need help on AN form please.

[rumee007]

Dear users,
i was trying to fill up this form and found it bit hard to understand some of its content as

" 3.6 Have you been convicted of any criminal offence in the UK or any other country?
Yes - go to question 3.7 No - go to question 3.8

Note: We will carry out criminal record checks on all applicants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences"

i dont have any criminal conviction but i had and offence on drink drive on 2006 dec. but i didnt mention about this drink drive offence when i applied for ILR last yr because as per rehabilitation of offenders act you do not need to mention it after 5 yrs.

1: Should i leave it this time aswel when i apply for naturalization.

another thing is i was given fixed 3 penalty points and £60 fine while driving and talking on mobile phone 6 months ago.

2:do i have to mention this even i have only 1 fixed penalty point and fine in last 12 months.?

last thing is on 2009 OCT when i applied for PSW visa i was refused and were given time to appeal on that decision. so i did appeal and got my visa MAY 2010. this 6 months in between i was in appeak process.

3: Does this 6 months appeal time counts breach of immigration laws during the residential qualifying period for naturalization.?

[Amber]

Dear users,
i was trying to fill up this form and found it bit hard to understand some of its content as

" 3.6 Have you been convicted of any criminal offence in the UK or any other country?
Yes - go to question 3.7 No - go to question 3.8

Note: We will carry out criminal record checks on all applicants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences"

i dont have any criminal conviction but i had and offence on drink drive on 2006 dec. but i didnt mention about this drink drive offence when i applied for ILR last yr because as per rehabilitation of offenders act you do not need to mention it after 5 yrs.

1: Should i leave it this time aswel when i apply for naturalization.

another thing is i was given fixed 3 penalty points and £60 fine while driving and talking on mobile phone 6 months ago.

2:do i have to mention this even i have only 1 fixed penalty point and fine in last 12 months.?

last thing is on 2009 OCT when i applied for PSW visa i was refused and were given time to appeal on that decision. so i did appeal and got my visa MAY 2010. this 6 months in between i was in appeak process.

3: Does this 6 months appeal time counts breach of immigration laws during the residential qualifying period for naturalization.?

It does not matter whether the conviction is spent or not you need to declare it. As it has been 3 or more years the drink driving will not be an automatic refusal. However, as it an offence of recklessness it can still be decided that your are not of good character. Are you married/civil P to a BC?

[rumee007]

thanx for your reply D4109125. as far as i remember i spoken to a immigration lawyer last year while i was doing my application for ILR and he clearly told me not to mention my drink drive offence as its already 6 years old. so by law i dont have to mention this 5 years after the date of you conviction.. but in naturalization form i got confused again. no i am not married to bc. i had ILR under 10 yrs lawful residence.

[Amber]

thanx for your reply D4109125. as far as i remember i spoken to a immigration lawyer last year while i was doing my application for ILR and he clearly told me not to mention my drink drive offence as its already 6 years old. so by law i dont have to mention this 5 years after the date of you conviction.. but in naturalization form i got confused again. no i am not married to bc. i had ILR under 10 yrs lawful residence.

After three years the offence will not be considered as an automatic refusal.

[rumee007]

yeah you are right..if its a non custodial offence..after 3 years its okay to declare. but my question was after 5 years do i still have to declare..any way..thanx again for your time

[Amber]

yeah you are right..if its a non custodial offence..after 3 years its okay to declare. but my question was after 5 years do i still have to declare..any way..thanx again for your time

See http://www.immigrationboards.com/viewto ... 536#818536