Disqualification from driving

[SarahCol]

Hello,

I was about to apply for naturalisation but just received a driving disqualification from court. I know this has an affect. Some people say I need to wait till the ban ends then apply others say 3 years?

Many thanks

[CR001]

3 years.

https://assets.publishing.service.gov.u ... idance.pdf

[SarahCol]

From the date of conviction or from court date?

[SarahCol]

Anyone?

[Casa]

Anyone?

From date of conviction

[SarahCol]

But on my records it only shows when the disqualification ends not the date of conviction, so how will home office know?

[zimba]

HO has access to all the records of the court case and your conviction including the conviction date. As other pointed out it is min 3 years from court conviction date. Remember that British citizenship has very specific character requirement which means your conviction still affects you even if it is considered spent under rehabilitation order unless 3 years have passed since conviction for non-custodial sentences

[SarahCol]

Thanks for your reply.

Incident date when it happend: 9/2018
Letter from court: 04/2019 (yes they took 6 months to issue a letter)
Disqualification from 06/2019-12/2019

In the application form which date should I write???

[zimba]

The date of the letter which the date of your conviction/sentence. You should not apply until at least 04/2022 or you'll be refused.

An applicant will normally be refused if they have received:
• a custodial sentence of at least 4 years
• a custodial sentence of at least 12 months but less than 4 years unless a period of 15 years has passed since the end of the sentence
• a custodial sentence of less than 12 months unless a period of 10 years has passed since the end of the sentence
• a non-custodial sentence or other out-of-court disposal that is recorded on their criminal record which occurred in the 3 years prior to the date of application

I suggest you to read the good character requirement guide: https://assets.publishing.service.gov.u ... idance.pdf

These motoring offences are imprisonable and do appear on a criminal record:

Drink driving
Drug driving
Failing to provide a breath/blood/urine specimen
Failing to stop or report an accident
Dangerous driving

[tahseen123]

Hi everyone,
I have a similar situation. I thought it would be best to post here rather than create a new post.

I got disqualified from driving for driving without insurance and got 6 points on my licence and £320 fine from the court, so it was a criminal conviction. I know, silly mistake. Was due to apply for ILR same time which didn't go through because of the conviction and instead got a two year extension of visa.

Conviction date: 15/09/2015
ILR(received) date: 23/10/2017

I passed my licence straight after the conviction have been driving since without any issues. I was told to wait 5 years from the date of conviction by my lawyer at the time and apparently from the different posts on the forum it seems to be 3 years? Is that correct?

Am I ok to apply now for Naturalization now since 4 years have now elapsed from the conviction or should I wait another year?

Thanks in advance for the reply!

[zimba]

As far as I know driving without insurance is not a recordable offence. Many were granted ILR

[CR001]

As far as I know driving without insurance is not a recordable offence. Many were granted ILR

The poster is asking about citizenship not ilr.

[zimba]

Correct but I simply wanted to point out that it should have not affected the ILR as claimed by OP

[tahseen123]

Hi Zimba and CR001

Thank you for your reply.
@ Zimba, it did affect my ILR as it was not approved. The letter from the HO mentioned about good character and I was given discretionary leave for two years (2 year visa with work right) with the intention of monitoring my character I suppose till I applied again for ILR. I had to wait a year to apply again for ILR again.

So anyone have an idea if I am ok to apply for Naturalization now that 4 years have passed from the conviction?

[zimba]

Yes you should be ok since 3 years have passed