British citizenship with conviction, ILR given

MissA · Post by **MissA** » Sat Dec 07, 2013 4:45 pm

Hi all,

I wanted to share my experience and also ask for your opinion on my situation.

In short, I had a spouse visa and sadly my husband passed away and I applied for ILR. I applied not disclosing any conviction as I was not aware that I had an unspent conviction for driving with no insurance until my friend told me about it. My insurance issue is a bit of a long story but what happened is, I was driving to the hospital, my husband was terminally ill and I was not aware that the insurance had lapsed 2 days before, I was stopped by the Police and issued with Penalty points notice, challenged this in court. Court agreed that this was a genuine mistake and gave me a small fine and 1 week suspension, no points as they did not want me to lose my license as I was a new driver. I quickly wrote a letter to UKBA explaining the circumstances under which I got the driving conviction, I had proof from the hospital and my MP wrote a letter confirming my situation and stating i was not aware i needed to disclose initially. I was granted ILR after 2 months.
My big question is, can I apply for my British Citizenship? Would that conviction count against me now even if it didn't for ILR. It's already 2 and a quarter year since the incident happened. I really need the passport and do not want to wait another 9 months for 3 years to pass. Both my children have since been given british citizenship and I want that too.

Pls advise. Thanks

Post by **Amber** » Sat Dec 07, 2013 5:07 pm

Sorry to hear of your loss. How long have you been resident in the UK?

MissA · Post by **MissA** » Sat Dec 07, 2013 5:10 pm

Amber_ wrote:Sorry to hear of your loss. How long have you been resident in the UK?

@Amber, I have lived in the UK for 12 years now and I had no criminal record, apart from this insurance issue.

Thanks for your reply.

Sparky114 · Post by **Sparky114** » Sat Dec 07, 2013 5:36 pm

Hello Miss A

Good to see you here

Motoring convictions are not counted unless you were jailed then it is criminal

you got points and a fine the same as a parking offence

kind regards

Sparky

MissA · Post by **MissA** » Sat Dec 07, 2013 5:41 pm

@sparkly,

Thanks for your kind words. Because i went to court and was fined it does count, I have what is known as an unspent conviction, it's written on the UKBA site that driving with no insurance is NOT a minor offence, but was wondering if because it wasn't held against me for ILR then it won't be for British Citizenship.

Sparky114 · Post by **Sparky114** » Sat Dec 07, 2013 6:00 pm

MissA wrote:@sparkly,

Thanks for your kind words. Because i went to court and was fined it does count, I have what is known as an unspent conviction, it's written on the UKBA site that driving with no insurance is NOT a minor offence, but was wondering if because it wasn't held against me for ILR then it won't be for British Citizenship.

Ok so that being the case Missy, then you should have been pulled for it at the time of applying for ILR but as you say you got that

now the only qualifying thing is resident 1 year after ILR and go through your local council checking service and you should be fine

We did not submit any where near the documents for this as we did for ILR whole thing was done and dusted in a 10 min interview

Sparky

MissA · Post by **MissA** » Sat Dec 07, 2013 6:09 pm

@sparkly,

I really appreciate your advice, I am so scared of applying as many people have said that the threshold for citizenship is much higher than that of ILR. I would hate to be refused as our finances are squeezed. Pls share your experience if similar. THANKS

Sparky114 · Post by **Sparky114** » Sat Dec 07, 2013 6:13 pm

MissA wrote:@sparkly,

I really appreciate your advice, I am so scared of applying as many people have said that the threshold for citizenship is much higher than that of ILR. I would hate to be refused as our finances are squeezed. Pls share your experience if similar. THANKS

You have my Skype call me

Wanderer · Post by **Wanderer** » Sat Dec 07, 2013 6:17 pm

Unspent conviction will mean refusal. Best to wait until spent, though from what you've said, you were not convicted?

