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Legal issue re naturalisation app

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petimiru
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Joined: Fri Jun 18, 2004 4:04 pm

Legal issue re naturalisation app

Post by petimiru » Fri Feb 24, 2006 8:52 am

Hi all - I need your advice on a legal issue regarding my wife, who will apply for naturalisation in March.

Back in 2002, she took my travelcard by mistake, instead of her's. She was caught by underground inspectors and to cut the long story short they accused her of fare evasion and took her to court. She pleaded guilty and the court ordered her to pay a £100 fine.

Is this the sort of incident that one is required to include in the naturalisation application ? Is it likely that the application may be affected by this one legal problem ?

Many thanks.

mhunjn
Member
Posts: 231
Joined: Wed Dec 14, 2005 2:58 pm

Post by mhunjn » Fri Feb 24, 2006 10:00 am

You should declare this in the form as any court convictions can be picked up in IND's enquries... so better to declare it.

As long as she has gone through the court and the matter is finished by fine, it shouldn't have any problems for the application. You can write down a short note explaining the situation as a genuine mistake and it should be ok.

It's not exactly a major crime or offence... can happen to anybody... so wouldn't worry because of that.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Feb 24, 2006 10:27 am

A conviction resulting in a fine becomes a spent conviction five years after the date of conviction.

Accordingly as the incident happened, we are told, in 2002, it will not become spent until some time in 2007. So it must be entered upon the application form.

You might like to download this document, part of the instructions given by IND to its staff.

Having a good read of that will show that whilst the conviction is not spent for five years, so must be disclosed, a conviction resulting in a fine is "clear" after just two years. Accordingly as the incident happened in 2002, more than two years ago, it should not influence the result of the application for naturalisation.

So petimiru your wife should proceed to make her application.
John

petimiru
Newly Registered
Posts: 5
Joined: Fri Jun 18, 2004 4:04 pm

Post by petimiru » Fri Feb 24, 2006 3:08 pm

Gents, thank you very much, all clear now.

Chess
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Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Fri Feb 24, 2006 3:11 pm

petimiru wrote:Gents, thank you very much, all clear now.
Are you sure they are both Gents? :lol:
Where there is a will there is a way.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Feb 24, 2006 3:54 pm

Are you sure they are both Gents?
Well I am certainly male ... but I can't speak for mhunjn!

petimiru, I see in another topic that you have just got your "application successful" letter in respect of your naturalisation application. Congratulations. So is the plan for your wife to apply as soon as you are British, given that she has lived here in the UK at least three years?
John

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