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applying for citizenship, but do i have a conviction?

Posted: Thu Dec 06, 2012 10:56 pm
by latino
Hi I am looking to apply for a Uk citizenship, but before I fill the forms, I would like some advice, just over a year ago, I decided to emigrate from Glasgow to Bournemouth, and after a while I hired a truck from bournemouth and drove it to glasgow to get my Family and belongings, and as I was on my way down the police stopped me, in Lockerbie, they told me my truck looked overweight, which apparently was.

So since I had no home to go back to but keep going south, I decided to get rid of nearly all of my stuff, until they eventually let me go, after a couple of months I received a letter from the procurator fiscal, saying I was getting charged for a traffic offence, and along with it a letter asking me how do I plea, guilty or not, I went to the citizens advice bureau, and their advice was to plead guilty, otherwise I will have to go to court, and it will drag, but if I pleaded guilty I may get a fine only, so I followed the advice and after a few weeks I got a letter saying I had to pay a fine of £250, which has been paid.

Now I had to get a basic disclosure for my work, and when I got it, it said,

Convictions, Date ....
Court-Dumfries,
Offence-Road traffic act 1988 SECTION 41B(1),
Disposal-CHG(S) 1 FINE £250.

Underneath in Cautions- NONE, OTHER RELEVANT INFORMATION-NONE..

Does that mean I have a conviction??, and should I mention this in the application form for citizenship?, because one of the questions is, DO YOU HAVE ANY CONVICTIONS?, (INCLUDING ROAD TRAFFIC), IF YES GIVE DETAILS.

Any good advice will be greatly appreciated, as it is a lot of money to lose, if application hasn't been done properly, thank you so much for your time and help in advance.
Abad.

Re: applying for citizenship, but do i have a conviction?

Posted: Fri Dec 07, 2012 9:23 am
by Gyfrinachgar
latino wrote:Does that mean I have a conviction??, and should I mention this in the application form for citizenship?
Yes, I am afraid so. You pleaded guilty before the court in Dumfries to this offence and have been convicted in absentia. This conviction will be unspent for a period of 5 years. So it must be mentioned on the application for naturalisation under section 3.6. This will be a big problem for a naturalisation. That being said, it isn't automatically prohibitive. If this is your very first and only offence, you may be lucky and get through. However, such an application would be heavily relying on caseworker's discretion and its outcome unpredictable. Only apply within the next 4 years if you are willing to gamble (and therefore able to accept loosing) around 800 pounds.