enq15 wrote:Hi,
1. Is TEC a court ? Can somebody clarify the same please ?
As per letter from debt collection agency, a warrant has been issued for baliff to recover the monies. However, this has been suspended after submission of witness statement and explanation to TEC and now is pending council's decision.
2. Can i submit naturalization application with this issue ? Will it affect application of spouse and children ?
Thanks for the response @rakeysh.patel.
Cheers,
Enq
Hi mate please read this, and you can get idea from IT
I made an application for Naturalisation on 30/08/2013, which
appeared to have been received at Home Office on 02/09/2013. The
day my application was made/received, published policy criteria of
Home Office for naturalisation requirements was contained and
explained in Booklet AN of December 2012.
I had an isolated single conviction for minor offence of speeding
(S81&89 of Road Traffic Regulation Act 1984). I did not hide this
isolated single conviction in my application. To my horror, today I
received refusal letter from Home Office for said isolated single
conviction for minor offence of speeding.
Please have a look at ACTUAL wording of refusal letter of Home
Office against relevant portion of published policy criteria,
Booklet AN of December 2012, based on which I made my application
and Home Office was bound to decide my application:-
A. Home Office caseworker refusal wording:-
“You were convicted on 21 March 2011 at Sheriff Court Kilmarnock.
As your conviction is not one that we would normally disregard, nor
can we find grounds to disregard it exceptionally outside our
published policy, we cannot be satisfied that the good character
requirement is met. The application is refused.”
B. Below is Home Office Published Policy Criteria(page 15 of
Booklet AN, December 2012):-
“We will normally disregard a single conviction for a minor offence
resulting in a bind over, conditional discharge or relatively small
fine or compensation order, if a person is suitable for citizenship
in all other respects. By ‘minor offence’ we mean minor speeding
offence or other regulatory offences. Offences involving dishonesty
(e.g. theft), violence or sexual offences or drugs are not classed
as minor offences. Drink driving offences, driving while uninsured
or disqualified or driving while using a mobile phone are not minor
offences either.”
It is pertinent to point out that Home Office Caseworker did not
make mention of my offence.It may be appreciated that I was not
convicted for dishonesty (e.g. theft), violence or sexual offences
or drugs or Drink driving offences, driving while uninsured or
disqualified or driving while using a mobile phone.
It may also be appreciated that I had only single (one) conviction
(non-custodial) and it occurred within the first 2 years of the 3
(i.e. I have had no conviction within the last 12 months), there
are strong countervailing factors which suggest that I am of good
character in all other regards and the decision to refuse is
disproportionate and it was deemed to be an exceptional case and my
application should have been granted (exceptional grant under
section 10 subsection "b" of Chapter 18, Annex D of Nationality
Instructions) despite 3 years not lapsing since the date of
conviction.
Foregoing in view, is it not true that my application was refused
contrary to above quoted Home Office Published Policy
Criteria/instructions for Good Character Requirement ?
It is requested that Home Office, shall re-visit my application and
grant me naturalisation.
Yours faithfully,
