Arrested-but cas was dropped&Motoring conviction-Applying4BC

[ali933]

Hi All,

I need some expert advise on below of my concerns as i am going to apply for naturalization./

1ST question

I was arrested in 2012 as my wife complained to police and was in the police custody for 5-8 hours and later released on bail and after few days my wife also withdrawn from her statement but CPS took the case to court i faced trial but my case was dropped as my wife didn't attend the court so i dont have any criminal convication as nothing was proved against me.

so do i need to declare this in AN-form ??? i didnt mention this while i applied for ILR and it was approved.[/b]

2nd question is

I have one criminal conviction (Road Traffic offense In June 2009) this was due to the mistake I did unintentionally as I thought my friend had comprehensive insurance and full driving license so I gave her my car to drive and when police stopped us I found out that my friend didn’t have full driving license and insurance so that was the reason I got 6 points (IN10 & LC24) on my license and £ 300 fine from court even though i had full insurance and license but b/c she was driving my car so she didn't have any insurance and had provisional license so she got the same IN10 & LC24 + 300 POUND FINE. I SHOULDN'T HAVE ACCEPTED THIS DECISION BECAUSE I HAD COMPREHENSIVE INSURANCE AND UK LICENSE BUT DIDT A MISTAKE AND PAID FINE AND ACCEPTED THE CHARGES. ANYWAY THAT IS PAST NOW!!!

TODAY I CONTACTED DVLA and court found out that my license is now clean so how can i find out that conviction is spent or not ?? it will be 5 years in June SINCE THAT HAPPENED

i didnt mention this conviction in ILR application and was approved but i need to mention this in naturalization so before i apply for naturalization i would like to ask if i am eligible for naturalization.

Any advise will be great help

[ali933]

Any reply on this as will be a great help...

[Amber]

1. Not applicable
2. You need to declare all convictions even if 'spent'.

[ali933]

Thanks Amber for the reply as I was just hoping to get reply from you as you have enough knowledge.

I am satisfied with the answer you have provided for q1.

Q2 - you said I have to declare all spent conviction which I will.
my question is it is spent conviction but will it still affect on naturalisation ??? I mean on my character b/c I had IN10 & LC24.

[Amber]

It does not matter if it's spent or not, what matters is if 3 years has lapsed. As it has, it will be of no issue but needs declaring nonetheless.

[ali933]

kool then why ppl say 5 years (rehab period) before we apply for naturalisation.

[Amber]

Because they don't know the rules moreover, the rehabilitation period for a fine is no longer 5 years, the amendments to the 1974 Act were recently enacted reducing the period to 1 year.

[ali933]

thanks.
also I posted few days back that my LIUK certificate is missing as I didn't get back from Homeoffice @PEO when my ILR was approved. they guy said I should check my docs before I leave the building so I did realise that LIUK certificate is missing but didn't raise it with them as I thought they suppose to keep it.

but now I can see in AN form that I have to show them again. I have a coloured copy but not sure if that will be accepted by NCS staff.

however I have written letter to HO and still waiting for reply.

Any suggestions Amber?

[Amber]

You don't need the LIUK certificate if you used it for ILR as it'll be on the Home Office system.

[ali933]

then why it says in AN form that submit the letter with AN form and put the test number in

[Amber]

Just put the test number in, they'll check the system.

Applicants who claim that they have passed the “Life in the UK” test in order to obtain ILR, must quote the test pass number on the application form to enable UKBA to check the information on Warehouse. These applicants do not need to resubmit their test pass letter unless you have any doubts about the validity of the information provided.

[ali933]

Perfect answer with proof.

thanks alot

[makkan00]

It does not matter if it's spent or not, what matters is if 3 years has lapsed. As it has, it will be of no issue but needs declaring nonetheless.

Amber
Thanks for clarifying. I remember that when the rules were reviewed, its 3 years now.
A quick question.
Does this 3 years start from the day when event happened? (such as OP was given points on certain day)
or
3 years lapse time start from the day when a person was convicted? (if OP might have done a driving offense but later appeared in the court, as police could not give the OP points at the spot and he was convicted in the court)


Thanks.

[Amber]

3 years from conviction.

[makkan00]

3 years from conviction.

Thanks Amber. Appreciate your response.