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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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my husband is applying for citizenship and was refused for

Resolved Question:

my husband is applying for citizenship and was refused for driving offence cu080 in 2012 can we now apply ? also we have been going through a trail separation since last year and although he has never changed his permanent address banks etc.. we were advised to do so by the insurance company so his driving licence is at the temporary address will this cause an issue with the citizen application as he resides at both addresses
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm what the offence was? Did he need to attend court and plead guilty? Did he get fined?

How long has your husband been in the UK?

Kind regards
Customer: replied 3 years ago.
driving with a mobile phone was fined £60 in court due to a mix up at police station pleaded guilty by post he has been here since 2006
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply,

Could you confirm the date when he was fined by court?

Kind regards
Customer: replied 3 years ago.
it was may 2011
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

1. Your husband's application was refused because he was unable to meet the good character requirements as per the immigration rules.

The ‘Good Character ‘requirement is not bound by the Rehabilitation of Offenders Act 1974 (the 1974 Act). Therefore, the fact that a conviction (or equivalent) is ‘spent’ is no longer the important factor. For example, a ‘simple’ police caution will be immediately ‘spent’ under the 1974 Act but for the ‘Good Character’ requirement the police caution can still create a refusal for 3 years after it is given.

A non-custodial conviction will include instances where the applicant has been convicted at court but not sent to prison (e.g. issued a fine) and will also include simple and conditional police cautions and certain hospital orders. If an applicant has multiple cautions this may also be grounds for refusal even if 3 years has lapsed.

But in your husband's case as 3 years have now lapsed since the offence he should be able to apply for naturalisation without any issue, provided he has not have any further convictions or fines within that period.

2. Regarding the different address being stated on his driving licence this should not be an issue, what you may wish to do is just explain why it is different in a covering letter accompanying the application.

I hope this answers your question. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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