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What was your offence?droogish wrote:I am in a similar situation.
I have a court fine for a minor offense. I have declared it on my application - havent heard back yet. When I rung the UKBA after i had applied - they said any court fine = rehab period (5 years), i.e. application will fail.
Guidance notes however, say a single unspent conviction for a minor offense, resulting in small fine may be overlooked.
So, it's a little ambiguous what the rule actually is when it comes to the crunch.
'The honest man has nothing to hide'..I wouldn't recommend omitting something because you think it is minor. That's up to them to decide!
I don't know the official outcome of my application yet, but I have a bad feeling. If I were you, i'd wait until 5 years since the fine had passed. Then you'd have nothing to worry about and could fill in your form honestly.
As per guide, driving with no tax is not minor offence. Declare it on your application and provide a proper covering letter to request them to consider as a minor offence. When are you applying?NiiKpani wrote:I was summoned as i was the one driving it at the time. I had gone to the dvla office on other business with it and their cameras picked it up. So i was told i was the one who was keeping an unlicensed vehicle on the road at the time
I dont see why you have to declare it as it seems to me that you have commited and offence paid a fine but was NOT CONVICTED of the offence (as it does not show up on your CRB either).NiiKpani wrote:Hi guys,
I was summoned by the DVLA to court for keeping an unlicensed vehicle on the road. In my defence, the car wasn't mine and i need transport urgently but i should have checked. Unfortunately this negligence has become a problem for me.
The prosecutor adviced me to plead guilty indicating that i would not have a criminal record. In hindsight perhaps i shouldn't have but i wanted the case wrapped up. Subsequently i was fined £50 which i paid.
Now i am due to naturalise. A CRB chck and PNC check on me didnt come up with any information about the court incident so i applied straight to the courts to see if they still had record of the case, whch they do.
My question is: do i need to declare this on my application form??
It would seem that others have had success with worse offences. I called the homeoffice and they said any fine no matter the amount if issued in court would attract the rehabilitation period and would be refused, which is contrary to most cases i have read about here.
Since they have not mentioned it on their guidance notes that they check with HMCS (her majestys court services) i was thinking of leaving the information out since i see it to be minor. However if i still have a chance of success if declare i'd prefer to be completely transparent.
Can anyone help me please.
If the person was fined by a court, then he/she was indeed convicted of the offence. Magistrates only impose a fine as a sentence where someone has entered a plea of guilty or been found guilty. Whether someone's DNA and fingerprints are taken depends not on whether one has been convicted, but rather on the severity of the offence. Simply being charged with a recordable offence allows the policy to take one's DNA and fingerprints.R- wrote: I dont see why you have to declare it as it seems to me that you have commited and offence paid a fine but was NOT CONVICTED of the offence (as it does not show up on your CRB either).
If you had been convicted, you would have had your finger prints, DNA and photographs taken at the police station. So in my opinion, you DO NOT have a conviction and can answer NO to the question on the form.
n.b: this is my opinion from different stuffs that I have read, if someone is 100% sure that I'm wrong then please correct me.
If you read the form AN carefully, I am sure you have to declare any pending prosecutions, ie you have to declare that you have been charged and summoned to the court. As per the guidelines, the HO will only make the decision after consulting the court concerned, and most likely hold the decision until the outcome of the court case.Twin wrote:Mrlookingforward,
in a case where one receives a court summons for a hearing in say...October but wishes to apply for naturalisation in September, must one declare a conviction even thought one have not been for the hearing?
Either way, I am willing to pay the fine before the court hearing but the funds would not be available until a few days before the court hearing.
Should this offence be declared, still?
In that case, I have been misinformed by the DVLA. The DVLA had advised that should I pay the fine, their charges would be dropped and that there would not be any case to answer. I intend making the payment before naturalisation but if it paying would not necessarily help my naturalisation, i'd rather put naturalisation on hold and attend the hearing.mrlookforward wrote:If you read the form AN carefully, I am sure you have to declare any pending prosecutions, ie you have to declare that you have been charged and summoned to the court. As per the guidelines, the HO will only make the decision after consulting the court concerned, and most likely hold the decision until the outcome of the court case.Twin wrote:Mrlookingforward,
in a case where one receives a court summons for a hearing in say...October but wishes to apply for naturalisation in September, must one declare a conviction even thought one have not been for the hearing?
Either way, I am willing to pay the fine before the court hearing but the funds would not be available until a few days before the court hearing.
Should this offence be declared, still?
Another point is, that there that once you have received the summons then there is no way of paying the fine before the court hearing in most cases. Again depends on what the charges are. If its a traffic offence then there is now no way of avoiding the conviction.