British Citizenship – Good Character Requirement FAQs

[Amber]

You shouldn't have a problem.

[karla67]

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?

[Amber]

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

[msank]

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.

[akpanokon]

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

[Amber]

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.

[karla67]

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.

[Amber]

A Community Sentence relates to:

where a person is convicted of a crime by a court

A Community Resolution Order is an order where:

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.

[navalaviator]

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???

[karla67]

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.

[Amber]

A CRO is not a conviction.

I can't tell you what to do just the options.

[karla67]

Hi, Amber thank so much for your proposed options for my friend,
If I am not wrong : I see these 4 unexplained options are like a laying of mines (Minesweeper game) to choose.
-One more question Dear Amber ? Could you tell me if we are wrong if we think that you did mistake about your 2nd option ( -Do not declare the CRO and see what the HO decide) is contradictory with your Q12 on the FAQ at the beginning of this thread? thank you

[Amber]

It's not contradictory as a CRO is not a conviction.

[karla67]

navalaviator wrote:

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???

Yes she got & signed CR ticket, the policeman said now after the victime was recompensed for your action, it was spent at this time no more action taken.
That makes sense for you (navalaviator). Thank you for any advice from you.

[fromreading]

Hi

My question is i was stopped by customs at (LHR) In feb 2012 when i was comming from my country i brought some cooked food so they stopped me and given me warning letter. i applied for nationality this week and i mentioned that in my application do you think my application will refused because of this?

[Amber]

No, and there was no need to mention it

[fromreading]

Thankyou Amber for your reply but i already mentioned and sent my application . will this be a problum?

[Amber]

No.

[Mari82]

hello,
I'm in the process of filling the form for the British Citizenship, but I'm bit scared regarding the good character section. I hope someone could help me.
I got caught with class C drug ( very very small quantity ) in a festival at Isle of White 6 years ago. They put in a cell for 2 hours and then let me go back to the festival, but I had to go back to the island after a month to sign off the warning. So basically they gave a written warning and that's all.Nothing else happened since then.
My doubts are, would this warning still be shown in my criminal records? Do I have to declare it on the form nevertheless more than 3 years have passed? If so, do you think they would classify me as 'non good character' because I was in possession of drugs?

I'm not sure whether to proceed or not with my application because of this, I mean I'm bit scared of getting a refusal.

I hope somebody could advice me .

many thanks!!

[Amber]

Yes, it will need declaring at 3.10. You should be ok.

[Mari82]

thank you Amber

[girish]

Hi,
I was wondering if someone could help me with below queries please or if they have been answered somewhere else in the forum please point me to that url (as there are so many questions of the same type but couldnt find the final conclusion).
1. I am in IT Contractor providing services via my Limited Company and take Salary and Dividends. What should i write for the below questions under good character:
3.1 What is your occupation ?
3.2 Are you self employed , A director , Employee or Business Partner ?

2. What documents should i submit based on the above answer i select ?

3. I received 3 Points for speeding and so thought i will submit the driving license counterfoil along with the application.

4. Recently, i received a letter from debt collection agency that i have to penalty for not taxing my car. (this was basically i had not declared it SORN as it was meant to be scrapped and i had put in my car garage). I have paid this penalty to keep the debt collection agency happy but also have sent an appeal letter to DVLA that they had recorded wrong address on their system. Do i need to declare this in the application and also attach the appeal letter with it

5. Will the above penalty's(3) and (4) effect my application?

Thanks
Girish

[zigmo]

Hello all.

I am a first time user of this service and not sure what to expect but I am desperately seeking clarification on something that I have only become aware of tonight..

I am in the process of applying for UK naturalisation ( I applied in the first week of April this year) and I am worried having researched more into the "good character" requirements. I have never been arrested, been to court and have a clean driving license but I have been issued with three parking tickets in the last 4 years. Two were in 2012 one of which I challenged and failed. I have recently received another (April 2014) which I challenged as well and was currently awaiting a response until I read tonight that if the challenge is turned down it is looked at as a conviction. I had no idea about this when I applied and am terrified as to whether my application will be turned down. For the most recent ticket that I was waiting a response to my challenge, I have gone online tonight and paid it and stated in an email to the council that I no longer wish to challenge it. I am not sure, however, if they have not already processed the challenge. I am in a terrible fuss.

What should I expect???

If this question has already been answered than please forgive me


Regards

Rob

[Amber]

Zigmo, I think you're worrying about nothing. It's challenging a FPN that could result in conviction.

[zigmo]

Hi Amber,

Thanks for you quick reply. Is there a difference between a FPN and a parking ticket, I am not sure?? I am worried because I have challenged and failed a ticket in summer 2012 already. Also I challenged one from 4 weeks ago because I did not know about them affecting good character. I paid last night before the judgement cam back but I am not sure if it is too late!!