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Driving penalty point affecting naturalisation?
Posted: Tue Dec 28, 2010 11:09 pm
by mkshenley
Please kindly advice on the effect of driving point when applying for naturalisation.
I got MS90 (failure to give information as to identity of driver), this comes under Miscellaneous offence and i was given 6 points in Nov 2008.
.........
i was convicted as the vehicle in question was a company vehicle which is driven by more than 25 drivers, according to the office, i was the driver driving on that day, and due to communication issue as the vehicle was registered to the company , i got no correspondence and by the time i realised, the court had already set the fine.
If i write a convering letter explaning my situation, will that help?
Please advice
Posted: Wed Dec 29, 2010 11:07 am
by Backer
Once a fine had been imposed by court then you have a conviction which currently carries a spent period of 5 years (Nov 2013 in your case). The points on your license are less relevant.
The HO may apply discretion in your case (if it is your only offence) but it also may not so your application is risky and you might loose your application fee. You have to mention this conviction of course and a cover letter explaining the circumstances can only help but it will not guarantee success
Did you apply for citizenship yet?
Posted: Wed Aug 03, 2011 5:39 pm
by salmanakram
Hey did you apply for citizenship yet? I am in a similar boat?
Re: Did you apply for citizenship yet?
Posted: Thu Aug 04, 2011 4:30 pm
by mkshenley
am due to apply next week. what is your own opinion. is there any advice from your own laywer.
am giving it a try with a covering letter explaining what happens.
Re: Did you apply for citizenship yet?
Posted: Fri Aug 05, 2011 12:30 am
by salmanakram
mkshenley wrote:am due to apply next week. what is your own opinion. is there any advice from your own laywer.
am giving it a try with a covering letter explaining what happens.
Hey what is your situation? I had 4 points with 165 fine in Magistrate court.....I was initially offered a FPN that I did not take and I went to go to court.......I explained everything in a cover letter.......
Re: Did you apply for citizenship yet?
Posted: Sun Aug 21, 2011 1:35 pm
by mkshenley
salmanakram wrote:mkshenley wrote:am due to apply next week. what is your own opinion. is there any advice from your own laywer.
am giving it a try with a covering letter explaining what happens.
Hey what is your situation? I had 4 points with 165 fine in Magistrate court.....I was initially offered a FPN that I did not take and I went to go to court.......I explained everything in a cover letter.......
Re: Did you apply for citizenship yet?
Posted: Sun Aug 21, 2011 1:38 pm
by mkshenley
mkshenley wrote:salmanakram wrote:mkshenley wrote:am due to apply next week. what is your own opinion. is there any advice from your own laywer.
am giving it a try with a covering letter explaining what happens.
Hey what is your situation? I had 4 points with 165 fine in Magistrate court.....I was initially offered a FPN that I did not take and I went to go to court.......I explained everything in a cover letter.......
Hello, have you apply yet, i got appointment with NCS on tuesday and need to find out how you wrote your cover letter explaining all this.
Please kindly assist as my appointment is in about 48 hours.
Re: Did you apply for citizenship yet?
Posted: Sun Aug 21, 2011 2:16 pm
by salmanakram
mkshenley wrote:mkshenley wrote:salmanakram wrote:mkshenley wrote:am due to apply next week. what is your own opinion. is there any advice from your own laywer.
am giving it a try with a covering letter explaining what happens.
Hey what is your situation? I had 4 points with 165 fine in Magistrate court.....I was initially offered a FPN that I did not take and I went to go to court.......I explained everything in a cover letter.......
Hello, have you apply yet, i got appointment with NCS on tuesday and need to find out how you wrote your cover letter explaining all this.
Please kindly assist as my appointment is in about 48 hours.
I have read a lot of posts on this issue and when i applied via NCS they quiet clearly told me that my application MAY get rejected. Infact they said they said there was strong chance if the conviction was given by a court. So firstly don be surprised if they same to you. I did go ahead and apply anyway through them...My advice to you is as follows:-
1) Declare all your offences.
2) In a cover letter try to bring in points that that gives them confidence about your character. This could be any good things you did for the humanity. Try to give ample evidence of that....
This is atleast what I had done.....I also explained to them why I went to court. Primarily the intent was not to challenge the police authority but explain my mitigating circumstances.....Explain your mitigating circumstances and attach any evidences.....
All above said, it still comes down to home office discretion on this issue of speeding conviction......I have applied and hoping for the best....
BTW on the hindsight I think i recommend you apply directly and not VIA NCS....Its just then when NCS tells you not to apply they also record this info along with your application and say clearly that NCS did advice the customer NOT to apply but the customer wanted to go ahead.....I my opinion i think this may have a bad impression on home office case worker...So i think if you can I would suggest you apply directly.....But this just an opinion not a legal advice....thnx
Thnx and Good Luck
Re: Did you apply for citizenship yet?
Posted: Thu Aug 25, 2011 8:00 am
by willismith
Hi salmanakram. Thanks for shearing it it is use full thing.
salmanakram wrote:
I have read a lot of posts on this issue and when i applied via NCS they quiet clearly told me that my application MAY get rejected. Infact they said they said there was strong chance if the conviction was given by a court. So firstly don be surprised if they same to you. I did go ahead and apply anyway through them...My advice to you is as follows:-
1) Declare all your offences.
2) In a cover letter try to bring in points that that gives them confidence about your character. This could be any good things you did for the humanity. Try to give ample evidence of that....
This is atleast what I had done.....I also explained to them why I went to court. Primarily the intent was not to challenge the police authority but explain my mitigating circumstances.....Explain your mitigating circumstances and attach any evidences.....
All above said, it still comes down to home office discretion on this issue of speeding conviction......I have applied and hoping for the best....
BTW on the hindsight I think i recommend you apply directly and not VIA NCS....Its just then when NCS tells you not to apply they also record this info along with your application and say clearly that NCS did advice the customer NOT to apply but the customer wanted to go ahead.....I my opinion i think this may have a bad impression on home office case worker...So i think if you can I would suggest you apply directly.....But this just an opinion not a legal advice....thnx
Thnx and Good Luck