British Citizenship – Good Character Requirement FAQs

[Amber]

No, you would need to be arrested and processed before a police caution could be given, you also need to give informed consent before the police can issue a caution.

Yes, abusing a person can be an offence under the Public Order Act 1986, though for a section 1 offence there is a statutory defence when the defendant was in a dwelling. However, an assualut (the fear of violence is enough) or more serious offences under the Offences against the Person Act 1861 can be committed from using words that cause psychological harm.

[polandcalling]

Just call me Amber
Thanks so much for such a helpful answer. By the way, I got my COA today and I shall keep the forum updated about the outcome of my application for naturalisation as BC. Thanks very much.

[sgc]

Thanks Amber, this is a helpful thread! I remember you helping me out before.

To anyone who reads this, do you know anyone who has been refused citizenship on the basis of a caution even though the application was made AFTER 3 years of the caution?

I realise that applying WITHIN 3 years of the caution is a probable rejection, but I haven't seen anyone mention that they got accepted AFTER the 3 years, so it would be nice to know.

Also it may be helpful to note what type of offence the caution was for (e.g. dishonesty, violence, unlawful sexual activity, drugs, recklessness).

Recently a forum member was accepted after a simple police caution for assault had lapsed. There success is on this thread. Another person was recently rejected when trying to use discretion for 'one minor non custodial conviction' that had not lapsed.

You mean this thread (there doesn't seem to be any hyperlink on the text)? I did a search in this thread and forum but haven't found anyone mention that. I appreciate any pointers in the right direction.

Hi, I'm still hoping someone can point out examples of people who got through after the 3 year period. Thanks in advance.

[Amber]

I have had a number PM me. There were some on the forum, search for keyword: conviction and look back over the last few months. I have asked this user - http://www.immigrationboards.com/viewto ... conviction - for an update as they had a caution which had lapsed.

[sueszabo]

my husband was caught driving without a licence and insurance in 2006. he had to go to court and pay the fin 350 £. he wants to apply for british citizenship. will he be refused? since then he got the licence and insurance. no other convictions

[Amber]

He must declare the conviction, but as 3 years has lapsed he should not face a refusal for this offence.

[sueszabo]

my husband was caught driving without a licence and insurance in 2006. he had to go to court and pay the fin 350 £. he wants to apply for british citizenship. will he be refused? since then he got the licence and insurance. no other convictions

are you sure about that he meets the good character requirement? do you know anyone who did or did not get for this reason? thanks

[Amber]

Yes I am sure, read the FAQ on page 1 of this thread.

[sueszabo]

Yes I am sure, read the FAQ on page 1 of this thread.

sorry for asking, just want to make sure, because on home office website says this is reckless condition and they take it serious thanks

[Amber]

Yes it is reckless, but the prescribed period of 3 years has lapsed.

[sgc]

Hi, another thing I'm hoping may be clarified.

This document notes that cautions come under the 'non custodial offence' threshold, but the UKBA doesn't seem to state anywhere (including the application form and guide/booklet) that their definition of a conviction includes cautions. If I'm understanding this, the UKBA is not implying that they consider cautions to be convictions, just that they share the same sentence threshold (3 years) for non-custodial offences.

So if someone has a caution but not technically a conviction, should it be mentioned on the application form in sections 3.16 and 3.17, instead of sections 3.6 and 3.7?

Thanks again.

[VR]

SQC,

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide.

A caution is a formal warning or a non-statutory disposal of a minor offence.

Yes it is unfortunate this has been clubbed with all non-custodial offences after sec140 of the LASPO ACT was adopted by the Border agency. Ideally they should include internal guidance to ignore it.

Just tick Yes in 3.6 and give the details in 3.7 end of story.
3.10 to 3.16 check No
Good luck
VR

[Amber]

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

[sgc]

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

[Amber]

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

A police caution is not a conviction.

[sgc]

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

A police caution is not a conviction.

That's what I thought (that the UKBA still differentiates between the two despite the shared threshold) but I keep seeing different opinions (such as the above) and the UKBA isn't explicit about this, both factors which can fuel confusion.

Anyway, assuming that the info is supposed to go in 3.17 (I'm probably going to double-check), should 3.16 be checked Yes or No? Or indeed, what else should be done in any part of the app to technically confirm that police caution details are mentioned in that box? Because if nothing else, then based on what's said in the app, it doesn't seem certain that they'll take into account whatever's in the box.

[Amber]

So long as you include it in the extra information box (page 13) there shouldn't be an issue. I envisage that the questions relating to criminality will be changing in the near future.

[sgc]

So long as you include it in the extra information box (page 13) there shouldn't be an issue. I envisage that the questions relating to criminality will be changing in the near future.

Oh, okay, so you meant p13, not 3.17. Thanks for clarifying.

[ade2012]

Hi Amber,

I was convicted in Dec 2010 for not to stop at Traffic light (TS10) and got 3 point & 127 pound court fine.

I applied in 2011 for Citizenhsip but refused and case worker ask me to reapply in Dec 2015 when unspent conviction become spent.

My question is by the new rule can I apply in Dec 2013, which will cover the 3 years from the conviction date.

Thanks
Ade

[Amber]

Hi Amber,

I was convicted in Dec 2010 for not to stop at Traffic light (TS10) and got 3 point & 127 pound court fine.

I applied in 2011 for Citizenhsip but refused and case worker ask me to reapply in Dec 2015 when unspent conviction become spent.

My question is by the new rule can I apply in Dec 2013, which will cover the 3 years from the conviction date.

Thanks
Ade

Yes, subject to no other offences.

[Hassan Butt]

Can anybody guide if I had a fixed penalty notice and i paid all without going to court should I declare in naturalisation application or not.I also got 6 points on my provisional driving license.

[Amber]

You should include your paper counterpart if you still have points. If you've had 1 or less FPNs in the last 12 months with no court involvement, you should be ok.

[Hassan Butt]

FPN was there and declared in ILR but I got ILR .It was also declared about 6 points on provisional.FPN was in August 12 and was only one .
I do not have to mention about FPN because there was no court involvement.
Please explain a bit more if I do not have to mention FPN why I have to mention points on provisional ?

[Amber]

You should declare them both in the extra information box on form AN, as you've only had one FPN in the last 12 months and no court was involved for any of your points then it shouldn't cause an issue. I'm afraid the questions in the form and the guide is poorly written and organised but given the discretionary nature of nationality applications honesty and transparency is best.

[Hassan Butt]

Thanks .Kindly send if there are more links about this scenario in immigration bord or any email address where advice can be taken .