How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I got my ILR in August 2011, and i attempted to apply for naturlaisation

Resolved Question:

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.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

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

Tom
Customer: replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.
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 1 year 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.

Expert:  Thomas replied 1 year ago.
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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year 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 1 year ago.
Relist: Incomplete answer.
the answer i have receievd i have already known and nothing new was added.
Expert:  Thomas replied 1 year ago.
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 1 year ago.


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

Expert:  Thomas replied 1 year ago.
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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice