Driving without due care / Absences

[karimkabir]

Hi All

First I am happy to see such a big forum and would definitely like to acknowledge the moderators.

I have just got my ILR with wife and son backdated from January 18, 2010. I want to know two things-

1. I have recently got a traffic conviction this month for driving without due care based on an accident where I missed a give way sign (getting 4 points and £232 as fine + £100 as court costs. I am assuming that this will be ignored as the only conviction. Is this assumption correct.

2. Secondly, I want to know about eligibility of my wife for the citizenship application. I came in January 2006 and thus think will be eligible in January 2011 for citizenship (ILR was processed in April 2010 backdated to January 2010). The only problem is that my wife and son joined me in August 2006 (7 months later) as her delivery took place in April 2006. Being the main applicant in the citizenship application, would her arrival date be taken into consideration or would my dates be sufficient.

3. Similarly for my son, whose birth is April 2006, what will be the date for the MN1 - Citizenship registration.

Many thanks.

Karim

[foxy]

Hi,

Regarding no. 1, I think if you were convicted in court, you have to wait for it to be spent before you apply. Please see this link.

It says if you have an unspent conviction, your application is unlikely to be successful. They have nevertheless been known to apply discretion in some cases like here. However, that was only a speeding fine which only required court attendance because of the international licence.

[f2k]

For 2 and 3, There is really no such thing as 'main applicant' in adult applications for citizenship. Each person has to qualify on their own right. So your wife has to have spent 5 years in UK as well or 3 years if she applies as a spouse of a British citizen. So if and when you are successful your wife can then apply under the 3 year rle.

Your son can apply when ever you or your wife applies. if you are successful then your son should be OK

[droogish]

...
1. I have recently got a traffic conviction this month for driving without due care based on an accident where I missed a give way sign (getting 4 points and £232 as fine + £100 as court costs. I am assuming that this will be ignored as the only conviction. Is this assumption correct.

From my understanding the rules, I don't think this fine will be ignored.

Generally, any court fine (even it is the only one), must become 'spent' (i.e. 5 years since the fine is issued). These are due to recent UKBA rule changes in 2008. It may be harsh - but that's what the guide says.

Minor offences, are normally dealt with as 'fixed penalty'. However - it sounds as though your fine was issued by a court.

[sfjeelani]

For 2 and 3, There is really no such thing as 'main applicant' in adult applications for citizenship. Each person has to qualify on their own right. So your wife has to have spent 5 years in UK as well or 3 years if she applies as a spouse of a British citizen. So if and when you are successful your wife can then apply under the 3 year rle.

Your son can apply when ever you or your wife applies. if you are successful then your son should be OK

Hi,

Need your valuable input on the following:

Regarding point 3. Dont you think children under 18 gets BC, if parents are ILR holders? regardless of the fact that parents are eligible for BC or not.


Many thanks

[f2k]

Hi,

Need your valuable input on the following:

Regarding point 3. Dont you think children under 18 gets BC, if parents are ILR holders? regardless of the fact that parents are eligible for BC or not.

Many thanks

A qoute from the guidance notes Guide MN1

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenshipâ€

[sfjeelani]

Thanks for your advice!...Highly appreciated.