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Author Topic: Convictions Question for Citizenship  (Read 839 times)
Ulsteryank
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« on: February 17, 2012, 02:29:34 PM »

Just had  question in regards to criminal convictions, as I'm about to sent in my application for citizenship. Now according to the guide....

"You must give details of all criminal convictions both within and outside the United
Kingdom. These include road traffic offences. Fixed penalty notices will not normally
be taken in to account, unless you have had more than one fixed penalty notice in the
last 12 months. In that case you may wish to wait to make your application until you
have no more than one fixed penalty notice in the 12 month period before applying.
Drink driving offences must be declared. If you have any endorsements on your driving
licence you must provide the paper counterpart.
Please note that a driving conviction may not yet be spent despite any penalty points being
removed from your driving licence.
"


"We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By “minor offence” we mean minor speeding offence or other ‘regulatory’ offences. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone are not minor offences either. We would not normally take Fixed Penalty Notices into account, unless you have had more than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12
month period before applying."


So what exactly is meant by conviction? I've been living in the UK since early 2008. Now in 2005 back in the States, I got a misdemeanor traffic violation of B.A.C(access blood alcohol content) that I had to pay a $500 fine for. I put this down on both my Visa&ILR, and had no problems, but according to the above it "normally" won't affect me? which brings me to another question, back in 2009 I got caught going 5 mph too fast by a speedcam and got 3 points on my license. It was all standard stuff,didn't go to court or anything, just had to send in my licence&fine so they could put the points on the paper bit, but are they wanting to know about this too? The points are supposed to go away within 3 years, which it has been since, but the points are still on my paper bit. Would this affect me, or do I have to send in my paper bit to have the points taken off before applying if mentioning it? I thought this would be straight forward, but would a misdemeanor traffic offence back in the States in 2005, and then getting hit by a mere speed cam 3 years ago both be enough to mess up my citizenship?

Cheers in advance for any replies, I'd greatly appreciate it.

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missjoules
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« Reply #1 on: February 18, 2012, 10:51:56 AM »

When I applied for my citizenship I did a doc check with my local council and she asked if I had any record at all, including driving violations. "Not even a speeding ticket?" She said. So I would put it down. I don't know how it will effect your application, but it's probably a bad idea to try to hide anything.
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Ulsteryank
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« Reply #2 on: February 24, 2012, 04:07:49 PM »

Thanks for the reply. Well I phoned up Border agency twice to make sure. Both said that I shouldn't be bothered with my FPO because they're really interested in the last year. I asked about my B.A.C, and they said I shouldn't worry as well because It was so long ago, and wasn't a felony I had to do time for anyway. I put down the B.A.C anyway because I mentioned it on my Visa, and IDL, and because they said most applications fail because of people not disclosing their history, and to reveal anything related to drink driving, so better safe than sorry.....

Well should be sending my paperwork off this evening all going well!
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