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Traffic Offense/Conviction and Naturalisation

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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mz1101
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Posts: 19
Joined: Mon Aug 24, 2015 4:18 pm
Pakistan

Traffic Offense/Conviction and Naturalisation

Post by mz1101 » Tue Dec 22, 2015 2:38 pm

Hi Guys,

I need your help, i have a traffic conviction MS90 (Failure to furnish driver identity). I got convicted in Oct 2015. I am currently on ILR and eligible to apply for Naturalisation. Can i still apply for Naturalisation?

Its a minor traffic offence to the best of my knowledge, do you think i can apply for naturalisation or do i have to wait for another three years before the conviction gets spent. I was going through the guidance notes and i read somewhere that the case worker may ignore a minor non-custodial conviction.

Please advise....

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Traffic Offense/Conviction and Naturalisation

Post by Wanderer » Tue Dec 22, 2015 2:40 pm

Its not a minor offence and I think an MS90 stays on your licence for years - 3 for totting up, 4 for licence and 5 for insurance.

Remember to inform your insurer too, will really bump the premiums I'm afraid.
An chéad stad eile Stáisiún Uí Chonghaile....

mz1101
Newly Registered
Posts: 19
Joined: Mon Aug 24, 2015 4:18 pm
Pakistan

Re: Traffic Offense/Conviction and Naturalisation

Post by mz1101 » Tue Dec 22, 2015 4:25 pm

Thanks for your reply Wanderer.

So i cannot apply for naturalisation until the conviction is spent which is 3 years ?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Traffic Offense/Conviction and Naturalisation

Post by noajthan » Tue Dec 22, 2015 4:33 pm

mz1101 wrote:Hi Guys,

I need your help, i have a traffic conviction MS90 (Failure to furnish driver identity). I got convicted in Oct 2015. I am currently on ILR and eligible to apply for Naturalisation. Can i still apply for Naturalisation?

Its a minor traffic offence to the best of my knowledge, do you think i can apply for naturalisation or do i have to wait for another three years before the conviction gets spent. I was going through the guidance notes and i read somewhere that the case worker may ignore a minor non-custodial conviction.

Please advise....
As per HO guidance, occurring as it did in the past 12 months, it may be a dealbreaker:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see page 17
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mz1101
Newly Registered
Posts: 19
Joined: Mon Aug 24, 2015 4:18 pm
Pakistan

Re: Traffic Offense/Conviction and Naturalisation

Post by mz1101 » Wed Dec 23, 2015 10:07 am

Noajthan thanks a lot for your advise

Actually, the speeding offence occurred in Aug 2014 and i was convicted in my absence in Sept 2014.

I came to know about this in June this year and did the Statutory declaration that i wasnt aware of it. So whole thing was done from scratch but unfortunately i finally got convicted in Oct 2015 for MS90 (Failure to provide driver identity).

As the original speeding offence happened in Aug 2014, its been over 12 months. What do you think do i have any chance of succuess ?

Thanks

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Traffic Offense/Conviction and Naturalisation

Post by noajthan » Wed Dec 23, 2015 10:27 am

mz1101 wrote:Noajthan thanks a lot for your advise

Actually, the speeding offence occurred in Aug 2014 and i was convicted in my absence in Sept 2014.

I came to know about this in June this year and did the Statutory declaration that i wasnt aware of it. So whole thing was done from scratch but unfortunately i finally got convicted in Oct 2015 for MS90 (Failure to provide driver identity).

As the original speeding offence happened in Aug 2014, its been over 12 months. What do you think do i have any chance of succuess ?

Thanks
Depends how you interpret the guidance about non-custodial sentences from past 3 years that may be disregarded if they are a one-off & a refusal would be disproportionate.
Or rather it depends how the caseworker sees it.

Ref page 17 of linked document (link posted above)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ohara
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Location: hiding in a badger sett
United Kingdom

Re: Traffic Offense/Conviction and Naturalisation

Post by ohara » Wed Dec 23, 2015 12:11 pm

MS90 is not a minor offence, it's very serious. While a lot of people generally earn one in their absence (when a simple request for information for a speeding offence etc is not answered and thus escalates), some people purposely play the system and use the MS90 to hide a much more serious offence. This is why the penalty is so severe, normally 6 points and a fine of up to £1000.

Insurers know the above and this is why an MS90 will hammer your premium for the next few years.

mz1101
Newly Registered
Posts: 19
Joined: Mon Aug 24, 2015 4:18 pm
Pakistan

Re: Traffic Offense/Conviction and Naturalisation

Post by mz1101 » Thu Dec 24, 2015 10:00 am

Many thanks guys for the advise

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