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NSW Citizenship Application with Traffic Offence

Discussion in 'Immigration Law Forum' started by amit khandelwal, 31 May 2018.

  1. amit khandelwal

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    Hello Everyone,

    I am trying to get some expert advice on my situation. I am a permanent resident and in Australia for just over 4 years. I am eligible to apply for Australian Citizenship and have already done so. I have few traffic offences under my belt and would like to know if it can be a problem with the application. Following are the time lines,

    1. Traffic Offence - Over-speeding by 10 KMPH- VIC - 10 Jan 2018. Fine paid to VIC Fines, waiting for demerit to be awarded by RMS. I received this fine after 3 months i.e. 10 Apr 2018 as I was driving hire car.

    2. Citizenship Application - Applied on 17 Apr 2018 and did not declare the above offence in the application.

    I might get another ticket on the same VIC route I travelled on 28 Mar 2018. Let's say if it comes through by end of June. I will then have 2 traffic offences both undeclared in the application. I do not have any other adverse traffic offence record apart from the above.

    Questions,

    1. Will the above affect my Citizenship application?

    2. Do I need to declare them in the application?

    3. What happens if the license gets suspended due to demerit points and I just accept the suspension without going to court or RMS for good behavior bond, Do I still need to declare it?

    4. Will serving the license suspension affect the Citizenship application?

    There are no other traffic or criminal related offence against me except the above so I would like to know your thoughts.

    Thanks,

    Regards
    AK
     
  2. Clancy

    Clancy Well-Known Member

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    Not an expert, but, you do have to answer the application questions truthfully. But that does not mean you have to disclose things not required to be disclosed.... it is a matter of understanding the questions being asked.
    A fine that is not yet processed does not usually count (unless the application asks specifically about it?)
     
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    I tend to agree with @Clancy - it can be a bigger problem to not disclose
    than to disclose and have them then say "Oh, OK, we don't mind about that."
     
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  4. amit khandelwal

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    Thanks guys.

    Following is the question in the Citizenship application

    Has the applicant been convicted of, or found guilty of, any offences overseas or in Australia (include all traffic offences which went to court, including offences declared in your permanent residence application, and any 'spent' convictions)?

    What do you think I should answer given my situation?

    At the moment there is just one fine in my driving record and I was notified about it recently. I have already paid the fine and it carries 1 demerit in NSW.

    Regards
    Amit
     
  5. Clancy

    Clancy Well-Known Member

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    Well that seems clear to me - you do not report your traffic offense because it never went to court, Simple.

    Some high level traffic offenses automatically land you in court, i guess this is what they are looking for?
     
  6. amit khandelwal

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    Thank you Clancy
     
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