- 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
I am not a pro but according to the ukba, they will disregard minor offences (e.g speeding) but I am not sure whether your offence is considered as a minor one. What was the punishment you have received?shrivast77 wrote:Hi
I will be finishing 12 months on ILR in February 2009 and would therefore otherwise become eligible to apply for the British citizenship. I have however got couple of questions
1. I have a conviction for driving without insurance (November 2006) and was wondering if that would affect my application for naturalization?
2. I gave life in the uk test as part of applying for ILR, will I need to sit the exam again to apply for the British citizenship?
Grateful if someone can help me out.
Regards
yarons wrote:I am not a pro but according to the ukba, they will disregard minor offences (e.g speeding) but I am not sure whether your offence is considered as a minor one. What was the punishment you have received?shrivast77 wrote:Hi
I will be finishing 12 months on ILR in February 2009 and would therefore otherwise become eligible to apply for the British citizenship. I have however got couple of questions
1. I have a conviction for driving without insurance (November 2006) and was wondering if that would affect my application for naturalization?
2. I gave life in the uk test as part of applying for ILR, will I need to sit the exam again to apply for the British citizenship?
Grateful if someone can help me out.
Regards
Someone on the forum should be able to advise when this offence becomes spent.Drink-driving offences, driving while uninsured or disqualified are not minor offences either.
I think your best bet is to apply in Nov 2011.UKBA wrote:Your criminal record
You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below.
If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.
...
John wrote:Please clarify. What happened in November 2006? When you committed the offence? Or when you were convicted in Court, and fined etc?I have a conviction for driving without insurance (November 2006)
true.John wrote:The conviction will become spent 5 years after the fine was imposed. You cannot apply for Naturalisation before the conviction is spent, and even that will be subject to whatever law is in force at the time.
Criminal record checks will be carried out in all cases. If you have a conviction which is
not yet “spentâ€
sa49873 wrote:Hi,
I found this thread related to my situation and I would be very grateful if some one can reply to my questions.
I had 6 driving points but all got cleared last year. In both cases I paid fines to court notices.
As per UKBA any paid fines should be spent i.e 5yrs, so my questions is do they count the 5yr period from the date of offense or from the date when the fine was paid.
Like if I made the office on 05/1/05 but got a letter in June05 and paid the fine in July 05, will this become spent 5yrs from the date of offense which will be 05/01/10 or 5yrs when the fine was paid in July10.
Thanks in advace,
Ali.
sa49873 wrote:Thanks for the reply.
Initially I was given £60 penalty notice but since I was on an international license therefore in both cases i received court fines.
For the first offense i deou cided not to go to the court and asked them take a decision, later I received a court fine of £243 for this and I paid it on 10/11/04.
For the second offense I went to the court on 19/07/05 and recieved and paid fine of £100 there.
regards,
Saulat
What were the offences you have committed? according to the guidelines, minor offences such as speeding and other regulatory offences are disregarded even if not spent.sa49873 wrote:I think you are right, its better to wait then rush and get turned down.
Thank you so much for your valuable reply.
regards,
Ali
If fines are given in court (including speeding offence) and are unspent, then they should be declared and the application is unlikely to be successful. I think the key point is not if an offence is minor but whether a sentence is given in court or not.What were the offences you have committed? according to the guidelines, minor offences such as speeding and other regulatory offences are disregarded even if not spent.
Danbrix, I am unsure what made you come to this conclusion. There were several cases stated in this very forum of people with one minor offence with a sentence given in court who had no problems with their application.Danbrix wrote:If fines are given in court (including speeding offence) and are unspent, then they should be declared and the application is unlikely to be successful. I think the key point is not if an offence is minor but whether a sentence is given in court or not.What were the offences you have committed? according to the guidelines, minor offences such as speeding and other regulatory offences are disregarded even if not spent.
Criminal record checks will be carried out in all cases. If you have a conviction which is
not yet “spentâ€
first one should be fine as it is spent already. the second one really depends on how ukba treats this offence. I am not sure whether this will be treated as a minor offence as you effectively drove without a valid license according to the UK laws. I would suggest getting advice from a solicitor or an immigration agency. if you apply now, you will need to declare it. if refused, you can always reapply in July assuming you are willing to take the risk of losing the application fee.sa49873 wrote:yaron,
thanks for your reply. the details of my offenses are below:
First Offense
**********
Offense made on: 18/08/04
Offense: Driving in bus lane and didn’t see the No Entry sign
Penalty: 3points and a court fine of £234. Points were endorsed from the date of offense i.e. 18/08/04
Court Notice: 27/09/04
Fine received 02/11/04:
Date Fine Paid: Didn’t go to court and paid over the phone by card on 10/11/04
Second Offense
**************
Offense made on: 05/01/05
Offense: Driving on an international license while I was in UK for more than 1yr. Court letter doesn’t say that I wasn’t insured.
Penalty: 3points and a court fine of £200 reduced to £100
Court Notice: 24/06/05
Date of Hearing: 19/07/05
Date Fine Paid: Went to court and paid the fine there on 19/07/05
Now all points are removed from my license and it’s clean but I'm not sure when the fines will become spent.
From http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary :dr_raihan29 wrote:can anybody tell me if police caution has any effect on ILR or Citizenship? it was out of domesticviolence and both me and my wife got police caution at a police station(not verbal) thanks
3.4 Cautions
3.4.1 When determining whether an applicant meets the "good character" requirement, caseworkers should not normally take into account cautions unless they fall into one of the following categories:
a.
If the caution or cautions are of a sexual nature that require the individual to be included on the Sex Offenders Register. Any application received whilst the individual is subject to reporting requirements on the Sex Offenders Register should be refused (see section 4 for further guidance).
b.
If the individual has received multiple cautions that show a pattern of offending, which causes harm to other individuals or to the community in general, and which, on the balance of probabilities, indicates the applicant is not of good character.
Without going into too much details and all the ins and outs of your conviction, I would just give you my personal advice. Your conviction will be spent in Novemeber 2011, so the best way would be to apply in November 2011. I don't see much point in rushing and applying now, do all the explaining and still risk £ 735 if you get refused. If you apply in November 2011 then you will be sure that your application wont be refused due to your conviction. You did KoL when you applied for ILR, so when you apply for naturalisation, you just tick the relevant box, and nothing else needs to be done. Good luck.shrivast77 wrote:Hi
I will be finishing 12 months on ILR in February 2009 and would therefore otherwise become eligible to apply for the British citizenship. I have however got couple of questions
1. I have a conviction for driving without insurance (November 2006) and was wondering if that would affect my application for naturalization?
2. I gave life in the uk test as part of applying for ILR, will I need to sit the exam again to apply for the British citizenship?
Grateful if someone can help me out.
Regards