Page 1 of 1
Good character requirement for naturalisation
Posted: Sun Jun 23, 2019 11:50 pm
by Bdekers
Hi everyone,
I was hoping someone can enlighten me and help me make a decision in regards to applying for BC.
Last 2017, I received a letter stating “Further steps notice” on the header of the letter from HMCTS Kent Surrey and Sussex Enforcement Business Centre. I have not received any other notice aside from this. Apparently “On 08/11/2017, you were the person in whose name a vehicle, namely MOTOR VEHICLE xxxxxx was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Traffic Act 1988. Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
Apparently a letter was sent to my old address (we moved house on 16/11/2017). So summons were sent to the old address too. The car was my old car and forgot to renew the insurance in time as It was not being used and lost track of the renewal date.
I have paid the fine the day I received the letter from the Enforcement team.
My question is: Can I apply for naturalisation now? I got my ILR January 2018? Or i have to wait for 3 years since the day of the offence?
Thank you for your help.xx
Re: Good character requirement for naturalisation
Posted: Mon Jun 24, 2019 1:05 am
by zimba
Driving without insurance and being fined by the court will affect your good character unless at least
3 years have passed since the court conviction.
Similar case and refusal:
british-citizenship/citizenship-applica ... 69294.html
Re: Good character requirement for naturalisation
Posted: Mon Jun 24, 2019 11:50 pm
by Bdekers
Thanks for your reply Zimba!:)
I did not used the car and was not stopped by the police. It was a matter of not renewing the insurance in time.
I assume the same principle applies though?
Re: Good character requirement for naturalisation
Posted: Tue Jun 25, 2019 12:13 am
by zimba
Your car must be insured at all times with min 3rd party cover as per law whether you drive it or not unless your car is NOT parked on a public road AND you have a valid SORN certificate
Re: Good character requirement for naturalisation
Posted: Mon Jul 01, 2019 5:07 pm
by Vabli2
Bdekers wrote: ↑Sun Jun 23, 2019 11:50 pm
Hi everyone,
I was hoping someone can enlighten me and help me make a decision in regards to applying for BC.
Last 2017, I received a letter stating “Further steps notice” on the header of the letter from HMCTS Kent Surrey and Sussex Enforcement Business Centre. I have not received any other notice aside from this. Apparently “On 08/11/2017, you were the person in whose name a vehicle, namely MOTOR VEHICLE xxxxxx was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Traffic Act 1988. Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
Apparently a letter was sent to my old address (we moved house on 16/11/2017). So summons were sent to the old address too. The car was my old car and forgot to renew the insurance in time as It was not being used and lost track of the renewal date.
I have paid the fine the day I received the letter from the Enforcement team.
My question is: Can I apply for naturalisation now? I got my ILR January 2018? Or i have to wait for 3 years since the day of the offence?
Thank you for your help.xx
There is no issue whatsoever. I deal in cars, DVLA send letters like that to warn people who don’t have insurance. There is a £100 or more fine as well on second stage for not insuring the vehicle after the first notice. But it never is a criminal offence equal to driving a car without insurance. Hope that helps.
Re: Good character requirement for naturalisation
Posted: Mon Jul 01, 2019 11:20 pm
by Bdekers
Vabli2, do you think the summon from the court affect it though?
Re: Good character requirement for naturalisation
Posted: Tue Jul 02, 2019 1:15 am
by zimba
A fine will be treated as a criminal conviction under the Good Character requirement guidelines. The view that it is just a £100 fine is not accurate. I also posted a link to an identical case of refusal above
Fines
A fine counts as a criminal conviction and forms part of someone’s criminal record. Fines must be declared and may result in refusal if received within the last three years. Failure to declare may result in an application being refused on the grounds of deception.
https://assets.publishing.service.gov.u ... idance.pdf
Re: Good character requirement for naturalisation
Posted: Fri Jul 05, 2019 11:05 am
by Vabli2
Zimba wrote: ↑Tue Jul 02, 2019 1:15 am
A fine will be treated as a criminal conviction under the Good Character requirement guidelines. The view that it is just a £100 fine is not accurate. I also posted a link to an identical case of refusal above
Fines
A fine counts as a criminal conviction and forms part of someone’s criminal record. Fines must be declared and may result in refusal if received within the last three years. Failure to declare may result in an application being refused on the grounds of deception.
https://assets.publishing.service.gov.u ... idance.pdf
The so-called similar link you sent is not similar at all! In your example the offender was driving the car without insurance, got caught by police, convicted and received 6 penalty points along with a financial penalty fine. Driving a car without insurance is a criminal offence, whereas having a car without insurance is not! "Any vehicle should be insured even stationary" is pretty new law just introduced and enforced fairly recently about 5 years ago. But it is never treated the same way as driving the car without insurance!
Also a simple fine without conviction doesn't come under "Good Character" Category for naturalisation purpose unless it is repeated many times in contrast to your statement above.
Re: Good character requirement for naturalisation
Posted: Fri Jul 05, 2019 11:13 am
by Vabli2
Bdekers wrote: ↑Mon Jul 01, 2019 11:20 pm
Vabli2, do you think the summon from the court affect it though?
Just declare that in your Naturalisation application and it would not be any problem at all!