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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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cu80 naturalisation

Customer Question

Hi I send my application to the uk border agency for naturalisation but forget the declare my cu80 I though is minor offence but when I search the net I should declare it because I refuse the sign the fpn than I received the summons after 6 months I just plead guilty by post and they gave me 3 point and 60 pount fine is my application get refused I declare my two other spend offences but not cu80 because I thougt is minor offence I just sent it 2 days  ago if I can call or  write to them to send my application back as they didint even looked at it yet or is there any chance  its get approval if there is no chance they diidnt took the money yet from my bank  can i cancel my application and wait another 2 years plz help urgent

Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Howard replied 3 years ago.
The last part of the following text is of relevance:

3.3.2 Caseworkers should not normally disregard any conviction that falls into the following
categories irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (for example, theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone.

This is from guidance found here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary

If you had signed the FPN then you would have been ok. As this was decided by a Court and you entered a guilty plea then this should be expected to be a criminal conviction and you should therefore withdraw your application and apply once this conviction becomes spent.

Once you have withdrawn the application it might be worth checking if this did form part of your criminal record - it is always worth checking just to ensure you know the situation with certainty.

Sorry that I could not have better news for you.
Customer: replied 3 years ago.

What do I need to do the withdraw my application just need to call or write to them is there any chance it get approval because I had friend got simioar offence lc20 dealing with the court and it get approved as I mention I didint declare it what wiill happen they can finf out as soon as they do criminal check what will hapoen if they found oyt I didint declare and it dosent make any sense if I accept the fpn ir dealing with the court its justvthe day police officers he wasnt kind thats the reason I refused the sign as soin as I received the summons I just plead guilty by post didint even goto the court its nit like I didint accept the offence dudint want to dealing with the officer thats all even court I send letter I explain to them ehat happen I did sccept the fpn its just the officer wss very rude thats all

Expert:  Howard replied 3 years ago.
There are many variations in decisions and that is a different offence. I have shown you what guidance says about this - you might get lucky but it is up to you whether or not you want to take such a chance and I advise against it unless this does not appear as a criminal conviction for some unknown reason.

You can withdraw using the following page:

https://eforms.homeoffice.gov.uk/outreach/Return_of_Documents.ofml
Expert:  Howard replied 3 years ago.
Please remember to rate the service that I have provided. If you still have further questions then you can of course ask.
Expert:  Howard replied 3 years ago.
Please remember to provide a positive rating of the service that I provided to you. If you have further questions then you can continue to ask once you have provided a rating although I believe your question has been fully answered.
Expert:  Howard replied 3 years ago.
Matthew,

I have spent time providing you with answers to your questions and I would appreciate you taking the time to confirm that your question has been answered and ideally providing a positive rating for the service that was provided.