CCJ

[pikachy]

Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.

[Chess]

Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.

No.

a CCJ is not a Criminal Conviction for which you get a custodial setence

[User]

Hi Chess - you say:
"a CCJ is not a Criminal Conviction for which you get a custodial setence"

And so is a 3 point about 4.5 years back in the UK driving license. Its just a 3 points given by a court and it does not have any custodial sentence. Still an applicant will have to give that information in teh application apparently.

Can you clarify.

[Jeff Albright]

I think the answer is "no" to all.
I know a guy who recently got an ILR and he had 3 or 4 recent points in his license. Yours are much older than that - btw, don't they actually wipe them off after 3 years??
While "good character" is always a plus, points in driving license are very very minor offences indeed, so don't worry about it.
You are considered to have a "good character" if you do not have any criminal record and I believe this applies to you.
Good luck!

[Chess]

Hi Chess - you say:
"a CCJ is not a Criminal Conviction for which you get a custodial setence"

And so is a 3 point about 4.5 years back in the UK driving license. Its just a 3 points given by a court and it does not have any custodial sentence. Still an applicant will have to give that information in teh application apparently.

Can you clarify.

No,

IMHO, a traffic offence for which there was no custodial sentencing or criminal conviction should not be stated.

Goodness me - do you think this is adraconian satte where jumping the lights should be penalised forever

[John]

The guidance notes say that if a Fixed Penalty notice was issued then that can indeed be left off the form.

However, if a Court appearance happened then it is not possible to omit the occurrence from the form .... even if it is "just" for speeding. Of course spent convictions can always be omitted.

[Chess]

However, if a Court appearance happened then it is not possible to omit the occurrence from the form .... even if it is "just" for speeding. Of course spent convictions can always be omitted.

a court appearance could have occured WITHOUT conviction or custodial setence.

IMHO - I dont think that should appear

[User]

Hi all,

in my case, i got 3 points in my driving license and a £ 60 fine, but i was called into the court and i was asked to pay that. No custodials etc.
It was for a simple minor offence (speeding)

This happened in 2001 and DVLA has since taken those 3 points form my driving license last month (Feb 05) after it was there for 4 years.

It was for doing 36 miles in a 30 mile zone.

But guidance notes clarifies that even though the points are taken off my license (after 4 years), since it is within some period of 5 years in one of the other legislations, i have to put that info in teh application.

So I have had to put this 3 points information in the application, although it looked too crazy to me - because the section really talks about criminal convictions etc, and i had to put this minor (certainly minor ) thing in there.

But there you go- they want to know about that - so i gave that info.

Having said that I wonder how a "one-time" 3 points (a speeding offence) shows on a person's character (that is the section where we give this info for). Are there not milions of British citizens who already have 3 points in their driving license? Are they going to be stripped-off their citizenship because of that? Certainly not! So, why only for new applicants? I really don't see an answer. It only means that newer citizenship applicants cannot commit even the most minor offences, but existing citizens can and happily keep their citizenship intact. Really bizzare!

Anyway, that's the law of land, so we will need to abide by whatever they say!

Lets see what the outcome of my application will be, soon



Ta!

regards.

[John]

I really don't think there is any ambiguity in this part of the Guide AN(NEW) :-

You must give details of all criminal convictions. These include road traffic offences, but not fixed penalty notices which have not been given in a court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared.

You do not have to give details of any offences which are "spent" under the Rehabilitation of Offenders Act 1974. Under that Act certain convictions may be regarded as "spent" in the United Kingdom after certain periods of time from the date of conviction if you have not been convicted of other offences during that time. "Spent" means that it will be ignored. A leaflet about this called "Wiping the Slate Clean" is available from the Home Office, Sentencing and Offences Unit, 50 Queen Anne's Gate, London SW1H 9AT.

Criminal record checks will be carried out in all cases. If you do not declare an unspent conviction or other conviction your application may fail and your fee will not be fully refunded. It is a criminal offence to make a false declaration knowing that it is untrue.

As User says :-

in my case, i got 3 points in my driving license and a £ 60 fine, but i was called into the court and i was asked to pay that.

Sounds to me like those points and fine were "given in a court".

[User]

That is correct John. But in what way that was a criminal conviction?

I have got it clarified from DVLA that it was not a criminal conviction in any way. It was just a simple 3 points that was given to me in a court for speeding. Nothing more.

regards.

[Chess]

Over 1 million speeding tickets are given out a year - however they dont constitute criminal convictions - IMHO

In any case even if you put it on your application - i dont think they would refuse the application, unless you are Alfayeed

[John]

Chess, certainly agree with the last point ..... I don't think an entry about this would cause the application to be rejected.

But as regards "But in what way that was a criminal conviction?", I think the answer is simple. The Court that imposed the penalty points and fine? That was probably a Magistrates Court, that is, a criminal court, not a civil court.

What I don't understand is why such a matter went to court at all. Normally a Fixed Penalty notice would have been issued, and that certainly would not have needed to be entered on the application form, as made clear by the Guide AN(NEW).

[User]

I agree. I still don't understand it myself.

