mrlookforward
14 years ago
Hi Sumit,
I typed a detailed answer to your query, but lost it due to some error on the website, haha. Before I write a big post again, could you possibly tell me the month and year of both your fixed penalty notices. I will then clarify the whole position to you in detail.

regards
Sponsor

raajnarang@gmail.com.1330536374
14 years ago

1st penalty speeding SP30 3 points     17-Apr-2007 


2nd penalty Traffice light TS10 3 points  11-Jan-2010


Thanks

mrlookforward
14 years ago
As you have correctly understood, FPN's don't need to be disclosed on form AN. But as per current UKBA guidelines, more than 1 FPN in 12 months immediately preceding the application can be regarded as a pointer to persistent offending behaviour and application refused. You do not have 2 FPN's in past 12 months so this would not have been a worry for you, but now your bindover comes into play. Your conclusion that bindover is not a criminal conviction is totally incorrect. Bindover is a criminal conviction and must be declared in the convictions column of the form. As per rehabilitation of offenders act, the rehabilitation period for a bindover is 1 year or the period of bindover, whichever is longer. If by chance you were given a fine too, then the fine would attract 5 years rehabilitation period. According to guidelines, one single bindover will usually be ignored, if an applicant satisfies all the other requirements of naturalisation and is of good character otherwise. But in your case, there is more to it. Basically in past 12 months you have one bindover and one FPN, and this could cast doubts about your being a "person of good character" . I am in no way implying your application is bound to be refused. A good covering letter explaning the circumstances, and basically singing your own praises regarding the conviction goes a long way. Needless to say that if you apply when your bindover is "spent", you can be sure that your application will be successful. In nationality cases, and specially in the circumstances such as yours, no one can tell you for sure the exact outcome of the application. After reading all this, I think you will be able to make your decision.
raajnarang@gmail.com.1330536374
14 years ago

Thanks for providing me detailed answer. But checking the definition of both Breach of the Peace and Bind over, it clearly says it is not a criminal offence. Would you be kind enough to tell me your reference where it says it is criminal offence.


Also do we have any idean when are new citizenship rules are going to take affect and would they affect present ILR holders.


 

raajnarang@gmail.com.1330536374
14 years ago
Hi All,

Just to let you know, I have applied for british naturalisation and have recieved the Approval leter from Home Office.

I did not mention breach of peace in conviction section, but did write it in other section of AN form.

Hopefull this might be helpful for others with similar scenarios.

sumit
info@ukimac.com.1305368703
14 years ago

Congratulations to you -and for having the courage to be honest.


Most people tend to let fear get the better of them and end up getting things completely wrong.

raajnarang@gmail.com.1330536374
14 years ago

Hi All,


I am now eligible to basic requirements of Citizenship


5 Year Stay + 1 Yr ILR


Within the allowed time to be out of UK


I only worked with one company so no tax issues.


Problems which I think I have is


A) 2 Traffic Offences, fixed penalties and did not go to court( I believe i can ignore them as per guide lines)


B) I was given bind over on 11th April for Breach of Peace due to domestic violence.


With my intense search I have found out that this is not a criminal conviction but have not find anything definite.


I need to apply for citizenship for personal reason so I can not delay it unless i am sure it will be denied.


Does anyone have the experience.


Do I need to mention bind over, if yes in which section. I believe in other information.


urgent help is needed.


Please help.