Driving Convictions CD10 and LC20 for Naturalisation

[HAMSAVIJAY]

I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is my only conviction!.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your application outcome.

[jimbo_uk]

The DVLA period of 4 years is irrelevant for Naturalisation purposes. It takes 5 years for most court issued fines to become "spent" for the good character requirement.

Exceptions seem to be given in some cases where the fine was only court issued because the driver was on a foreign license (i.e it's a minor 'fixed penalty' offense but it automatically went to court due to the foreign license), or if the person is otherwise stateless. There may be other situations, but in most cases if there are unspent convictions the application will be rejected.

[NiiKpani]

The DVLA period of 4 years is irrelevant for Naturalisation purposes. It takes 5 years for most court issued fines to become "spent" for the good character requirement.

Exceptions seem to be given in some cases where the fine was only court issued because the driver was on a foreign license (i.e it's a minor 'fixed penalty' offense but it automatically went to court due to the foreign license), or if the person is otherwise stateless. There may be other situations, but in most cases if there are unspent convictions the application will be rejected.

tough love right there

[NiiKpani]

I'm due to appear NCS to submit our applications (I, my wife and daughter) for citizenship on 27th Jul. 2010. I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is the only conviction, I'm giving a try by explaining these circumstances in a letter. This is purely to benefic joint application fee (£930) whether I get it or not, its a worth try.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your situation or format of your accompanying letter.

Thanks,
Vijay

How were you hoping to explain this away in your application.

[John]

CD10 is Driving without due care and attention, and LC20 is Driving otherwise than in accordance with a licence. So if we look at this UKBA document, and then read 3.2.5 in particular. you will have a better idea of what you are up against.

The LC20, were you convicted of that? If so, what was the sentence? Absolute discharge? Conditional discharge? Or what?

[HAMSAVIJAY]

Dear All,
Thanks for your reply and cautions.

Both these offences are happened when I was driving un-supervised following expiry of Indian license and having UK provisional license.

In my case, date of offence was Sep/06 whilst the conviction was given in court in Jan/07. That means I've to apply only after Jan 2012, is that correct?

Anyone have got through this situation, please share your experience.

Thanks,
Vijay

[fearless2711]

Dear All,
Thanks for your reply and cautions.

Both these offences are happened when I was driving un-supervised following expiry of Indian license and having UK provisional license.

I've started filling the form and plan to mention in the Section 6.7 of the form as follows:

"The penalty points and a small fine of £250 for the traffic offence LC20 and DC10 are related to the driving without supervision while possessing provisional license. The penalty points on the license and the offence will be claimed as spent as per DVLA legislations by 4 years from the date of offence (22/09/06). This offence is neither related to drink driving nor driving without insurance. This is the only offence I had in the past 5 years. I've enclosed a certified copy(NCS) of the paper counter part of my driving license."

I'm bit puzzled that this can be considered as conditional discharge or bind-over sort. But, its all depends on the caseworker's view.

Anyone have got through this situation, please share your experience.

Thanks,
Vijay

Hi Vijay,

Dont apply ot u will waist u money, I had same situation and I did applied with in joint application with my wife but the outcome is HO approved my wife but refused my application.

I am thinking to write them about it but let us see.

Regards,

[alizarao]

I'm due to appear NCS to submit our applications (I, my wife and daughter) for citizenship on 27th Jul. 2010. I had CD10 (£250 court fine and 3 points on my provisional) and LC20 (no fine and no points). After reading the forum and UKBA guidelines on unspent convictions "Fines" attract 5 years period. I'm bit confused that as per DVLA the above codes attract 4 years period.

As this is the only conviction, I'm giving a try by explaining these circumstances in a letter. This is purely to benefic joint application fee (£930) whether I get it or not, its a worth try.

In this regard, did anyone had such offences declared and got approved, ifso, can you please email your situation or format of your accompanying letter.

Thanks,
Vijay

i think its better to take chance but i would suggest that u should start some volenteer work immedeiately or some other commmunity service which will prove otherwise that u r of good character &that was mistake only.attach letters of volenteer work proofs with yr application.hope it will help. i know a guy who had some traffic offences got approval from ho recently but he was doing job + volenteer work.

[Backer]

HAMSAVIJAY - Why not wait until Sep 2011 your fine will be spent beacause it will be 5 years by then?

[RAJ2007]

John,

I have read the link that you provided. Correct me if I am wrong. As per my understanding, (3.2.2) someone who got one driving offence e.g. driving on the wrong side, has received one FPN and 3 points on the licence from the court could be considered as minor offence. If more than one FPN, then it is not a minor offence.

Please clarify. Also, is it advisable to sent a copy of that document when someone in this situation makes an application.

[f2k]

John,

I have read the link that you provided. Correct me if I am wrong. As per my understanding, (3.2.2) someone who got one driving offence e.g. driving on the wrong side, has received one FPN and 3 points on the licence from the court could be considered as minor offence. If more than one FPN, then it is not a minor offence.

Please clarify. Also, is it advisable to sent a copy of that document when someone in this situation makes an application.

Is this the Same Case

[HAMSAVIJAY]

Thanks for all posts from the members.

Following my recent appointment with Nationality Checking Service, I've been advised that the fine of £250 is high in order to be overlooked by the caseworker. Although its my only one offence, I'm convinced because the NCS staff rang the home office naturalisation team before me and the message was pretty heard clear that driving on provisional is very bad..

So I've to wait for another 18 months..not bad..but started looking for some volunteering aspects to balance it over.

I once again thank you all for posting your thoughts...

Thanks
Vijay

[1273]

you said: "I've been advised that the fine of £250 is high in order to be overlooked by the caseworker".

Did they tell you what's the maximum amount of fine they would overlook?

[tony_ola]

I have one LC20 (4 points and £100 fine). I was told by 2 different immigartion advisers that I shouldn't apply until it is spent

[MrNorthStar]

HAMSAVIJAY - Why not wait until Sep 2011 your fine will be spent beacause it will be 5 years by then?

HAMSAVIJAY - I would agree with Backer and would suggest wait till your conviction becomes spent. I have read instances where people have been rejected when they apply for Naturalisation and have unspent conviction.

[salars]

Hi
I have been thru the NCS. what they ask is if you have had more than 1 PCN in the last 12 months.

As per the guidelines, any PCN or points not awarded in court need not be declared on the application

Also, I believe the only serious codes are DR for drunk/drug driving which need to be declared on the application.

Thanks
Sal