10 penalty points and court fine. Chance of getting British Citizenship.

[sunrise80]

Hi All,
Currently I have UK permanent residency card under EU law. In 3 months time I will complete 1 year as Permanent Resident to be eligible to apply for British citizenship. I am non EU family member of an EU citizen since last 6 years and living with my EU citizen spouse.

I have been recently (June 2018) convicted as “in charge of vehicle - alcohol level above the limit”. In charge of a vehicle means I was sitting inside a car in the passenger seat, drunk, not driving. Driver had Provisional license so technically I am considered as a supervisor of a driver. There was L plate on car. My breath reading was 57. I received 10 penalty points on license and £192 from court. This is the only conviction/points I received first time in my life. I said to the court, this conviction or criminal record on my name can stop me from applying British citizenship or Settled status after Brixit, I can be illegal and have to leave country. I won’t be able to live with my family however court said Home office do consider the seriousness of the crime.

Will I have any chance to get “British Citizenship.

Members and expert advice will be highly appreciated.

[CR001]

eea-route-applications/court-fine-and-1 ... l#p1651810

Will I have any chance to get “British Citizenship” or “Settled status” under Brexit agreement.

I would expect you to get settled status. You will have to wait a few more years for British citizenship because of the conviction.

[sunrise80]

I spoken with two immigration lawyers. One said, there can be 80% chance that your application can be accepted and other lawyer said, there is 50-50 % chance to get accepted or rejected. Both said it’s upto caseworker to decide your application.

Since my conviction is minor, that’s what I have been told in court that Home Office do consider seriousness of the crime while deciding applicant.

I am going to take chance to apply British Citizenship instead of Brixit agreed Settled Status as both applications need criminal records check. If my application get rejected I will still have Permanent resistance under EU law that can be valid till March 2021 and later can be converted to Settled Status.

I will update here if my application gets accepted or rejected.

* Experts advice will be highly appreciated.

Thank you.

[Casa]

however court said Home office do consider the seriousness of the crime..

In my opinion the Solicitors are being over-optimistic.

[nidaulhaque]

solicitor just interested in their fees
I really think your application will get refused, your convection comes under drink driving and its not minor issue and plus its recently happen,

if you have money then you can apply worst case they will refuse and give you date when you can apply,

this has to be 3 years after court date even they can still refuse after 3 years if you read case worker guide, you can apply after 2 years but again its down to case worker.

its just my opinion worth browsing the forum