British Citizenship – Good Character Requirement FAQs

Thank you Amber.

I’ve just did not know how to go about the second issue? How do you classify it? CCJ?

Regards

Check Trust Online (click) and see if you have a CCJ registered against you.

I've done it. It's came up with "NOTHING REGISTERED". Do you think I need to mention the second issue?
Thanks again.

I don't think there would be any harm.

Thank you. I will declare both.

Hi!

I recently applied for neutralisation on March 2014, after submitting my application I checked my credit check found
out I had outstanding CCJ against me. When I completed my
Application form I ticked I didn't have any CCJ, I have managed to settle the CCJ and Issued with certificate as prove, Just wondering what's my next step should I inform HMO? And send the prove? Please advice will highly appreciate.

Yes, send a letter to the Home Office and declare the CCJ and provide proof it's settled. Include the ref number you received on the acknowledgment letter and send 1st class recorded delivery keeping proof of postage.

wf1030 wrote:I let my friend using my home address to apply for a parking scratch cards, Local Authority find out that he's not living on that address and issued me a caution.

The certificate of caution was not sent by court but by authority Investigations Team. On the statement mention that : I consent to being cautioned and understand that this caution may be cited in court should I be prosecuted in the future by the Local Authority for a further offence.

Hi wf1030, I'm in more or less the same situation as you, can you tell me how your experience end up ? many thanks .

Hi Amber,

I'm filling out my UKM form now, and not sure what to do about a traffic offence I had over ten years ago. I can't remember exactly what the DVLA codes were, and of course they're not on my paper counterpart any more, so no help there! I remember I did have to go to the magistrate's court and pay a fine. Nothing shows up on my enhanced disclosure (and never has, for the past 8-9 years I've been having them done--I work in education), so that's no help either.

Do I declare this, and if so, how do I do it? Or how do I find out what the codes were? And what about parking tickets? I can't remember the last one I had, it was so long ago! I don't want to mess up something that should be so simple.

Thanks! N

Hi,

I have been going through the thread & notice that there is very valuable advise. So thanks all for your contributions.

I was wondering if someone could advise in my situation... I had a minor road traffic accident on 14/May/2013 with no personal injury involved. I reported this to my insurance company as per rules on 19/May/2013. Recently on 10/Apr/2014 - I have received a County Court Claim form for approx. £2000 for external Car hire by third party.

I promptly sent that to my insurance company. Within a week I have received email response from my insurance company that the Third party claim has now been settled. No action is required from my end.

My NCS for Naturalisation is booked for 9/May/2014. Please could you advise if this will account for non-Custodial conviction..?

Am I required to mention this in my application form..?

Thanks,
DS

It's not a conviction, it's tort, a civil remedy. You may need to declare the CCJ if in your name, even though it's a claim settled by your insurance company. Nonetheless, it should have no bearing on your application.

Amber_ wrote:It's not a conviction, it's tort, a civil remedy. You may need to declare the CCJ if in your name, even though it's a claim settled by your insurance company. Nonetheless, it should have no bearing on your application.

Fine, I will mention this in additional notes. Will mark 'NO' for all sections 3.6 through to 3.19.
You are amazing... Thanks for your lightning fast reply.

Hello All,

Need your advice on a non-custodial offense query: An incident happened on 17th May 2011 where my partner was charged with Assault (common law) but the charges were dropped a few days later and following that a letter to state that a warning has been given not to repeat the offense in future. This warning letter has a date of 07th June 2011, which states that the warning is not a conviction and shall not be recorded as one.

I understand from the various threads that this warning should be highlighted when applying for British Citizenship and 3 years should have elapsed before applying for Naturalization.

My question is: should the date of Incident (17th May 2011) or the date of warning letter (07th June 2011) should be taken as the start date of the 3 year count? I understand that there is not much time lapse between the date of Incident and date of warning letter but this will have a impact on when I can apply for my partner's naturalization (as the rule of 5 years being in the country at the time of applying will come into picture).

Any advice on the start date of 3 year count will be helpful. Thanks in advance.

From the date of warning issued.

Hi Amber,

Could you answer my queries on question no 20;

"Q20 - I did not pay my council tax will this lead to a refusal?"

1 - Is this concil tax for the property where I am living now or through out my residential period?
2- If this is through out all residential period - I used to live in shared accomodation where land lord or sub letter responsible for all the liabilities. Just I had to pay lum sum amount every month. In such case I am still responsible for the liabilities like council tax or could cause a problem for me?