MissA · Post by **MissA** » Sat Dec 07, 2013 6:18 pm

@Sparky, sorry i kept misspelling your name. Please share why you are here. Saw you haven't joined long like myself. I am so worried about my situation. Would love to hear from others.

Lots of people are reading this post but not posting. GET POSTING PEOPLE, It's meant to be interactive, the more we know and brainstorm the more we learn. And hey it's free and easy to register and ANONYMOUS!!!

Sparky114 · Post by **Sparky114** » Sat Dec 07, 2013 6:20 pm

Wanderer wrote:Unspent conviction will mean refusal. Best to wait until spent, though from what you've said, you were not convicted?

And why was this allowed through at ILR stage? at this point she attended court and was fined and found guilty of a road traffic act of no insurance

Surely that is a spent conviction?

MissA · Post by **MissA** » Sat Dec 07, 2013 6:23 pm

@Wanderer,

Yeah I was convicted. It's endorsed on my paper license: In10 conviction. But for the fact I had it and was given ILR, would they give me British CItizenship? Because they were fully aware I had it when I applied for ILR, coz I explained the circumstances in detail.
Thanx

Post by **Amber** » Sat Dec 07, 2013 6:25 pm

Read the FAQ (click) the answer is there.

Sparky114 · Post by **Sparky114** » Sat Dec 07, 2013 6:31 pm

so what you need is a time line

How long since conviction?

how long since ILR

been here a long time just could not get in or remember my log in details

MissA · Post by **MissA** » Sat Dec 07, 2013 6:39 pm

I am aware of this link, and by all means I should be refused if the UKBA decide to apply this as a hard and fast rule without using any discretion, however if they were to look at the circumstances under which I committed the crime (i assume they used their discretion in granting me ILR) then I think they should grant me citizenship, does anyone agree?

MissA · Post by **MissA** » Sat Dec 07, 2013 6:51 pm

Came to uk as a student:2001
Various renewal till:2009
Married british citizen: Feb 2010
Spouse visa issued: Mar 2011
Driving with no insurance conviction: June 2011
Spouse died: Mar 2012
Applied for ILR as bereaved partner and was granted:June 2012
Had it not been for conviction would have been eligible for British citizenship:June 2013

Because I am unsure about crime I am waiting, 3 years would pass by: June 2014 but I am tempted to apply now

Wanderer · Post by **Wanderer** » Sun Dec 08, 2013 3:31 pm

MissA wrote:@Wanderer,

Yeah I was convicted. It's endorsed on my paper license: In10 conviction. But for the fact I had it and was given ILR, would they give me British CItizenship? Because they were fully aware I had it when I applied for ILR, coz I explained the circumstances in detail.
Thanx

I think things are tighter for BC, because of the 'good character' requirements and 'convicted' in the legal sense is the result of a criminal act so it sounds bad....

I know it's stupid, but that's the law.

Why the rush, ILR is almost as good as BC mostly especially as you don't seem to have to intent to leave the UK and invalidate your ILR (as you would if gone for two years).

kais · Post by **kais** » Tue Dec 10, 2013 1:41 pm

Hi MissA

When did you disclose your conviction? did you disclose it after applying for ILR But before decision of ILR application?

Thanks

wpilr_nov12 · Post by **wpilr_nov12** » Tue Dec 10, 2013 10:20 pm

kais wrote:Hi MissA

When did you disclose your conviction? did you disclose it after applying for ILR But before decision of ILR application?

Thanks

OP has made this clear in her OP ( top post).

Post by **Amber** » Tue Dec 10, 2013 11:42 pm

Please do not listen to Sparky114.

It's nothing to do with spent or unspent convictions as the 1974 Act is not applicable. If you have a non- custodial sentence for any offence whether traffic or not, expect to be refused for 3 years unless an exceptional grant applies then you'll have to wait 2 years. Again, explained in the FAQ above.

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British citizenship with conviction, ILR given

British citizenship with conviction, ILR given