24 replies to this topic

[ali5890]

Does anyone think that the new statement of changes affect Naturalization applications. Particularly  does this affect the rehabilitation periods outlined in the the good character requirement before?

In the explanatory memorandum under purpose of these changes, it does include a bullet point - Apply new criminality threshold to all types of application

Would appreciate any insight into these new changes.

Thanks

[Victoria]

Yes it does.

[ali5890]

Victoria, on 03 December 2012 - 08:57 PM, said:

Yes it does.

I have a fine and license endorsement which restricts me from applying for naturalization until June 2015 according to the old rules.
If you think that the new changes are in my favor and if it's worth applying for naturalization now, would you take up my application?
Date of conviction is June 2010, and obviously all other criteria is met.

[Victoria]

Please email me to discuss.

[ali5890]

Victoria, on 04 December 2012 - 09:56 AM, said:

Please email me to discuss.

Just done that, thank you.

[tundedoc2be]

Hello Victoria,

I also a question for you. I have pending traffic offence court summon of which I have pleaded non-guilty and I am still awaiting the date of hearing. It is about motor insurance allegation. I am due for ILR in January 2013 after having spent about 5 years on Tier1-HSMP. My leave expires in first wek february 2013.

I have tried getting sameday appoitment for ILR in December 2012 to no avail. I am now wary of the criminal record clause for ILR in the new rules that will come to force on 13 December 2012.

I am not really sure if my defence at the magistrate would be accepted and so if I am fined at any moment from now, it will affect my applications.

I am really having sleepless nights,

Considering the Criminality Clauses in both the existing rules and the new rules coming force on 13 December 2012.

My questions:  Should I apply for extention of my Tier 1 General General before 13 December 2012 and wiat for another 2 years before applying for ILR in 2015

OR
Should I apply for ILR by post now as I am not yet fined by the magistrate (My fear if I am fined whilst the applicaton is pending)

OR

Should I wait for the new rules to come to force on the 13 December 2012  and then apply for ILR by post if the court hearing date is fixed for a date after 13 December 2012. I am considering the general reasins for refusing ILR clause  in the statements of changes becuase at the moment nothing is recorded on my criminal record until the court finally convicts me.

The ILR criminality rules clause which seems to have replaced the unspent convictions under the ROA 1974 is below (copied from the statement of changes)

"The applicant has, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record".

Plase advise me I am just in confused state, I av just 3 weeks to get ILR. I am the most unlucky person in the world.


Thank you.

[Victoria]

What have you been charged with?

[tundedoc2be]

Driving on Provisional Licence without supervision and thus this invalidates the insurance policy I had to drive the car, I have paid up-front for the insurance for a year. The police is saying my insurance does not cover me but I am saying it does. So the matter is up to the magistrate to decide.

[Victoria]

So you will probably be found guilty.  Oh dear.  Could you have not just taken a fine and points?

[tundedoc2be]

Tnak you for the responses, I was prepared to accept on-spot fixed penalty and 6 points on my licence, even if to give up my driving lessons and driving licence plans. But the Policeman said I have commited 2 offences and so I must be charged to court, it happened in April 2012 and the court summon came in November 2012.

I really dont know what the outcome will be. If am lucky to be cleared of the insurance, I should be given 3 points on my licence and an option to pay fixed on spot penalty.

Victoria, what do you advice in regards to my ealier immigration questions. I have given up the nightmares I have had on the driving issue, I am more concerned about  the decision to make on the type of application that I should make as soon as possible. The hearing date has not been fixed as of today.