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UK-Justice
UK-Justice, Barrister
Category: UK Immigration Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am looking to submit my application to the home office to

Customer Question

I am looking to submit my application to the home office to be naturalized as a british citizen. I meet all the necessary requirements (have been lawfully resident in UK for 13 years, have held ILR for 3 years). I was convicted of a DR10 on 03/11/05, which became spent in Nov 2010 under the Rehabilitation Act.

However, in April 2010 I got a TS10 conviction for failing to comply with Traffic lights, resulting in a 3 point endorsment and 3 penalty points on my licence. This conviction was in a magistrates court, as opposed to the usual fixed penalty notice.

Based on the above, will my application be rejected on the basis of the TS10 conviction & fine, or will the home office view this as a minor offence? Does the fine need to be spent under the rehabilitation act?

Just to further clarify, I have been to the council's check in service, and the person i saw got in touch with the home office, who advised that my application was unlikely to be successful and that I would need to wait 5 years for the conviction to be spent.

Please advise

Regards

David
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 6 years ago.

The TS10 is a non recordable offence and will therefore not be on any Police National Computer.

 

However the Drink Driving conviction DR10 will show on the PNC.

 

This could affect your application to the UKBA as it shows that you were unable to control your drinking. Although the conviction is spent, the UKBA will still have records of this (like a CRB check).

 

However I can say that there are plenty of Police officers with DR10 convictions - given the age of the conviction and if there are no other offences, you should be OK - but you should declare it to show you are not trying to hide anything.