Would my naturalisation be approved?

[harisiva04]

Hi,

I know this questions appeared few times, but for sanity check, I wish to inquire this.

In 2011, I was charged 2 offences, to which, I pleaded guilty to one and not to the other (ie driving whilst using mobile phone) - and therefore went to court with a legal representation to plead guilty.

I was fined with 3 points and £250.

I am going to apply for naturalisation and some of the anwsers were confusing, so wish to clarify.

1. is this considered as minor offence? The an_guide states otherwise, but some of the Q&A here says it is.
2. do i fall into category non-custodial offence (ie need to spend 3 years rehabilitation period) or does it not fall into the category at all?
3. My wife who is also applying for citizenship (she got her PR 3 years after joining me) - would she be able to, when we both apply together, or does she have to wait for 5 years like everyone else?

Hoping to hear some feedback fromt he experts.

Thanks

[vinny]

See also Good character requirement (Annex D).

[harisiva04]

Hi Vinny

I had a look and also reading the guide but I can't seemed to find a proper anwser.

For instance - driving using mob phone is considered major offence, yet, it also says We would not normally take Fixed Penalty Notices into account, unless you have had more
than one fixed penalty notice in the last 12 months.

And then there are 4 section on type of offence - 3 is imprisonment and one is non-custodial offence.

Do I fall in non-custodial?

In addition to that, I saw this post, and seems like despite of this, the person was granted naturalisation?

http://www.immigrationboards.com/viewto ... highlight=

Hari

[Machikkoz]

Dear all,

In august 2010 I was caught driving my mums car. The car was insured but I was not insured nor did I have a full driving license at that time. I went to court and was given 6 points and was also given a fine of £150. I am planning on applying for my citizenship do you think I stand a chance of being granted or shall I wait till 2014. I know a friend who was in a similar situation and was approved.

Please help

[harisiva04]

Any one who can assist?

[Amber]

Hi,

I know this questions appeared few times, but for sanity check, I wish to inquire this.

In 2011, I was charged 2 offences, to which, I pleaded guilty to one and not to the other (ie driving whilst using mobile phone) - and therefore went to court with a legal representation to plead guilty.

I was fined with 3 points and £250.

I am going to apply for naturalisation and some of the anwsers were confusing, so wish to clarify.

1. is this considered as minor offence? The an_guide states otherwise, but some of the Q&A here says it is.
2. do i fall into category non-custodial offence (ie need to spend 3 years rehabilitation period) or does it not fall into the category at all?
3. My wife who is also applying for citizenship (she got her PR 3 years after joining me) - would she be able to, when we both apply together, or does she have to wait for 5 years like everyone else?

Hoping to hear some feedback fromt he experts.

Thanks

Where did it say it was considered a minor offence? The FPN not affecting applications are generally ones given by the police (i.e. no guilty plea) with the court you were convicted of an offence. Moreover, the offence may be one of recklessness. Why on earth did you plead not guilty and then went to the court to plead guilty? Are you applying through the NCS? If so, which is advisable, they will ring the HO and speak with a caseworker who will tell them your chance of success. However, the guidance is very clear "...if the notice (FPN) has been challenged by the applicant and subsequently upheld by the court then this is treated as a conviction for the purposes of both the criminality threshold periods" therefore, you will likely be refused for a 3 year period since your court fine. Your wife has to have 5 years residency unless she is married to a British Citizen.

[Amber]

Dear all,

In august 2010 I was caught driving my mums car. The car was insured but I was not insured nor did I have a full driving license at that time. I went to court and was given 6 points and was also given a fine of £150. I am planning on applying for my citizenship do you think I stand a chance of being granted or shall I wait till 2014. I know a friend who was in a similar situation and was approved.

Please help

As you did not contest the offence. It may be that you will be viewed as having a FPN and this not a non-custodial sentence. However, this could still show recklessness behaviour and may be refused. Apply via NCS and then can phone the caseworker.

[harisiva04]

Hi Member of Standing
D4109125
Member of Standing

Well there was 2 convictions which was eventually the same - using mobile phone + reckless driving. So to avoid being charged twice, I had to plea guilty for one and not the other, which resulted a representation at court.

Before we went in for my case, my lawyer spoke to the other lawyer and they dropped the 2nd charge, which I pleaded on not guilty. Hence 3 points + fine.

I thought the same and I noticed someone in this board had same problem but granted the naturalisation, so wondered if I would stand a chance.

[Amber]

Hi Member of Standing
D4109125
Member of Standing

Well there was 2 convictions which was eventually the same - using mobile phone + reckless driving. So to avoid being charged twice, I had to plea guilty for one and not the other, which resulted a representation at court.

Before we went in for my case, my lawyer spoke to the other lawyer and they dropped the 2nd charge, which I pleaded on not guilty. Hence 3 points + fine.

I thought the same and I noticed someone in this board had same problem but granted the naturalisation, so wondered if I would stand a chance.

You said you got six points? It is important that you clarify what happened. If you went to the court and did not contest a charge and received a fine and points then you should be ok. However, if you pleaded not guilty I.e. contested then it would be likely refused. If you were convicted for recklessness then the caseworker can still refuse the application. If it was guilty and fine and points which was not contested you should be ok. But remember your offence may be viewed as recklessness and thus not of good character.

[spike_UK]

Hi guys, I was over speeded in June 2010 and try to deny, after all police officer came to my work and give me 3 points plus(£80 wasting+£60 normal fee) I think fee for court but never went for court. do you think I would have a problem when I apply for naturalizations? many thanks.

[Amber]

Hi guys, I was over speeded in June 2010 and try to deny, after all police officer came to my work and give me 3 points plus(£80 wasting+£60 normal fee) I think fee for court but never went for court. do you think I would have a problem when I apply for naturalizations? many thanks.

Sorry, did you actually get summoned to court and if so did you deny the charge or plead guilty?

[spike_UK]

Hi guys, I was over speeded in June 2010 and try to deny, after all police officer came to my work and give me 3 points plus(£80 wasting+£60 normal fee) I think fee for court but never went for court. do you think I would have a problem when I apply for naturalizations? many thanks.

Sorry, did you actually get summoned to court and if so did you deny the charge or plead guilty?

Thanks for reply, no I didn't go to court at all and the police officer never said anything.

[Amber]

Hi guys, I was over speeded in June 2010 and try to deny, after all police officer came to my work and give me 3 points plus(£80 wasting+£60 normal fee) I think fee for court but never went for court. do you think I would have a problem when I apply for naturalizations? many thanks.

Sorry, did you actually get summoned to court and if so did you deny the charge or plead guilty?

Thanks for reply, no I didn't go to court at all and the police officer never said anything.

Then providing you don't get lots of FPNs there is nothing to worry about.

[spike_UK]

Hi guys, I was over speeded in June 2010 and try to deny, after all police officer came to my work and give me 3 points plus(£80 wasting+£60 normal fee) I think fee for court but never went for court. do you think I would have a problem when I apply for naturalizations? many thanks.

Sorry, did you actually get summoned to court and if so did you deny the charge or plead guilty?

Thanks for reply, no I didn't go to court at all and the police officer never said anything.

Then providing you don't get lots of FPNs there is nothing to worry about.

Thank you.

[nidaulhaque]

Hi
I pulled by police for wrong spacing of number plate and given £60 fine which I already paid, will this effect my bc application???

[Amber]

Hi
I pulled by police for wrong spacing of number plate and given £60 fine which I already paid, will this effect my bc application???

Providing you don't get numerous FPNs in the 12 months preceding you application then there is nothing to worry about. In other words drive exceptionally careful.