Will LC20 effect my AN form ?

[north123]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

[Amber]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.

[Heisgood]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.

D4109125 you stated "though as it is a recklessness offence it could still cause a discretionary refusal" - Which HO document states this as I have never seen or heard such a thing ?

[Amber]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.

D4109125 you stated "though as it is a recklessness offence it could still cause a discretionary refusal" - Which HO document states this as I have never seen or heard such a thing ?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary paragraph 3.3.2(e)

[Heisgood]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.

D4109125 you stated "though as it is a recklessness offence it could still cause a discretionary refusal" - Which HO document states this as I have never seen or heard such a thing ?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary paragraph 3.3.2(e)

I have read that document before and there is nothing on the document suggesting any of the above fall in the reckless category. See below what is define as the examples of reckless with relation to HO. Again, I am yet to see a single post on the forum where someone was denied BC based on ONE spent LC10 conviction/court fine as indicated above.



When minor convictions may be disregarded
3.3.1 Where the applicant is of good character in all other respects caseworkers should normally
be prepared to overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these fines are not classed as
convictions and as such do not come within a sentence based threshold (see
paragraphs 3.5.2 and 3.6.4).
3.3.2 Caseworkers should not normally disregard any conviction that falls into the following
categories irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (for example, theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone. (NB Caseworkers should remember that fixed penalty notices do not constitute offences – see paragraph 3.5.2).

[Amber]

The Rehabilitation of Offenders Act does not reduce from 5 years to 3. However, for the Good Character Requirement a non-custodial conviction i.e. court fine will not be an automatic bar after 3 years. Therefore, your conviction should not cause a refusal, though as it is a recklessness offence it could still cause a discretionary refusal, though this is very unlikely.

D4109125 you stated "though as it is a recklessness offence it could still cause a discretionary refusal" - Which HO document states this as I have never seen or heard such a thing ?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary paragraph 3.3.2(e)

I have read that document before and there is nothing on the document suggesting any of the above fall in the reckless category. See below what is define as the examples of reckless with relation to HO. Again, I am yet to see a single post on the forum where someone was denied BC based on ONE spent LC10 conviction/court fine as indicated above.



When minor convictions may be disregarded
3.3.1 Where the applicant is of good character in all other respects caseworkers should normally
be prepared to overlook a single minor unspent conviction resulting in:
a. a bind-over order
b. an absolute or conditional discharge
c. admonition
d. a relatively small fine or compensation order.
e. a fixed penalty notice and Scottish fiscal fines - these fines are not classed as
convictions and as such do not come within a sentence based threshold (see
paragraphs 3.5.2 and 3.6.4).
3.3.2 Caseworkers should not normally disregard any conviction that falls into the following
categories irrespective of the severity of the sentence imposed:
a. Offences involving dishonesty (for example, theft, fraud)
b. Offences involving violence
c. Offences involving unlawful sexual activity
d. Offences involving drugs
e. Offences which would constitute “recklessness” – for example, drink-driving, excessive speeding, driving without tax/insurance or whilst using a mobile phone. (NB Caseworkers should remember that fixed penalty notices do not constitute offences – see paragraph 3.5.2).

The convictions given are examples. I did say it was very unlikely.

[ukforever]

Hi Friends,
I had driving conviction which has held on feb10 2010 for LC20(driving a car without valid licence), the policer officer doesn't have access to issue Fixed penality on the spot because of international driving lic will be dealt by court as per i know.I been to court and told me there will be 3 points on lic and £60 pounds.

Now i'm planning to apply AN f on july , According to new Reabill.... Act reduces from 5 to 3 years im i elgible for applying for BC now. pls posts any information on this.

thank u.

Sentence Impact on Nationality applications
1. 4 years or more
imprisonment
Application should be refused, regardless of when the
conviction occurred.
2. Between 12 months and 4
years imprisonment
Application should be refused unless 15 years have
passed since the end of the sentence.
3. Up to 12 months
imprisonment in the last 7
years
Applications should be refused unless 7 years have
passed since the end of the sentence.
4. A non-custodial offence Applications should be refused if the conviction occurred
in the last 3 years.


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Amber]

Hi Friends,
1)I have a driving conviction LC20 which was happened in feb2010, the police officer doesn't have access to issue FPN on the spot because of im driving on international LIc. Then summons came from court and issued 3 points on LIC and £60 fine.

2) I got ILR in july 2013 , I haven't disclose in ILR form because its FPN through court which I thought on posting ILR form.

3) Now im planning to apply For BC by end of this month, so will I want to disclose my offences in the form ?

4) The 3 year period has ended on feb13 and still the points and fine will be there on counterpart until feb2014 and finally

5) If I disclose now the caseworker will question me why you haven't disclose when you apply while ILR ?


I have gone through different threads, not sure what to do at this time.
Please give some valuable suggestions.

Thank you,
North123.

[Amber]

You have a conviction and that needs to be declared, the fact that you practiced deception on your previous applications could create a 10 year bar. However, it's whether the caseworker picks up on this, I think that's unlikely.

[soma7474]

Hi

declare your all convictions, your convictions will not effect your application.

[Amber]

soma7474 the OP failed to declare his/her convictions on previous immigration applications, so it might not be as simple as you suggest.

[Smam]

Hi,

Simple is that mate if you've applied for your ILR and you've gone through then I would simply advice you to go a head now as well and just apply for your Naturalisation as well.

Kindly keep us updated on the forum of the outcome of your application.

Good luck.

[hyclassic]

Dear North123

Did you declare this convictions on your Naturalizations application then?

Can you please update? I am in the same situations as you

please PM me or write here

Or any other members of the forum please shed some light