malikw
  • malikw
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18 years ago

You should take action on actual circumstances because eventually truth is going to come out and you know what the facts are. If you were not driving then no one can say you were driving so the case will be in your favour and you have nothing to worry about.

The fact is that there is a case pending against you or in your favour. I would definitely not try to expedite my citizenship process until I know the out come. You should fight and clear your name before proceeding. I believe there is a question on the application form which asks "If there are any cases pending against you?" and if you answer "No" to it, you will be lying on your application. Not stating true facts on the application is pretty big offence in the eyes of Home Office.

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jbbajwa@tiscali.co.uk.1330535426
18 years ago

take my word. DONOT apply untill you are clear from police.

applied last year while police was doing their investigations against me. home office take all the fee and send me a letter that apply again when ur police investigation finish. only pay me back my oath money.

aeata@hotmail.com.1330535426
18 years ago

thank you for your replies guys.

would just like to clarify something here. When I was talking about my situation, I forgot to refer to some of the points.

1- I was taken by the police as they suspected that I was driving the car not my friends depending on 4 persons certified against me

2- I was bailed for free as the case is still under investigation by the police

3- finger prints have been taken from the car and it is being processed now and I will know if I am innocent (yes I swear to God I am) or guilty in 2 weeks as I have an appontment with the officer in the police station

4- A duty solicter was appinted to me at the day I was taken to the police station and I asked here about my situations and if I can carry on with the application and I even told her about all the questions in the application form. She said YES you can as it is all just allegations at the moment and nothing has been taken in the record against you. Plus all the crimes mentioned in the application form need a court order and you have not been even sent to the court.

5- I even asked the officers in the police station and they told me no information whatsoever will leave this police station till I hear about the outcome of the investigations in 2 weeks6-

I carried on with my application anyway depending on what I heard from my duty solicter and the officers in the police station

what do you think guys?

kind Regards

kerrasp@yahoo.co.uk.1330535426
18 years ago

I would think it depends on whether you have actually been charged with an offence or not. Or is it as you say just an investigation.

The guide AN(new) page 23 reads " If you have been charged with a criminal offence and are awaiting trial or sentencing, you are advised not to make any application for naturalisation until the outcome is known"

May I ask what driving offence allegedly happened, it could have a bearing on the outcome? Was it drink driving, careless driving, driving while uninsured or disqualified? If at any time your fingerprints were on the steering wheel it could be construed that you were actually the driver. If your hands had NEVER been on the wheel you should be okay

A single 'minor' offence that did not result in imprisonment may be, by discretion of the HO, ignored but must be declared. see page 24 at the bottom of guide notes.

As it seems you have already sent your application you will just have to wait and see, hope all goes well

Any other views anyone

aeata@hotmail.com.1330535426
18 years ago

Thank you very much for your reply. I will explain more now in simple serialized sentences and I hope I will be able to convey my thought properly.

1- I was not driving at all as I was the passenger

2- Because I am from Middle Eastern background and most of my friends say I look either Indian or Pakistani, I think that what triggered there especially England just lost their world cup match a day before the accident

3- the police officers came and they were about to close the investigation and they were sure that my friend was driving as they saw him coming out of the car from the driver part when they arrived to the accident scene

4- 4 people came out of no where and they certified against me that I was driving, and one of them even called me "f***ing paki", excuse my French but that what really happened. I even asked one of the officers to be my witness against this guy who swore me and he said "Sorry sir, I can not do that as swearing is part of our culture and I asked him to stop and he stopped". Can you believe that?

5- I was taken to the police station and detained for 2 hours there and they appointed a duty solicitor to be my solicitor

6- The allegations against me at the moment (assuming that I was driving) are Driving without licence, Driving without insurance, and Driving without road tax. This all were taken against me assuming that I was the driver. Of course I do not have a licence, road tax, or insurance as I have never driven a car in the UK for the last 7 years

7- I repeat again those are not CHARGES they are ALLEGATIONS

8- When I called my Solicitor and asked her about that she said I can carry on with the application as long as they are just allegations and hopefully I will be cleared soon

9- I called the home office today on the number 08450105200 and told them about the story and they told me it is ok as long as they are just allegations but I have to write to them if things got worse and I will be charged and sent to court (hopefully not so please pray for me)

To be honest I feel so worried as I have never been in a situation like that all my life and did not expect to be treated like that from the police

I am sorry if I bothered you will these tiny details but I needed to get them out of my chest

Kind Regards

kerrasp@yahoo.co.uk.1330535426
18 years ago

Hi again, not a problem, we all need to blow off steam sometimes. I apologise if my questions offended you but I was trying to help and more detail was needed before that could be done.

Now you have clarified that you HAVE NOT been charged yet then your solicitor is probably correct and I wish you well with your application. I have to ask why your friend did not state that he was driving and not you (or did he, and the police are ignoring that).

