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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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British citizenship

Customer Question

me and my husband including my daughter apply for British citizenship and was refused,my husband had 2 lc20 offence and i had one lc20 offence ,so my daughter was also refused,why?

Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

What offences has your husband been convicted of?

Tom
Customer: replied 2 years ago.

the offence my husband have is lc20

Expert:  Thomas replied 2 years ago.
Right.

You shoudl have received a Fixed Penalty Notice for these offences.

Did you attempt to defend these at Court and lost?

Tom
Customer: replied 2 years ago.

no he didnt go to court he was sent the amount to pay and deducted 3 points from his provisional lesson,and he had this lc20 twice ,he was charge 35 pounds for eash and i had one lc20 which i was only charge 35 pounds and 3 points was deducted from my provisional lesson all these offence took place in 2009

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

If all you received were fixed penalty notices and these were paid in time so that they did not proceed to Court then they would not count as offences for the purpose of the good character requirement in order to be eligible to naturliste:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

Please refer to “Your Criminal Record” and specifically the 3rd paragraph for confirmation. If this is the case then you should appeal.

However, if the offences proceeded to Court or were not given as Fixed Penalty notices then they would count as offences and you should wait until the spent period of 5 years from the date of the conviction has elapsed before again applying.

You need to check whether or not they were received as FPNs basically and then take it from there..


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks,both me and my partner never went to court,we only pay the fine which where 35 pounds and points was removed from the driving license,and is this also the reason my child was refused to be registra as british citizen

Expert:  Thomas replied 2 years ago.
Hi,

Where and when was your child born please?

What date did you both received your Indefinite Leave to Remain?

Tom
Customer: replied 2 years ago.

she was born in liberia november 2001 and we receive our indefinite to remain in april 2009

Expert:  Thomas replied 2 years ago.
Hi,

Your child is not automatically entitled to be resgitered as a UK citizen. I'm afraid because she was born outside the UK and you were not setlled (ie holding ILR) at the time of her birth she does not qualify. She will have to naturalise in the same way you have.

If you received FPNS you should still qualify to naturalise if they did not proceed to court.

If they went to court OR they were not given as FPNs then they were correct in refusing. You need to find out how you received them

Tom
Customer: replied 2 years ago.

we both receive FPNS and we never went to court,we did neutralized with her but she was also refused,was she refused because of us?

Expert:  Thomas replied 2 years ago.
If that is the case and this was the only reason for the refusal then you shoudl appeal, but I cannot say that it is definately the case because I have not seeen the convictions myself.

Your daughter was probably refused because you were, yes.

Good luck.

Tom
Customer: replied 2 years ago.

SO IF YOU HAVE A SINGLE CONVICTION WHICH I HAD LC20,CAN YOU STILL BE REFUSED?AND I DIDNT GO TO COURT

Expert:  Thomas replied 2 years ago.
If it was received as a FPN then you can't be refused.

If it went to court or was not issued as a FPN then you can be refused (as I have alreaedy stated)

Tom
Customer: replied 2 years ago.

IF IT IS NOT A FPN AND YOU HAVE A LC20 JUST ONCE ,WHICH IS A SINGLE OFFENCE CAN YOU STILL BE REFUSED AND IS THIS OFFENCE A MINOR OFFENCE OR MAJOR OFFENCE

Expert:  Thomas replied 2 years ago.
Yes, you could be refused. I have stated that above. Please read my answers carefully.

Tom
Customer: replied 2 years ago.

SO CAN YOU EXPLAIN TO ME WHAT S THE MEANING OF THE FPN,HOW DOES IT GO ABOUT,IS IT A FINE THAT THE POLICE GIVE YOU RIGHT WHERE YOU WERE STOP OR DO THEY HAVE TO WRITE TO YOU,PLEASE EXPLAIN THIS TO ME I WANT TO GET A BETTER UNDERSTANDING ABOUT THIS FPN.THANKS

Expert:  Thomas replied 2 years ago.
A fixed penalty notice is a written document which is issued to you. If you pay the fine it does not count as an offence for the purpose of the good character requirement.

It would be sent to you in the post or issued on the spot to you by an officer.

If you do not dispute it by going to court then you shoudl still be naturliased.

If this is what has happened then you should appeal.

I have answered your qusetion and spent more time replying to you than for the value of your intial deposit.

Good luck.

Tom
Customer: replied 2 years ago.

JUST ONE QUESTION I HAVE CAUSE THIS IS THE EXACT SITUATION WHICH AM IN NOW AND BEEN REFUSED AND WHICH I THINK WE SHOULDNT BE REFUSED,SO CAN YOU TAKE OUR CASE TO APPEAL ON OUR BEHALF?

Expert:  Thomas replied 2 years ago.
No. I cannot accept instructions from customers. You need to have a consultation with an immigration solcitor locally.

Tom
Customer: replied 2 years ago.

thanks a million ,am very satisfy,have a nice day.


 

Expert:  Thomas replied 2 years ago.
You too.

Tom

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