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Cautions do not need to be disclosed as they have a rehabilitation period of zero days. So your caution was spent as soon as it was issued.gkskumar12 wrote:Hello Every One
I have 3 points for Speeding, given by court by post , as i didnt paid my FPN on time and then i have a police caution both in 2009.
Now am i eligible to apply for Naturalisation?
Do i need to mention about my police caution, as i didnt mention about this in my ILR.
Please advise guys..Please
Thank you
With due repect, there is no grey area here, its crystal clear and black and white. You only need to declare convictions which are not yet spent under rehabilitation of offenders act 1974. The ones that are spent do not need to be disclosed, simple. There is no rocket science here. Now when you are unsure what needs to be disclosed or what doesn't need to be disclosed, you must look at rehabilitation of offenders act 1974, not anyone's " strong advice".djazaira wrote:I have called UKBA few times to clarify if caution needs to be disclosed or not. This is a bit of grey area as it's not a conviction however 3 advisors I spoke to strongly recommended declaring it on application as it will appear on police report. It will not however affect the application.
Safest route it's to declare it
Thanks mrlookforward. This is very helpful. I have question on related topic. What is a criminal conviction? until convicted by court its not a criminal conviction and hence not required to be disclosed? I owe HRMC some money due to not closing my limited company officially the way it should have been. For this reason I have been receiving letters from HRMC but have not been to court. It is a claim from HRMC that is not convicted in the courts. Do you think this should be disclosed in the application? Could it be a ground for refusal? I have been paying my taxes through PAYE for last 3 years. Have all P60s. Do you think my naturalization application can be rejected for this reason? Thanks.mrlookforward wrote:Here is a post that I made in past, not everything is relevant in your case, but it does clarify about traffic convictions, crb checks etc. Hope it helps.
I do have some knowledge about these court and police procedures. Many a times, police issues FPN's and they are not regarded as conviction and doesn't need to be disclosed at all.
If someone fails to pay the fine imposed by a FPN or to surrender their license for endorsement then they will end up getting summoned to court. If they are then convicted in court (which happens 99 percent of the time) then now this is regarded as a "conviction that must be spent under rehabilitation of offender's act 1974".
But please keep in mind, that police is not obliged to issue FPN. Depending on circumstances, they may charge someone with an offence without offering an option of FPN.
In your particular circumstances, there are two things. Driving without insurance and using mobile phone whilst driving.
You went to court (or it could be said you were summoned to court) and proved that you had insurance. This is the end of matter. You can totally forget about it. If you want to sue your insurance company for failing to put your details on Motor Insurance Database, which caused the police to impound you car, which in turn led you to incur payments to police and caused you inconvenience, then it is entirely your decision. This has nothing to do with Rehabilitation or conviction or declaring it anywhere at all ever in your lifetime.
Second issue is Using Mobile Phone Whilst Driving. You were summoned to court for these charges too, on the same day as the other offence of Driving Without Insurance. You pleaded guilty to the offence. Needless to say that court passed a guilty verdit and imposed a fine. Now this conviction must be spent under rehabilitation of offenders act and must be declared on form AN. SUSHDMEHTA is wrong and confused to suggest that you should obtain CRB check to see if the conviction appears on it. Not all convictions are recorded on CRB. Only "RECORDABLE" offences appear on CRB. The particular offence you have been convicted of will never appear on CRB database. But let me clarify something which is very important and many people do not understand this. "If a conviction doesn't appear on CRB then it doesn't mean that its a conviction that is disregarded by UKBA"
Now comes the question, when a conviction does't appear on CRB then how does UKBA know if an applicant has a convcition?
Simple, in case of a traffic offence conviction, it will be on DVLA database, which is checked by UKBA. If its a non-driving offence, then the offence will still appear on HMCS computer. So in a nutshell, if a conviction has occurred, then there is no escaping from it.
UKBA can exercise discretion in some cases where there is an unspent conviction. But as per current UKBA quidance, using a mobile phone is regarded as a serious offence and will not be disregarded. If you still want to apply for naturalisation and still ask for discretion and if the risk of loosing application application fee is not an issue for you, then its your decison to have a shot and see what happens.
I didn't say you have a conviction. You said in your first post that you have a conviction for speeding in 2009.web2005 wrote:^^ thanks for answering my question. Much appreciated. Didn't get your laast sentence. Did you say I already have unspent conviction? It is a debt I need to pay but not summoned or convicted in the court.
I never posted saying I have conviction for speeding. You must be mixing me with someone else.mrlookforward wrote:I didn't say you have a conviction. You said in your first post that you have a conviction for speeding in 2009.web2005 wrote:^^ thanks for answering my question. Much appreciated. Didn't get your laast sentence. Did you say I already have unspent conviction? It is a debt I need to pay but not summoned or convicted in the court.
Mrlookforward, if you go through his posting history, seems to make a distinct effort to be as disrespectful, rude, arrogant, belittling and downright nasty as possible to anybody he can at ANY opportunity.Casa wrote:I have no doubt that Mrlookforward will back on the forum under a different log-in name, but for now I believe that members have a right to be treated with respect. Mulderpf, as Mrlookforward is not longer active on the forum, I'll apologise on his behalf.