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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
How long ago was the offence, please provide details so that people in this forum can you on the appropriate action to take?bridgeman40 wrote:Hi, i applied for Naturalisation but made a mistake when applying, I was not aware court fines for driving were classed as convictions, so i did not declare it on my application. I also went through the national checking service process and when doing so the person who checked my application did not mention this at any point. Now i have been refused and it states any application within 10 years is likely to be refused. Is there something I can do about this????
I know its my fault for not doing my research but i did the application in abit of a rush and thought everything was fine. But was thrown off as the application was quite confusing, I dont understand how someone can be of bad character because of a driving offence?!?!
When I submitted my application through Leicester NCS, I was asked, 'Have you ever been in court?'. I know it is a catch-all question, but if I had answered in the affirmative, she would have probed further.CR001 wrote:Can you provide more details about what the driving offense was for and when it happened and why it went to court etc.
If you did not declare it on your form or ask, how is NCS suppose to say or advise anything about it.
With such an important application as naturalisation, it is really never a good idea to rush it.
Maybe if you provide all the details, a moderator or someone with a lot of knowledge and experience about this can advise if a request for reconsideration would be appropriate.
bridgeman40,bridgeman40 wrote:Hi, i applied for Naturalisation but made a mistake when applying, I was not aware court fines for driving were classed as convictions, so i did not declare it on my application. I also went through the national checking service process and when doing so the person who checked my application did not mention this at any point. Now i have been refused and it states any application within 10 years is likely to be refused. Is there something I can do about this????
I know its my fault for not doing my research but i did the application in abit of a rush and thought everything was fine. But was thrown off as the application was quite confusing, I dont understand how someone can be of bad character because of a driving offence?!?!
Explain....Ayyubi72 wrote:Many people think that "in the court" or "been to the court" only means physically appearing in the court.
But you will have been "in the court" even by way of sending plea papers to court, or a solicitor appears on your behalf.
Even if you do not acknowledge court summons, and courts decides the case in absentia, then still you will have "been to the court".
NCS are not there to interrogate and question every aspect of your application. If you do not mention something in application, NCS is not responsible.
HO will only put a bar for 10 years, if there is deception eg a conviction that has been declared, when declaring that conviction would have caused the application to fail.
If you fail to disclose something, which if you had disclosed, would not have caused the refusal, will not result in 10 years bar.
I thought traffic offences are not included won't get you off the hook, as If you fail to disclose something, which if you had disclosed, would not have caused the refusal, will not result in 10 years bar. it is very clearly stated in the form that traffic offences are included.
8.3 Failure to Disclose Convictions wrote:Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.
In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
Hypothetically, lets assume that somebody was convicted in court for a driving offence 6 years ago and did not disclose it on the application form, will that person be ban for 10 years?Amber_ wrote:8.3 Failure to Disclose Convictions wrote:Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.
In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
your 10 year ban starts from the most recent refusal, where the refusal is due to non disclosure.MattSule wrote:Hypothetically, lets assume that somebody was convicted in court for a driving offence 6 years ago and did not disclose it on the application form, will that person be ban for 10 years?Amber_ wrote:8.3 Failure to Disclose Convictions wrote:Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.
In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
They should not receive a refusal, if they do, they could challenge it. Although, the applicant should never knowingly not declare a conviction or caution.MattSule wrote:Hypothetically, lets assume that somebody was convicted in court for a driving offence 6 years ago and did not disclose it on the application form, will that person be ban for 10 years?Amber_ wrote:8.3 Failure to Disclose Convictions wrote:Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.
In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.
But it does remind people that employing deception in applications can have a real negative impact. In this case, another 10 years wait. Not easy to wait another 10 years eh. And even after 10 years there is no guarantee that HO will disregard this deception.innocentdevil wrote: this thread is useless.
hey amber the conviction was in 2010 and it was for driving with a provisional license, which i received 3 points for, the case actually went straight to court,. its my fault for rushing the application, i simply thought driving offences were not included in good character.Amber_ wrote:bridgeman40 when was the date of the driving conviction?
"10 yrs wait is not the end of the world" - For sure it's not but can you imagine what the requirements will be in 10yrs? This is so sad as someone who had the same court fine while on international licences 6yrs ago I didn’t know this was considered a conviction until doing some added research including exchanges with Amber on this forum before applying.TTOE wrote:When in 2010 i.e. date and month?
Definitely not a Fixed Penalty N, is it?
What date was your application received by the home office?
These questions are to enable the forum make sense of the post. Thanks
10 yrs wait is not the end of the world, there are so many things to do to fill the 10 yrs gap.
One advise from me: Do a proper research/seek for a good solicitor to take on the HO. Difficult thing to do but hey its worth giving it your best shot, that should keep you occupy for some time. Learn to enjoy and engage yourself during those potential period of sleepless nights. Pray hard and believe!
All the best mate!
8.3 Failure to Disclose Convictions
Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application.

In such cases, the decision maker will normally refuse any subsequent application for citizenship if it is made within 10 years from the date of the refusal on these grounds.