Waiting for your kind response.

You shouldn't have a problem.

Hi eveybody here.

ariesfire wrote: (...Hello All, Need your advice on a non-custodial offense query: An incident happened on 17th May 2011 where my partner was charged with Assault (common law) but the charges were dropped a few days later and following that a letter to state that a warning has been given not to repeat the offense in future. This warning letter has a date of 07th June 2011, which states that the warning is not a conviction and shall not be recorded as one.
I understand from the various threads that this warning should be highlighted when applying for British Citizenship and 3 years should have elapsed before applying for Naturalization.
My question is: should the date of Incident (17th May 2011) or the date of warning letter (07th June 2011) should be taken as the start date of the 3 year count? I understand that there is not much time lapse between the date of Incident and date of warning letter but this will have a impact on when I can apply for my partner's naturalization (as the rule of 5 years being in the country at the time of applying will come into picture).
Any advice on the start date of 3 year count will be helpful. Thanks in advance...)

Amber_ wrote: From the date of warning issued.

I wonder:

hi, Amber, I find ariesfire partner case is very important to share academic issues, so Under -strong countervailing factors- way, should they apply after 2 year from the date of warning issued, if no why will they apply then after 3 year? what is different in this case?

Depends on the offence. It would be better to apply after 3 years.

Hi
I have been reading the forum and start asking myself some questions.
I apply for Naturalisation 17/04/2014 reading through the forum I realise the following:
-In November 2009 I got caught speeding by the speed camera. I admitted the offence and the police offer me to go for the "speed awareness course " which I did. I wasn't in court and didn't receive any point on my licence or anything .
-And once I use the bus and taxi lane, police stopped me ( can remember exactly when sometime before August 2010. that's when I left my job).I got a fine and paid it.
I have never had any points on my licence.
Do I have to inform HO ?
Reading through the post got me worried and want be sure I am not getting myself into trouble.
Thanks very much. Any help will be appreciated.

Hi Amber,

How does the recent judgement of Mrs Justice Lang in the case between Hiri Poloko vs The Home Office impact the current Good Character Requirement?

Considering the precedent that has been set by this judgement....

Is there any possibility that we should be expecting changes in the current set of rules and requirement?

How long would it take for a new set of rules to be in place?

thanks

Blue

That case, refers, I believe, to a decision for citizenship made before December 2012. At that time, the 1974 Act was applicable. Unfortunately, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 effectively states that rehabilitation periods are now ineffectual for immigration and nationality applications. Section 140 has this affect.

The current guidance is much more direct in its application of an exceptional grant. Particularly as it no longer refers to the fine. In fact, the reference is now 'strong countervailing factors, and a test of proportionality. Things that could arguably address the issues raised in Hiri subject to fresh Judicial Review. Therefore, the case is unlikely to be as supportive as you suggest.

hi Amber,
hi all,
These questions to Amber specifically or generally anyone can surely help my friend in giving the right/correct responses. Many Thanks for everybody here, with this area we can share experiences and good advises to similair matters.

Now, my friends has confuse, we need your help to clear these matters:

Her national police record came back with nothing, but by the local police did come back with a single Community Resolution- (theft under £100 -offence code: DA12- no fine) committed in July 2013.

Question 1: So, can she apply for British Citizenship now (coz it was very samll minor offence first & last time, there was any fine from police to pay by her, but just outcomes was : to pay on same time just for goods taken and banned for premises, so she paid then it was spent , no more action taken: policemen said.) or she has to apply in July 2015(after 2 years) or July 2016 (after 3 years)? has she to disclose this minor offence in any time? Any advice.

We checked here but still unclear:

Home Office Naturalisation Booklet says: (…A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4) includes Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential, Court Orders…).

Note from me: There is large difference between Community Sentences and Community Resolution, you know, we should not confuse its.


Sentence

4. A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record.
Impact :Application will normally be refused if the conviction occurred in the last 3 years


Question 2: There is not above-mentioned about CR (Community Resolution). Where CR should be among these offences then?

Question 3: So Will she mark 'NO' for all sections 3.6 through to 3.19 on AN form, but: Where should CR be disclosed in this application form AN then?

Home Office Naturalisation Booklet says: (….We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs would not be disregarded. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone would not be disregarded either…).

