Naturalisation - Motoring Conviction waiting time

[mz1101]

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?

Actually i was convicted in my absence in Sept 2014 but when i came to know about it i did a statutory declaration that i was not aware of the proceedings but unfortunately the decision went against me.

I am not sure its categorised as major or minor offence, 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]

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?

Actually i was convicted in my absence in Sept 2014 but when i came to know about it i did a statutory declaration that i was not aware of the proceedings but unfortunately the decision went against me.

I am not sure its categorised as major or minor offence, 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....

It's certainly not a minor offence, hope you've informed your insurance company of the offence too.

[ohara]

MS90 is certainly a serious offence, in fact many drivers actually use it to hide more serious offences, hence why insurance companies will massively hike your premium if you manage to earn yourself such a conviction.

I would suggest waiting at least 3 years from the date of conviction before applying.

[mz1101]

Many thanks for your replies....

I do understand i have to wait for three years, which is a long time. In case i do apply and try to explain my mitigating circumstance (which were rejected in the court), only thing i lose is the application fee ? It wont have any other affect on my immigration status/record ? Please advise on this

Thank you

[imnewhere]

It shouldnt have any effect on your current immigration status document unless you use deception to obtain leave to remain which then come to light when they are looking at your naturalisation application. I would adhere to Ohara suggestion if i were you but it is your money and you know best how to spend it.

[mz1101]

imnewhere, thanks for your valuable suggestion. My immigration history is clean, this is the only thing stopping me from applying from naturalisation.
I have seen couple of cases on this forum where people with SP30 conviction have been granted naturalisation. This is why i just wanted to try. But you are right chances are quite less as MS90 is not a minor offence.
Thank you

[mz1101]

Hi

I have received letter from DVLA saying i had a car un-insured registered on my name. Actually i bought a new car and wanted to sell old one so did not insure but its sold now and insured now buy new buyer.

It says i have to pay £100 fine (reduced to £50). it doesnt mention any points.

Please can someone advise me if it affects naturalisation as i am due to apply for naturalisation soon. Is it a serious offence ? Are there any points for this offence ?

Please advise....

[bruteforce]

Although this is not an immigration advice but if you are not using your car for the time being then you should declare SORN and you will not have to buy insurance on that. You must keep your car insured if you have not declared it off road. Regarding the fine, pay the fine and as it does not mention any points, you don't have to worry. You don't need to declare it on form either.

[mz1101]

Thanks for your reply and advice Bruteforce, really appreciated.

Cheers mate...

[mz1101]

Hi Guys,

Need some advice please, i was convicted of motoring offence (MS90-Failure to provide driver identity) in my absence in Sept 2014. I was not aware of it as i never received the letter from DVLA. I came to know about it in June 2015 when i was sorting out my documents for naturalisation.

I made statutory declaration and then appeared in court but unfortunately the conviction was upheld by the court and this decision was made in Oct 2015 and i lost in the appeal as well.

The "good character" requirements state that for any non-custodial conviction the waiting period is 3 years.

Considering i was first convicted in Sept 2014, three years waiting period has already passed. But as I made statutory declaration that I was not aware of the conviction (in Sept 2104) in my absence, so was convicted again in Oct 2015 for the same motoring offence.

Now, should i take Sept 2014 as date of my conviction, meaning three years have passed and i am eligible for naturalisation or Oct 2015 which means i will have to wait for one more year.

Is it worth trying? Do you think my application for naturalisation will be successful ? Please advice

Many thanks