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Thomas, Solicitor
Category: UK Immigration Law
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In the application form for UK naturalisation, it requires

Resolved Question:

In the application form for UK naturalisation, it requires disclosure of any criminal conviction. It is clear that if it is unspent, then your application may not be successful until it becomes spent.
Now imagine that you have no previous record of conviction but unfortunately you visited abroad recently where you hired a vehicle but given the terrible road conditions and confusion on the interpretation of the speed road signs leading to overspeeding at 55 MPH in a motorway, you had a fatal accident. Having gone through the magistrates court in that country, you pleaded guilty to the this and the judge having weighed all other circumstances ordered a fine equivalent to £60.
Would this affect an application for naturalisation even though you have in all aspects very good character. I am stuck on this whether to send an application now or wait. Please advise? How does the UK Border Agency deal with such cases? Does the definition of spent and unspent conviction applicable to the UK apply to cases that were dealt overseas?

Please advice?
Ps: This was a road accident that was not caused by influence of alcohol or drug.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What were the reasons for the speeding?

Tom
Customer: replied 3 years ago.
The speed limit was marked as 60. Having not driven in the country before, I read this as 60 MPH hence driving at about 55 MPH. It was then later (after the accident - infant in the court) that it was highlighted that the speed limit on the road was 60 KM per hour. The road signs did not show whether this was in miles or killometres. Bearing in mind, I have done all my driving in the UK where the speed limits are in miles and I made this judgment error that the speed limit in that country was measured in miles as well.
Expert:  Thomas replied 3 years ago.

Can you just explain what you meant in your original post about it being a fatal accident. Did someone die?


Tom

Customer: replied 3 years ago.
a person was seriusly injurred but died later in the hospital.
Expert:  Thomas replied 3 years ago.

Hi,

 

Right.

 

You have to disclose the conviction in the form. If you do not then it will be viewed as deception which could potentially affect your application much more than the actual conviction.


Note the details of the conviction and penalty in the form.


In your covering letter you should explain the circumstances which lead to the speeding and state these as mitigating circumstances. I would not volunteer the death but if you are asked for further details relating to the conviction then you will have to tell them about it.

 

If there are other criminal proceedings issued then you will have to disclose these as well. Similarly, if there are any civil proceedings issued then you will also have to disclose.

 

If there are no further proceedings then I should think that provided you impress sufficiently the mitigating circumstances upon the UKBA then it is unlikely to detrimentally affect the application in and of itself.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Thanks for this.
Can you just clarify what you mean by 'not volunteer the death'. Am I correct in assuming that I should not make no note of the death but should dislose the accident, the fine given and the mitigating factors e.g. road conditions, poor road maintenence, lack of hazard warning signage as it were, my misjudgment of the speed limits and the fact that none of this was under influence of alcohol or drug and also that there was full co-operation with the authorities of that country.
Expert:  Thomas replied 3 years ago.

Yes, that's precisely what I am suggesting. You have to avoid deceiving or misrepresenting the situation but do not have to volunteer any details of the death to them for the purpose of this part of the form.

 

Trust this clarifies, if so please click accept .I will continue to answer any follow up questions you have.

 

Kind regards,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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