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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I got my ILR in August 2011, and i attempted to apply for naturlaisation

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I got my ILR in August 2011, and i attempted to apply for naturlaisation through a NCS in Septmeber 2012. I had two traffic offences whihc i was booked for : LC20 (driving otherwise than in accordance with a licence) and CU80 (Using a mobile phone while driving a motor vehicle). I got a letter from the court, to which I pleaded guilty by post (they gave me the option), and paid the fine. I did not contest the offence and consequently I was asked to pay a fine of £240 and got 4 points endorsed on my license in July 2008. At that time, at the NCS, I have been told that I will need to wait for another year to apply on this basis you would not be able to apply for Naturlisation until 5 years have passed.
Recenlty, I have checked the AN report guid and I relaised that there is no mentioning of the 5 years waiting time. Instead, I had the understanding that this now falls under “A non-custodial offence” in which “Applications should be refused if the conviction occurred in the last 3 years” and conequently this make make me qulify to apply. Is this correct? Please advice.
Hi,

You mention that you have applied for naturalisation, what was the specific reason for the rejection please?

Tom
Customer: replied 4 years ago.

I haven’t applied formaly. However at the NCS I was strongly advised not to apply because of these traffic offences

Okay.

Did you receive a letter from Court in respect of one of the offencesw you mentioned, rather than a fixed penalty notice?

Tom
Customer: replied 4 years ago.

Yes! I got summoned by the court (both traffic offences were at the same time), to which I pleaded guilty by post (they gave me the option), and paid the fine. I did not contest the offence and consequently I was asked to pay a fine of £240 and got 4 points endorsed on my license in July 2008.

Hi

Thanks for your patience.

I would say that because effectively you did not receive fixed penalty notice for these and instead received a conviction at Court, albeit one that you pleaded guilty to, then these would count as conviction for the purpose of determining your eligibility for “good character” and naturalisation.

Because of this and the fact that there are two convictions I would say that applying before the “unspent” period has expired under the Rehabilitation of Offenders Act would be a risk. The spent period for these offences is 5 years from the date of conviction.

So, if you were convicted in July 2008 in my opinion you would be rejected if you submitted an application for naturalisation at any time before July/August 2013. I would wait until August 2013 and submit your application then. If you are otherwise eligible then you will be fine.

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Kind regards,


Tom
Customer: replied 4 years ago.

I understand this
completely. However, I checked recently AN report guide (available at: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_an.pdf
page 44 of the document) and it states that for “A non-custodial offence” Applications
should be refused if the conviction occurred in "the last 3 years” and this
is what is confusing me. which one is correct here? Please advise! What is the
difference between what you have just said and what is written in the AN Guide ?



Customer: replied 4 years ago.
Relist: Incomplete answer.
the answer i have receievd i have already known and nothing new was added.
Hi

Can you refer me to the section in which non custodial sentence is referred? Page 44 on that document is blank when I view it..

Tom
Customer: replied 4 years ago.


apologies i mean page 40 in the document. the infomration is presented in a table in section 9 "GOOD CHARACTER"

Hi,

I see. I agree that there is a tension there, but I would refer you to the following link and you will see under the heading "Your criminal record" it confirms that "If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

The rehabilitation period for this is 5 years, which you can check here:-
http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

The UKB are not beyond making mistakes and in my experience as a practitioner they have made on in the guide that you refer to.

Please trust me; applying now is a big risk and you should wait.

Please remember to rate my answer.

Kind regards,

To
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