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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my husband has had his citizernship refused on a traffic offence

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my husband has had his citizernship refused on a traffic offence cu80 which was sent to court due to a mix up with the desk clerk at the police station , when my husband went in to produce his documents he handed them all in he also offered to pay at that time , he asked if a course was available so he didnt get the points , the desk officer took all the details down passed him a green slip and said they will arrange with you, a few months later we received a summons throught the door with 3 offences due to failing to produce documents and the mobile phone offence i contacted judical support who looked into this and dropped the 3failing to produce offences as all the documents where produced within seven days, it is also important to say the desk clerk at no point said to my husband that they needed to keep his licence. we looked at the green slip which was given at the time of production in order to sort the query out and the desk officer had put on the form proceed with summons and had circled refused to surrender licence, we put all these circumstances down in the court papers and my husband was given £60 fine and 3 points in line, the court clerk said in light of the mitigating circumstances the same fine as the fpn was given but we needed to pay around £30 in court costs which we were told everyone needs to pay, my husband was also granted ilr in sep 2011, my question is should we wait till 2016 to get this cleared which will have a major impact on our lives or should we ask the ukba to reconsider using the na form given at time of refusal
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Is it correct to say that he would have accepted the FPN and paid the fines and attempted to do so but because of a clerical or admisntrative mix-up at the police station by the cleark the matter proceeded to Court?

Tom
Customer: replied 1 year ago.
yes he even offered to pay at the time he went to police station, when he was caught on his phone which was just two seconds which the phone bill and the police confirmed he was given a fpn the policman had put on that he refused tonsign form my husband said at the time he as a little annoyed and was told he didnt need to sign but when he calmed down he realised he was wrong and went into police to produce his documents and pay , would this have any relevance? i have also put a compliant into the police and asked for cctv of the desk to prove all documents including credit card where given and to prove what my husband was told but they replied that the desk officer was experienced and that my husband going to court was a misfortunate mis understanding . i also have a letter from judical support to say all documents were handed in that day and 3offences had been dropped and sorry for the inconvienence
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Technically speaking the UKBA were correct in refusing the application if he received those fines at Court. As you are probably aware traffic offences that are simply FPNs which are paid and do not proceed to Court are not offences for the purpose of the good character requirement to naturalise. However, traffic offences which do proceed to Court are offences and therefore incur a spent period of 5 years.

If it was the case that your husband did all he could do in order to get the fines paid but because of the negligence of the police staff this was not done then there is a reasonable basis for appeal.

However, you would have to produce documentary evidence in this regard. The letter of judicial support is helpful if it says that your husband attended correctly to the documentation require to pay the fines. I would say that if you are able to produce this letter, witness statements from your husband and others aware of the situation and potentially the correspondence with the police then you have a reasonable to good chance of being successful on appeal if he otherwise meets the eligibility criteria to naturalise.

I would go for appeal rather than reconsideration because there is a time limit to appeal which would lapse whilst the reconsideration occurs.

Ultiamtely, if he is to remain in the UK apart from short holidays away there is no chance of his ILR being revoked so it’s not his immigration status in the UK that is at risk.

I have to go out for 30 mins now, if you have further questions I will be abel to answer upon return.

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Kind regards,


Tom
Customer: replied 1 year ago.
thanks for your reply , but on the letter supplied by ukba it says we cannot appeal ?
Expert:  Thomas replied 1 year ago.
Right, in that case you have to ask for a reconsideration. I believe that you would able to appeal on a point of law, but this does not appear to be the case because, legally, the UKBA are correct because the court judgements do exist.

I would instruct a solicitor to draft the reconsideration letter for you. it should cost around £150.00 + VAT..

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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