go the NCS route. I'm not willing to risk £851 on this without more assurance, but I am willing to risk £65 (the cost of a local NCS appointment). Last year, my partner successfully applied for British citizenship via NCS. I accompanied her to the appointment, and was very satisfied with the way that they handled everything.

thank you very much for letting me know.

ye we have the same thought, i agree it is crazy to risk 800 pounds which is also very stupid.

so wot i did is :

I have refer my case to a immgration lawyer which charge me 400 pounds for applying the BC on my behalf. and, if the BC application failed, 400 poudns will be returned to me which is inside the contract between me and my lawyer.

therefore, it is also their best interested to help me get my BC or they dont get paid.

we have a telephone meeting about 1 hours to discuss my case and they confident that i can get it .

so i think this pretty much gives me the insurance, but anyways i really want to hear wot u think?

so wot do you think of it ?

Ir0nMatt · Post by **Ir0nMatt** » Thu Jan 24, 2013 9:46 pm

That sounds like a good plan!

When are you going to submit the application? I'm out of the country right now; back at the start of next month. I'm thinking it will take me a few weeks to pull together the materials, so I hope to apply in early March -- about five weeks from now.

Let's keep sharing information and see how it goes. Good luck!!

drdrjackbauer · Post by **drdrjackbauer** » Thu Jan 24, 2013 10:25 pm

yes of course

my last conviction is 04/05/10 so i can apply in 04/May/2013

defo keep in touch

but i have already my laywer to prepare the documents now

defo keep it touch

rod_p · Post by **rod_p** » Thu Jan 24, 2013 10:37 pm

DrJack,

My advice to anybody who is experiencing stress is to contact a no-win no-fee solicitor.

That's exactly how I obtained my ILR - which I was quite stressed about and was concluded with ease.

The lawyer asked me the same questions over and over - he wanted to be certain he was going to be successful and he had a very good idea what would and would not fly with his home office contact ( and he just wouldn't waste his time ).

My opinion is that 400 quid for a lawyer to work on your case is extremely good value and I think anybody who is feeling similarly stressed ( as you ) should promptly send a PM to you and get your lawyer's contact info.

BTW. I am not the lawyer but in 20+ years of doing working as a independent businessman, I have learned there are certainly situations where throwing money at both lawyers and accountants ( especially with a recommendation ) have a very strong return. This IMO is one of them!

msx2013 · Post by **msx2013** » Wed Feb 06, 2013 8:31 pm

Ir0nMatt wrote:You've pretty much hit the proverbial nail on the head. The rule _sounds_ like those of us with fines from circa 2009 can apply now... but there are no test cases yet to be certain!

I think I am going to go the NCS route. I'm not willing to risk £851 on this without more assurance, but I am willing to risk £65 (the cost of a local NCS appointment). Last year, my partner successfully applied for British citizenship via NCS. I accompanied her to the appointment, and was very satisfied with the way that they handled everything.

I am not advising against the use of NCS but NCS will not be able to recommend or comment on whether an application will be successful. They only check for completeness and document authenticity.

I'm in a similar situation with the OP - please see thread: http://www.immigrationboards.com/viewtopic.php?t=123631

I'm waiting for some info back from UKBA - if I don't hear anything, I'm going to risk and apply sometime next week. I think I could be one of the few test cases!

londongrl12 · Post by **londongrl12** » Sat Feb 09, 2013 3:54 pm

Hi there, my husband recently applied for citizianship, he received a fine for driving without valid license (he had international but should have applied for UK) and for no valid insurance,we couldnt apply in 2009 due to the fine and thought we would need to wait till January next year for the 5years to be spent but when we saw this was 3years we decided to try. We went to a NCD and within 4weeks of applying we received letter to confirm he has been granted BC!!! So i would say as long as ur over the 3years go ahead and apply. Good Luck!

msx2013 · Post by **msx2013** » Sat Feb 09, 2013 4:02 pm

londongrl12 wrote:Hi there, my husband recently applied for citizianship, he received a fine for driving without valid license (he had international but should have applied for UK) and for no valid insurance,we couldnt apply in 2009 due to the fine and thought we would need to wait till January next year for the 5years to be spent but when we saw this was 3years we decided to try. We went to a NCD and within 4weeks of applying we received letter to confirm he has been granted BC!!! So i would say as long as ur over the 3years go ahead and apply. Good Luck!

awesome! thanks for getting back to the forum - very few do. I was going to take the hit and apply anyway - your response has given me a little more confidence.

soapdrop · Post by **soapdrop** » Sat Feb 09, 2013 5:16 pm

londongrl12 wrote:Hi there, my husband recently applied for citizianship, he received a fine for driving without valid license (he had international but should have applied for UK) and for no valid insurance,we couldnt apply in 2009 due to the fine and thought we would need to wait till January next year for the 5years to be spent but when we saw this was 3years we decided to try. We went to a NCD and within 4weeks of applying we received letter to confirm he has been granted BC!!! So i would say as long as ur over the 3years go ahead and apply. Good Luck!

Wow this is great news for most people who are doubting whether to apply or not due to a conviction such as driving without insurance. It has just cleared the way for me as well

. Thanks a lot for sharing. Already completed the forms and will book NCS appointment on Monday.

Gagan1986 · Post by **Gagan1986** » Sat Feb 09, 2013 7:14 pm

drdrjackbauer wrote:Just a quick question that I know lotz of people have the some question:

under the new 3 years rule.

IF you have a conviction only with a fine, and you wait after 3 years then apply.

Will UKBA overlook this/these convictions just like there are not there, or they can still refuse your application based on these convction although 3 years has been past?>

Go ahead and apply, you have nothing to worry for. As long as 3 years have passed, they cant refuse your application as per new rules

londongrl12 · Post by **londongrl12** » Sat Feb 09, 2013 9:02 pm

No problem, we looked on here and phoned a fee legal people who all advised we dont apply but we did and soo happy we did. Good luck every1!x

Karnavati · Post by **Karnavati** » Mon Jul 08, 2013 2:34 am

Hi All,

Please can the successful applicants let me know if they had a covering letter while making the application, detailing or explaining their conviction?

Thanks.
KS

Ir0nMatt · Post by **Ir0nMatt** » Mon Jul 08, 2013 2:39 am

Hi Karnavati,

I did not include a covering letter. Basically, it is not necessary. If your conviction was within the current exclusion period (now three years for non-custodial offenses), you are highly unlikely to be successful -- letter or not. If your conviction was further back than that, it won't be considered and so a letter is not needed.

Good luck with your application!

Karnavati · Post by **Karnavati** » Mon Jul 08, 2013 2:47 am

Thanks Ir0nMatt for the prompt response.

My drink drive conviction was back in Jun 2008.
Since then I also applied for my ILR and got that.
I had honestly declared about my conviction on the ILR application.

Basically am I right in assuming that I would not need a covering letter?

Thanks.

Ir0nMatt · Post by **Ir0nMatt** » Mon Jul 08, 2013 2:52 am

Yup, that's right.

Until April 2010, convictions were not a factor for getting ILR. Hence it was no problem for you (or for me).

For citizenship, the old rules (Dec 2012 and earlier) said that a conviction without jail time was a bar to citizenship for five years. Under the new rules, this is reduced to only three. With a June 2008 conviction, you would be fine either way.

Post by **Amber** » Mon Jul 08, 2013 3:33 am

Immigrationboards.com: Immigration, work visa and work permit discussion board

Conviction with fine after 3 years. Overlook or st

Conviction with fine after 3 years. Overlook or st

thank you

yes of course

Re: Conviction with fine after 3 years. Overlook or st