You see, sometimes you can be charged at the police station but then later, before you even get to court, all charges can be dropped. That is why I asked IF you definitely had not been charged. I know someone who thought he had been charged of an offence but didn't realise that he hadn't because the whole situation was stressful and he couldn't recall all events in the police station

Not everyone in this country will treat you in the verbally abusive manner that you have encountered. Most of us are okay, you have to believe that. Good luck

aeata@hotmail.com.1330535426
18 years ago

Not at all, on the contrary I do appreciate your valuable help by answering as many as you can of the questions here.

Actually my friend stated that HE WAS DRIVING but they ignored him. Moreover one of the allegations against him is Perverting the course of justice! As they took it he was lying to protect me can you believe that?

Anyway I think the only thing that I can do is to wait. I always trust God and I am sure it will be fine as I have not really done anything wrong

I will keep you updated guys

Regards

kerrasp@yahoo.co.uk.1330535426
18 years ago

If there is one thing that angers me more than anything else in this world it has to be injustice. I honestly think that if I were to be wrongly convicted of a crime it would upset me so much I would likely end up in an asylum for the insane. My sense of fairness has always been my downfall because I just cannot seem to understand why some others are not as true and honest as me.

I am seething now with anger at the unjust allegations made against you.

You better let us know if things turn out okay for you so I can feel calm again.

aeata@hotmail.com.1330535426
18 years ago

Thank you Mrs G but seriously you do not know how I have been feeling for the last 2 months and waiting to hear from the police station in 3 weeks. It really has affected my life badly as I am not sure now. As you said I might have touched the steering wheel by accident or even anything else near the driver seat while I was helping my friend. I am not really sure. The only thing I am sure about is this has been like hell for me.

The only thing that I can do is to wait and to pray to God to help me and to provide me with all the support I need. I am asking you all please to kindly pray for me as well.

I have received the aknowledgment last saturday and for me it is a good omen so hopefully will trurn out good

Regards

aeata@hotmail.com.1330535426
18 years ago

Hello All,

I have some good news

The good news is everything's been dropped, No further action will be taken against me, and the reason is "INSUFFICIENT EVEDINCE".

2 months of the worst time I have ever had in my life BUT I am clean now and it was a relief.

Thanks to all of you

kerrasp@yahoo.co.uk.1330535426
18 years ago
That's good news indeed.So no more worrying then!
aeata@hotmail.com.1330535426
18 years ago

I am resurrecting this issue again as some of you might be in my situation.

I got a REFUSAL letter from the HO 5 days after receiving the acknowledgement letter. Reason being is:-

"I had an Impending Prosecution and I failed to tell them about that in my application. Accordingly I am not considered as a GOOD CHARACHTER and consequently I failed to meet one of the requirements. I also had the right to apply for a fresh application"

Of course I called them and explained that I asked my Solicitor, the Police Officers in the police Station, even I called the Nationality Help Line and they all confirmed that I could carry on with my application and I would have to contact the HO in writing if the outcome of the investigations has been charging me.

Apparently they did their checking process before the day of my attending in the police station and ALSO the guys in the Police Station revealed to the HO all the information related to my allegation on the contrary of what I was told

I called them in the HO and explained everything. I also told them about dropping all the charges against me and I am all clean now and I even got a form from the Police Station saying that "No Further Actions will be taken against me for the reason being is Insufficient Evidence". They have advised me to send them (the HO) a Reconsideration Letter to open my case again instead of applying freshly and I did that. I did not do that by myself and I hired an Immigration Barrister this time.

My IB has sent the Letter and I am still waiting.

Just told you all about that just in case if there is anyone in my shoes so I am advising you to wait and do not believe anyone. Always call the Nationality helpline and ALSO ask for the details of the person who advised you on the phone and include his/her details in your application

I will keep you updated

aeata@hotmail.com.1330535426
18 years ago

Hello everybody,

I have a very important question here and I do apprecite if someone can answer me.

first of all I just passed my nationality test last saturday so I am about to fill my application and I have already booked an appointment with one of the NCSs.

A month and a half ago I had an accident with my friend. He was driving but some of the people in the street got confused and certified against me saying that I was driving. Of course I denied that and the Police decided to take the finger prints from the car to see if it was my friend who was driving or me. I am still waiting to hear from the Police middle of next month. I asked them in the police station if that would affect my application for the British Nationality and the Police officer confirmed that no information will be leaving the police station even for the homeoffice till the finger prints invistigation is done. That also means that I am not waiting for any case with any court at all. so to cut a long story short, I do not have any case agains me and I am just waiting to hear from the police station to clear me off

My question is:-

Do I have to wait till I hear from the police station or shall I just carry on with filling may british nationality application?

Please advise as I am so worried

Regards