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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I need to apply for neutralisation and have point on my license

Resolved Question:

I need to apply for neutralisation and have point on my license but according to the rehabilitation law I have to declare them till 2015. The problem is when I applied for previous application ILR and spouse i did not declare my point? What do you advise I should do, should I mention it my neutralisation application or just leave it blank
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You MUST declare your conviction for any offence including traffic offence for your naturalisation application.

If the Home Office finds out about it and you have not declared it, your application will be refused on the grounds of deception and you could be banned from reapplying for a further period of 10 years.

Hope this helps
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX please confirm if the The Rehabilitation of Offenders Act 1974 has been reformed most website says it was updated on 14th of march 2014 according to the changes I only need to declare my point from one year of conviction. I got my points in 2010 so I would not need to declare it

Expert:  UKSolicitorJA replied 3 years ago.
The UK naturalisation rules now say that you have to declare all convictions, whether spent or not, and they do not follow what the Rehabilitation of Offenders Act says.

You must declare your conviction whether it was in 2010 or whether it was in 2014 or whenever it was.

Ultimately, it is your personal choice whether to declare the conviction or not, nobody can force you to declare it if you do not wish to, but I have advised that under the UK naturalisation rules, you are required to declare it.

Hope this clarifies. Please take a second to leave feedback so I am credited for me time.
Customer: replied 3 years ago.

Ok but how do I go about it on my application as on my previous application I didn't mention about traffic offences, if I mention it now on my application will they come back and revoke my ILR and say I lied to them on my previous application?

Expert:  UKSolicitorJA replied 3 years ago.
You may explain if asked that you were not aware that it needed to be declared at that time.
Theoretically you should have declared it and your ILR could be revoked on the grounds of deception if they can show that you did not deliberately declare it.

If you did not have the intention to deceive, then you should be fine.

Your original question has been answered Kash, please remember to leave feedback so that I am credited for helping you.

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