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British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 2:04 am
by Seselwa
I am in a situation where by I am about to put in an application for citizenship but I have driving without insurance on my license from may 2014. Will it be an instant no or is there a chance of approval. I had the same thing in 2013 when I applied for Ilr.but they issued the ilr. How different is my current situation?
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 8:55 am
by noajthan
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 10:15 am
by Sheffield_Marketeer
If you've been caught twice for driving without insurance, there is a likelihood the UKVI will take this as not complying to the good character test.
Hence, you may not get it approved.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 10:36 am
by Casa
Sheffield_Marketeer wrote:If you've been caught twice for driving without insurance, there is a likelihood the UKVI will take this as not complying to the good character test.
Hence, you may not get it approved.
I believe that the OP means they applied successfully for ILR with the previous driving without insurance charge although I agree that the post isn't clear.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 12:41 pm
by Seselwa
Well the first time was feb 2011. I was in the British army at the time, so my application will be based on crown dependencies. But according to what I've heard, if the offence is spent you don't have to declare it. But my problem. Ow is im out of the army and I got caught for the same offence in march 2014.but it's been about 3 years since.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 12:48 pm
by Casa
You need to declare both offences.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 12:57 pm
by Seselwa
I'm sure they said that spent offences don't need to be declared. The first offence was 6 years ago, and it became spent feb 2016, second offence will be spent march 2019. I was only gonna declare the second one.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 2:37 pm
by DW76
Unfortunately not, there is no such thing as the Rehabilitation of Offenders Act when it comes to immigration. Every offence committed, including youth offences, need to be declared on the application form, continuing onto page 22 if there are more than instances than the space allows for.
Re: British Citizenship/ Driving without insurance
Posted: Tue Jan 17, 2017 2:47 pm
by noajthan
And be aware that leaving some crime out of the application may be interpreted as deception which can lead to a ban regardless of the severity of the offence as it is a material fact that's been suppressed or omitted.
Re: Previous overstay- discretion decision in Naturalisation
Posted: Mon Jan 23, 2017 3:12 pm
by Seselwa
Hi all
I have filled an application for naturalisation but I fear the worst as I overstayed 60 days back in 2013 after discharged from the forces. Date of discharge 17/04/2013. Was given 28 days grace period by HO. Did not have enough money for ilr so I overstayed some days and then left the country in July and applied abroad which took me a month from application. ILE given in October and was back in the country beginning of November 2013.
Is there any chance of success if I apply now.
Re: British Citizenship – Good Character Requirement FAQs
Posted: Mon Jan 23, 2017 3:32 pm
by Seselwa
Hi all
I have filled an application for naturalisation but I fear the worst as I overstayed 60 days back in 2013 after discharged from the forces. Date of discharge 17/04/2013. Hot given 28 days grace period. Did not have enough money for ilr so I overstayed some days and then left the country in July and applied abroad which took me a month from application. ILE given in October and was back in the country beginning of November 2013.
Is there any chance of success if I apply now.
Overstayed 60 days
Posted: Mon Jan 23, 2017 3:49 pm
by Seselwa
Want to put in an application for citizenship, but have concerns about overstaying 60 days when I left the forces back In 2013. Due to lack of money I couldn't apply for ilr. So I overstayed for a bit until my family sent money from abroad, them I left the country and applied for ile abroad and was granted within a month and I came back straight away. Is there any discretion in this case or do I have to wait for 10 years to apply
Re: British Citizenship/ Driving without insurance
Posted: Mon Jan 23, 2017 4:14 pm
by noajthan
Posts merged.
Re: British Citizenship/ Driving without insurance
Posted: Mon Jan 23, 2017 6:39 pm
by Seselwa
Is there anyone that has an idea about the overstay situation
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 1:32 pm
by Seselwa
Wish there was someone that can spread a bit of light on the overstay situation as I'm a ex-member of the forces and it's because of them that I overstayed in the country. But even with the overstay I did my ile abroad and it was a quick approval within a month with the overstay situation as my exit from the country wasn't recorded and I am also married to a British citizen since 2011
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 1:36 pm
by noajthan
Seselwa wrote:Wish there was someone that can spread a bit of light on the overstay situation as I'm a ex-member of the forces and it's because of them that I overstayed in the country. But even with the overstay I did my ile abroad and it was a quick approval within a month with the overstay situation as my exit from the country wasn't recorded and I am also married to a British citizen since 2011
The question of overstay is discussed in the
good character document (linked above).
See Section 9.
