- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
No.pikachy wrote:Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.
No,User wrote:Hi Chess - you say:
"a CCJ is not a Criminal Conviction for which you get a custodial setence"
And so is a 3 point about 4.5 years back in the UK driving license. Its just a 3 points given by a court and it does not have any custodial sentence. Still an applicant will have to give that information in teh application apparently.
Can you clarify.
a court appearance could have occured WITHOUT conviction or custodial setence.John wrote:However, if a Court appearance happened then it is not possible to omit the occurrence from the form .... even if it is "just" for speeding. Of course spent convictions can always be omitted.
As User says :-You must give details of all criminal convictions. These include road traffic offences, but not fixed penalty notices which have not been given in a court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared.
You do not have to give details of any offences which are "spent" under the Rehabilitation of Offenders Act 1974. Under that Act certain convictions may be regarded as "spent" in the United Kingdom after certain periods of time from the date of conviction if you have not been convicted of other offences during that time. "Spent" means that it will be ignored. A leaflet about this called "Wiping the Slate Clean" is available from the Home Office, Sentencing and Offences Unit, 50 Queen Anne's Gate, London SW1H 9AT.
Criminal record checks will be carried out in all cases. If you do not declare an unspent conviction or other conviction your application may fail and your fee will not be fully refunded. It is a criminal offence to make a false declaration knowing that it is untrue.
Sounds to me like those points and fine were "given in a court".in my case, i got 3 points in my driving license and a £ 60 fine, but i was called into the court and i was asked to pay that.
1. Ye. Such forms part of the good character assessment pertaining to the management of your financial affairs vis a vis insolvency issues i.e. bankruptcy, IVA, CCJ's etc. Why/on what grounds was the CCJ incurred?pikachy wrote:Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.
Kayalami,Kayalami wrote:1. Ye. Such forms part of the good character assessment pertaining to the management of your financial affairs vis a vis insolvency issues i.e. bankruptcy, IVA, CCJ's etc. Why/on what grounds was the CCJ incurred?pikachy wrote:Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.
2. Possibly.
Chess wrote:Kayalami,
With all due respect - I dont think CCJ's should be put on the AN form. You can on theory be given a CCJ without being aware of it or by mistake
So do you mean that all people applying for naturalisation should phone Experian/Equifax to get their credit files
My understanding is that a CCJ is a civil proceeding - more so where a requirement to pay, if refused (especially where no reasonable grounds apply), stretches to contempt of the courts. By default such should be part of the application pursuant to its close co-relationship with an element (rightly or wrongly) of financial deliquency. It is not necessarily a ground of refusal as can be seen by the subsequent statement i.e.[b][u]Section 4.6 (subsection 4, good character) - Guide AN(NEW) Naturalisation as a British Citizen[/u][/b] wrote:You must give details of all civil proceedings which have resulted in a court order being made against you. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.
Checkmate[b][u]Section 4.4.1 (Subsection 4, good character) - Annex D - Chapter 18, Nationality Instructions (to be construed as operational regulations)[/u][/b] wrote:Police enquiries, or other information, may suggest that an applicant is heavily in debt. This, in itself, should not be grounds for refusal if the loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, the application should normally be refused.
The initial letter about speeding was sent from where , a court or a police speed camera unit ?I got a letter asking me to go to that aprticular court and pay that fine and was told that i was given 3 points. I said ok and paid the fine and that was it.
Hello pickachy ,pikachy wrote:ccj is not a problem. i've got an approval letter today after three month of waiting.
Hello chess,Chess wrote:No.pikachy wrote:Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.
a CCJ is not a Criminal Conviction for which you get a custodial setence