Question 4 : So is that means with a single CR (theft under £100): There is no way to wait for 2 year under strong countervailing factors way, so it means she has to apply after 3 year (July 2016 )? Are we wrong?
Hearing something from you soon.

A Community Sentence relates to:

3.4 Community Sentences wrote:where a person is convicted of a crime by a court

A Community Resolution Order is an order where:

Community Resolution wrote:there has been an admission of guilt

the victim’s views have been taken into account

Although the Good Character guidance does not stipulate the affect of a CRO, since there is an admission of guilt it may be treated akin to a simple caution. That would generally mean a refusal for 3 years. However, given that the CRO was only recorded on the LPC rather than the PND, it may be that the HO will not consider the CRO. A CRO need not be declared on form AN but for a possible disclosure on 3.19 which, is subjective.

The choices would be:

-Declare the CRO and see what the HO decide.
-Do not declare the CRO and see what the HO decide.
-Wait 3 years or wait 2 years and ask for an exceptional grant.

karla67 wrote:hi Amber,
hi all,
These questions to Amber specifically or generally anyone can surely help my friend in giving the right/correct responses. Many Thanks for everybody here, with this area we can share experiences and good advises to similair matters.

Now, my friends has confuse, we need your help to clear these matters:

Her national police record came back with nothing, but by the local police did come back with a single Community Resolution- (theft under £100 -offence code: DA12- no fine) committed in July 2013.

Question 1: So, can she apply for British Citizenship now (coz it was very samll minor offence first & last time, there was any fine from police to pay by her, but just outcomes was : to pay on same time just for goods taken and banned for premises, so she paid then it was spent , no more action taken: policemen said.) or she has to apply in July 2015(after 2 years) or July 2016 (after 3 years)? has she to disclose this minor offence in any time? Any advice.

We checked here but still unclear:

Home Office Naturalisation Booklet says: (…A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record” (i.e. line 4) includes Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential, Court Orders…).

Note from me: There is large difference between Community Sentences and Community Resolution, you know, we should not confuse its.


Sentence

4. A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record.
Impact :Application will normally be refused if the conviction occurred in the last 3 years


Question 2: There is not above-mentioned about CR (Community Resolution). Where CR should be among these offences then?

Question 3: So Will she mark 'NO' for all sections 3.6 through to 3.19 on AN form, but: Where should CR be disclosed in this application form AN then?

Home Office Naturalisation Booklet says: (….We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs would not be disregarded. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone would not be disregarded either…).

Question 4 : So is that means with a single CR (theft under £100): There is no way to wait for 2 year under strong countervailing factors way, so it means she has to apply after 3 year (July 2016 )? Are we wrong?
Hearing something from you soon.

Hey, Just need to know that was your friend given a form to sign to accept the Community Resolution Order??? How was the CR served? did she sign anything at all given by the officer to state that CR was served???

Thank you Amber & navalaviator so much for your fast replies, well

You wrote:( The choices would be:

-Declare the CRO and see what the HO decide.
-Do not declare the CRO and see what the HO decide.
-Wait 3 years or wait 2 years and ask for an exceptional grant.)

For example: If you are in same situation what will you choose?


It is still unclear, so your proposed choices would be with clear questions to you (thank you to hear to us):

1-Declare the CRO and see what the HO decide.( May be : refused and they tell her wait 3 years + she lose AN application Fee £ 950 )???
2-Do not declare the CRO and see what the HO decide. (The offence in this case is not a conviction, but you wrote in begining of this forum: Q12 - I did not include my conviction will I be refused? It depends on the intent. If you concealed minor convictions and were refused because of this, you will likely be refused citizenship for a 10 year period.)+ ( £ 950 lost)??? 
3- Wait 2 years and ask for an exceptional grant How to ask them it? but how could the nature of offence affect her application, coz the Offences involving dishonesty (e.g. theft), would not be disregarded? Do you think about her case: Is (CRO for low level theft under £ 100) identical case here?
4- Or Wait 3 years . It seems unfair to make very minor offence like same level of a convention ( caution....) because when she asked policemen when she signed CR ticket( Q?: navalaviator), they told her that when a offencer who got a signle CRO: he will get a simple caution next time if he will committe again same offence (2nd one) but with another one (3th same offence again) will be attended at the court....so this 3 levels (low/ medium/ serious offences ) are treated as one same level (to wait 3 years to apply) so that seems unfair....

AGAIN, for example: If you are in same situation what will you choose, Amber?

Hear something from you soon. thank you.