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 3:38 pm
by Seselwa
So do you think that there's no Lee way whatsoever when it comes to overstaying. As you guys say all the time don't rely on the UKVI phone lines. One of them told me that since I was a member of the British army and I explained my situation to her, she said my reason is a valuable one. She told me all I need to do is put in an application and add a letter stating the reason for the overstay and include the army welfare office as a reference and there's a chance of success. But I don't want a chance I want a definite answer as yes they have passed these applications before.
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 3:45 pm
by Wanderer
Seselwa wrote:So do you think that there's no Lee way whatsoever when it comes to overstaying. As you guys say all the time don't rely on the UKVI phone lines. One of them told me that since I was a member of the British army and I explained my situation to her, she said my reason is a valuable one. She told me all I need to do is put in an application and add a letter stating the reason for the overstay and include the army welfare office as a reference and there's a chance of success. But I don't want a chance I want a definite answer as yes they have passed these applications before.
Never believe anything from UKVI unless you can get it in writing and what difference does serving the British Army make to all this? Overstay is overstay.....
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 3:54 pm
by noajthan
Seselwa wrote:So do you think that there's no Lee way whatsoever when it comes to overstaying. As you guys say all the time don't rely on the UKVI phone lines. One of them told me that since I was a member of the British army and I explained my situation to her, she said my reason is a valuable one. She told me all I need to do is put in an application and add a letter stating the reason for the overstay and include the army welfare office as a reference and there's a chance of success. But I don't want a chance I want a definite answer as yes they have passed these applications before.
Good character is assessed on the balance of probabilities, so its not black and white or open and shut;
there are shades of grey.
You can help yourself by making a compelling case in a cogent cover letter explaining the situation as you experienced it.
Don't go over the top.
If you have support from BA and/or some character references and testimonials that may help.
There's no guarantee if you have a period of overstay (even if it was overlooked as a concession in a previous visa application) but
nothing ventured nothing gained.
But it would be prudent to make a Plan B.
Good luck.
Re: British Citizenship/ Driving without insurance
Posted: Wed Jan 25, 2017 6:07 pm
by Seselwa
Thanks noajthan, by the way wanderer there are different rules to people who serves the army and other members of the public. The application is dealt with with more lee way as member of the forces face life in a different way on the battlefield. Sorry to put it like that or do the HO to have that system. Members of the BA have more chances of not meeting the good character after experiencing the battlefield. We have demons that we fight everyday hence those that come back in one piece still end up killing the selves at the end of the day. If you haven't experience the army do t talk about it in that way please
Re: British Citizenship/ Driving without insurance
Posted: Thu Jan 26, 2017 12:13 pm
by Seselwa
noajthan wrote:Seselwa wrote:So do you think that there's no Lee way whatsoever when it comes to overstaying. As you guys say all the time don't rely on the UKVI phone lines. One of them told me that since I was a member of the British army and I explained my situation to her, she said my reason is a valuable one. She told me all I need to do is put in an application and add a letter stating the reason for the overstay and include the army welfare office as a reference and there's a chance of success. But I don't want a chance I want a definite answer as yes they have passed these applications before.
Good character is assessed on the balance of probabilities, so its not black and white or open and shut;
there are shades of grey.
You can help yourself by making a compelling case in a cogent cover letter explaining the situation as you experienced it.
Don't go over the top.
If you have support from BA and/or some character references and testimonials that may help.
There's no guarantee if you have a period of overstay (even if it was overlooked as a concession in a previous visa application) but
nothing ventured nothing gained.
But it would be prudent to make a Plan B.
Good luck.
So noajthan one thing I would like to know is, the fact that I left the country voluntarily after 60 days in 2013, what data will the home office use to know when I left the country? And that is because i might apply as married to a British citizen which only requires you to declare 3 years worth of travel
Re: British Citizenship/ Driving without insurance
Posted: Thu Jan 26, 2017 12:21 pm
by noajthan
Seselwa wrote:So noajthan one thing I would like to know is, the fact that I left the country voluntarily after 60 days in 2013, what data will the home office use to know when I left the country? And that is because i might apply as married to a British citizen which only requires you to declare 3 years worth of travel
UKVI has many datafeeds and datasources.
You could request a SAR from UKVI to get some insight on what may be available (to you).
Re: British Citizenship/ Driving without insurance
Posted: Thu Nov 30, 2017 7:31 pm
by able123
Seselwa wrote: ↑Tue Jan 17, 2017 2:04 am
I am in a situation where by I am about to put in an application for citizenship but I have driving without insurance on my license from may 2014. Will it be an instant no or is there a chance of approval. I had the same thing in 2013 when I applied for Ilr.but they issued the ilr. How different is my current situation?
Hi, my friend got his ILR IN 2013 and in June he was convicted of driving without insurance.
Please any one can advise as my friend wants to apply citizenship will this be refused? Are there any exceptions?