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MS90 Traffic Offence affect on Naturalisation

Posted: Mon Aug 24, 2015 4:43 pm
by mz1101
Hi,

I have ILR and eligible to apply for Naturalisation. But I currently have a case pending in court for a traffic offence. Hearing date is in Oct15. I was convicted for MS90 traffic offence, failure to furnish driver identity but I have got the case re-opened as I was not aware of the offence.

Can I still apply for naturalisation? Also will this have any affect on naturalisation in case I get convicted? Please can someone advise me on this.

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Mon Aug 24, 2015 4:55 pm
by geriatrix

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Mon Aug 24, 2015 5:20 pm
by Smam
Hi,

I am really sorry to hear that.

I think you have wait for the outcome of your Court Case you can't apply before that for your BC.

As Sushdmehta has advised you, very thoroughly you need to read Chapter 18 Annex D of Good character requirements for applying for BC.

Good luck for your BC.

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Mon Aug 24, 2015 6:54 pm
by noajthan
mz1101 wrote:Hi,

I have ILR and eligible to apply for Naturalisation. But I currently have a case pending in court for a traffic offence. Hearing date is in Oct15. I was convicted for MS90 traffic offence, failure to furnish driver identity but I have got the case re-opened as I was not aware of the offence.

Can I still apply for naturalisation? Also will this have any affect on naturalisation in case I get convicted? Please can someone advise me on this.
You can still apply (but may be advisable to wait until the outcome is clear).
You would need to declare that a case is pending.
If the case is not overturned you may face a refusal.

Ref https://www.gov.uk/government/uploads/s ... n_2015.pdf
&
see https://www.gov.uk/government/uploads/s ... _final.pdf
3.8
You must say if there is any offence for which you may go to court or which is awaiting hearing in court.
A MS90 charge faces penalty of 6 penalty points (non-custodial) & stays on record for 4 years:
https://www.gov.uk/penalty-points-endor ... lty-points

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Tue Aug 25, 2015 10:43 am
by mz1101
Hi Guys,

Many thanks for you valuable comments. its really helpful. I have gone through Annex D, thanks sushdmehta for this. It seems like i have to wait until i get the outcome of my pending case.

In case i get convicted is there any way i can apply for naturalisation or have to wait until its spent which is three years period.

Also does conviction have any affect on ILR?
Thanks

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Tue Aug 25, 2015 10:58 am
by geriatrix
mz1101 wrote: does conviction have any affect on ILR?
No.

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Tue Aug 25, 2015 5:51 pm
by Smam
Hi,

I am suffering the same scenario I got 6 points nearly 2.5 years a go for driving my friends car on my insurance and sadly wasn't covered to drive that and eventually I got IN10 on my license even today I still feel gutted about that incident cause I was due for my BC just after 4 months of that incident :cry: :cry: :cry: and I am still waiting for 3 years to be completed before I'll get eligible to apply for my BC.

Good luck with your BC application.

Re: MS90 Traffic Offence affect on Naturalisation

Posted: Wed Aug 26, 2015 2:42 pm
by mz1101
Hi smam,

Thanks for your reply. In Annex D it does say that in case of minor offences (non-custodial) case worker will consider the frequency of such offences and he "may" overlook if such minor offence has been committed once. But it depends on the case!! I am still waiting for the outcome of my case, lets see..

You must be not too far from applying for BC, goodluck!!