I got a letter asking me to go to that aprticular court and pay that fine and was told that i was given 3 points. I said ok and paid the fine and that was it.

I saw that 3 points in my paper counterpart later and it also said i paid 60 pounds as fine and that it was an offence code of SP30 (which was explained as doing a speed of more than 30 miles in 30 mile zone and that i was apparently doing 36).

After 4 years of exact time, this year 2 months before i got it cleared automatically from my driving license. (in fact i did not even ask it to be removed, they sent me a new paper counterpart with no points in it anymore ) and i asked DVLA about it and they said the points remain only for 4 years from the date of offence and now it was removed after 4 years. But they said it was not a criminal ofence but just an SP30 offence which was a normal one.

regards.

[John]

User, I am totally open to correction here but that sounds like a Fixed Penalty ticket you were issued with. Yes the money needs to be paid, and yes, you might need to pay it to a Court, but that does not necessarily mean you appeared in Court.

Or did you? Did you enter the actual Courtroom? You saw the magistrates sitting there? After hearing evidence those magistrates told you the amount of your fine and penalty points?

Or was it merely an official at the Court who explained the situation to you? Took your money? Took your licence from you? And you later got that licence back complete with the points? If this is the case then you "merely" had a Fixed Penalty notice, and as the Guide AN(NEW) makes clear, you leave that off the AN(NEW) application form.

[Kayalami]

Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.

1. Ye. Such forms part of the good character assessment pertaining to the management of your financial affairs vis a vis insolvency issues i.e. bankruptcy, IVA, CCJ's etc. Why/on what grounds was the CCJ incurred?
2. Possibly.

[Chess]

Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.

1. Ye. Such forms part of the good character assessment pertaining to the management of your financial affairs vis a vis insolvency issues i.e. bankruptcy, IVA, CCJ's etc. Why/on what grounds was the CCJ incurred?
2. Possibly.

Kayalami,

With all due respect - I dont think CCJ's should be put on the AN form. You can on theory be given a CCJ without being aware of it or by mistake

So do you mean that all people applying for naturalisation should phone Experian/Equifax to get their credit files

[Kayalami]

Kayalami,

With all due respect - I dont think CCJ's should be put on the AN form. You can on theory be given a CCJ without being aware of it or by mistake

So do you mean that all people applying for naturalisation should phone Experian/Equifax to get their credit files

You must give details of all civil proceedings which have resulted in a court order being made against you. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.

My understanding is that a CCJ is a civil proceeding - more so where a requirement to pay, if refused (especially where no reasonable grounds apply), stretches to contempt of the courts. By default such should be part of the application pursuant to its close co-relationship with an element (rightly or wrongly) of financial deliquency. It is not necessarily a ground of refusal as can be seen by the subsequent statement i.e.

Police enquiries, or other information, may suggest that an applicant is heavily in debt. This, in itself, should not be grounds for refusal if the loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, the application should normally be refused.

Checkmate

[pikachy]

where CCJ is registered ?

[pikachy]

What is the Rehabilitation Period for CCJ?

[pikachy]

ccj is not a problem. i've got an approval letter today after three month of waiting.

[vin123]

I got a letter asking me to go to that aprticular court and pay that fine and was told that i was given 3 points. I said ok and paid the fine and that was it.

The initial letter about speeding was sent from where , a court or a police speed camera unit ?

As far as I know no court in the UK take a leading role in penalizing speeding drivers.

[pikachy]

Dear friends! Where is congrats?

[fadibatti]

Congrats Pikachy....

I was away on holidays, could not see the replys for a long time.

[moonlight]

ccj is not a problem. i've got an approval letter today after three month of waiting.

Hello pickachy ,
Did you mentioned CCJ in your application and was it approved or ]]
You didnt mentioned and it was approved.
Pls answer me as i havent wrote in my application for Tier 2 visa about CCJ which was issued in 2005 and i just came to know 3 months agoa n i paid it even though i was not leaving there at the time because it was affecting my credit file for just £ 120. CCJ is now satisfied.

Thanks

[moonlight]

Hi. I'm going apply for naturalisation as British, but I've got unpaid CCJ.
Q No 1. Should I notice this in application form?
Q No 2. Will it affect my application?
Thank you.

No.

a CCJ is not a Criminal Conviction for which you get a custodial setence

Hello chess,

I would be grateful to you if you clarify further your answer.
I recently made application for Tier 2 visa. I forgot to mention driving 3 points and £ 60 fine on my licence. Very next day i wrote a covering lettter and sent the additional information to include in my application detailing driving points for over speeding by royal mail special delivery.

Was searching conviction in immigration board and looked in to this thread.
I have CCJ issued in Jan 2005 which i was not aware of till 3 months ago. found it on credit file. though i was not responsible i just paid it as it was just £ 120 and was affecting my credit file. Got satisfied judgement lettter a month ago.

I need you help to answer me more clearly so i can do proper job first thing in the morning.

Is it necessary to mentione in Tier 2 visa application about CCJ ?
Will CCJ not mentioning in application will affect my visa outcome as i just applied 5 days ago and they told me 4 weeks to process it.

Pls reply me as sooon as possible
I would be grateful to you.

Thanks