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Traffic Offense/Conviction and Naturalisation

Posted: Tue Dec 22, 2015 2:38 pm
by mz1101
Hi Guys,

I need your help, i have a traffic conviction MS90 (Failure to furnish driver identity). I got convicted in Oct 2015. I am currently on ILR and eligible to apply for Naturalisation. Can i still apply for Naturalisation?

Its a minor traffic offence to the best of my knowledge, do you think i can apply for naturalisation or do i have to wait for another three years before the conviction gets spent. I was going through the guidance notes and i read somewhere that the case worker may ignore a minor non-custodial conviction.

Please advise....

Re: Traffic Offense/Conviction and Naturalisation

Posted: Tue Dec 22, 2015 2:40 pm
by Wanderer
Its not a minor offence and I think an MS90 stays on your licence for years - 3 for totting up, 4 for licence and 5 for insurance.

Remember to inform your insurer too, will really bump the premiums I'm afraid.

Re: Traffic Offense/Conviction and Naturalisation

Posted: Tue Dec 22, 2015 4:25 pm
by mz1101
Thanks for your reply Wanderer.

So i cannot apply for naturalisation until the conviction is spent which is 3 years ?

Re: Traffic Offense/Conviction and Naturalisation

Posted: Tue Dec 22, 2015 4:33 pm
by noajthan
mz1101 wrote:Hi Guys,

I need your help, i have a traffic conviction MS90 (Failure to furnish driver identity). I got convicted in Oct 2015. I am currently on ILR and eligible to apply for Naturalisation. Can i still apply for Naturalisation?

Its a minor traffic offence to the best of my knowledge, do you think i can apply for naturalisation or do i have to wait for another three years before the conviction gets spent. I was going through the guidance notes and i read somewhere that the case worker may ignore a minor non-custodial conviction.

Please advise....
As per HO guidance, occurring as it did in the past 12 months, it may be a dealbreaker:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see page 17

Re: Traffic Offense/Conviction and Naturalisation

Posted: Wed Dec 23, 2015 10:07 am
by mz1101
Noajthan thanks a lot for your advise

Actually, the speeding offence occurred in Aug 2014 and i was convicted in my absence in Sept 2014.

I came to know about this in June this year and did the Statutory declaration that i wasnt aware of it. So whole thing was done from scratch but unfortunately i finally got convicted in Oct 2015 for MS90 (Failure to provide driver identity).

As the original speeding offence happened in Aug 2014, its been over 12 months. What do you think do i have any chance of succuess ?

Thanks

Re: Traffic Offense/Conviction and Naturalisation

Posted: Wed Dec 23, 2015 10:27 am
by noajthan
mz1101 wrote:Noajthan thanks a lot for your advise

Actually, the speeding offence occurred in Aug 2014 and i was convicted in my absence in Sept 2014.

I came to know about this in June this year and did the Statutory declaration that i wasnt aware of it. So whole thing was done from scratch but unfortunately i finally got convicted in Oct 2015 for MS90 (Failure to provide driver identity).

As the original speeding offence happened in Aug 2014, its been over 12 months. What do you think do i have any chance of succuess ?

Thanks
Depends how you interpret the guidance about non-custodial sentences from past 3 years that may be disregarded if they are a one-off & a refusal would be disproportionate.
Or rather it depends how the caseworker sees it.

Ref page 17 of linked document (link posted above)

Re: Traffic Offense/Conviction and Naturalisation

Posted: Wed Dec 23, 2015 12:11 pm
by ohara
MS90 is not a minor offence, it's very serious. While a lot of people generally earn one in their absence (when a simple request for information for a speeding offence etc is not answered and thus escalates), some people purposely play the system and use the MS90 to hide a much more serious offence. This is why the penalty is so severe, normally 6 points and a fine of up to £1000.

Insurers know the above and this is why an MS90 will hammer your premium for the next few years.

Re: Traffic Offense/Conviction and Naturalisation

Posted: Thu Dec 24, 2015 10:00 am
by mz1101
Many thanks guys for the advise