British Citizenship – Good Character Requirement FAQs

Ok thanks for help

Thanks for posting this.

I think that what you have written regarding FPNs is slightly incorrect. My interpretation of the home office guidance (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is that you will only be refused a citizenship application if you have received "numerous" FPNs or if you have failed to pay an FPN and were convicted of this offence. If you have been refused because of either of these reasons then the guidance states that you should wait until you have no more than 1 FPN in the preceding 12 months before applying. However, I don't believe that this applies if you do not have numerous FPNs to begin with. Clearly, "numerous" is open to interpretation however, I very much doubt that you would be refused for "a couple" of FPNs.

Before you state it's incorrect, at least read the AN guide:

AN guide wrote:3.6 – 3.7 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences. Fixed penalty notices will not normally be taken in to account, unless you have had more than one fixed penalty notice in the last 12 months. In that case you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying. Drink driving offences must be declared. If you have any endorsements on your driving licence you must provide the paper counterpart.

Thanks for the clarification. This appears to be an issue of semantics. The guide says you "may" wish to delay your application, whereas your notes say that you should. This just seems so draconian to me - I simply can't believe you would be refused for two speeding offences in 12 months! I think this needs further clarification. Grateful for your feedback. Mike

Hi everyone,

I read the FAQ but I still have some questions.

Regarding to motoring offences that never were penalised, should they be declared? For example, someone that drove on a no qualifying licence in their past but never caught. How do you classify it?

I would imagine this would be considered as unspent offence, which needs to be sorted out before applying. Has anyone had such experience?

D4109125 wrote:What checks are made by the HO (non criminal)?
Credit checks are not carried out for the purpose of assessing good character but the Home Office will check an applicant’s financial background with the police and other government departments. For example, checks will be conducted to ascertain if the applicant has paid income tax, National Insurance contributions, Council Tax and whether they have any civil penalties or judgements.

I assume a Council Tax Reminder Notice doesn't count as a penalty? The overdue amount was paid intermediately afterwards.

Thanks!

If you haven't been 'caught' then you don't mention it.

Council tax notice is ok providing you don't go to court (e.g. Liability order). Make sure you've made an arrangement to pay.

I thought it would be easy to find out as part of the HO's checks.
Yes, the council tax has been sorted out. No debts at the moment. Forgot to set up a new Direct Debit account after changing address.

Thanks for the promptly reply!

I will be applying for Naturalisation end of this month. I received two PCN last weeks by post as I'm the registered keeper of the car.

Will it affect my application?

The car at time was driven by my family member. Should I transfers the PCN to them - living at same address as me.

Thanks

I don't think it will affect the application like a FPN, however, I have raised numerous issues regarding the current guidance and I am awaiting a new one being published with amendments.

If a couple both hold ILR & both eligible for nationality but one partner is given a first ever caution by police on shoplifting:
1) does that invite a 3 year wait before applying for nationality?
2) Should the one eligible partner with clean record apply for nationality & other wait until 3 years are spent?
3) Will a shoplifting caution still be a problem after 3 years?
4) Also how do one check if there is a caution on file or any other issues?
Thanks

If a couple both hold ILR & both eligible for nationality but one partner is given a first ever caution by police on shoplifting:
1) does that invite a 3 year wait before applying for nationality?
2) Should the one eligible partner with clean record apply for nationality & other wait until 3 years are spent?
3) Will a shoplifting caution still be a problem after 3 years?
4) Also how do one check if there is a caution on file or any other issues?
Thanks

It doesn't matter whether the caution is on file although, you could ask ACPO for a SAR for data on the PNC.

Yes the person who committed the offence will have to wait 3 years if given a police caution. Make sure this wasn't a PND for shop lifting as this is completely different. The spouse should apply as soon as s(he) is eligible.

D4109125 wrote:It doesn't matter whether the caution is on file although, you could ask ACPO for a SAR for data on the PNC.

Yes the person who committed the offence will have to wait 3 years if given a police caution. Make sure this wasn't a PND for shop lifting as this is completely different. The spouse should apply as soon as s(he) is eligible.

1) What is a PND for shoplifting
2) Whats different between a simple caution (shoplifting) & PND with relation to application for British nationality.
3) how can one check PND?

Thanks

The difference is a caution is a 3 year bar and a PND is not.

For a caution, you will have been arrested and signed a consent form admitting to the offence. You could always pop into your local police station with some ID and ask them whether you were given a caution or a PND.

D4109125 wrote:The difference is a caution is a 3 year bar and a PND is not.

For a caution, you will have been arrested and signed a consent form admitting to the offence. You could always pop into your local police station with some ID and ask them whether you were given a caution or a PND.

Thanks Amber.

Hi,

I have been issued a FPN (3 points and £60, LC20- Driving Otherwise than in Accordance with a License) issued by Mersey side Police (Not court) in September 2007 due to driving under an International License (for either driving on that license for extended period or inaccurate format).

I did not disclose that for my ILR (October 2012), as it was spent by that time. However following recent changes from 13th December 2012 that Nationality and Immigration decisions are now except from Rehabilitation of Offenders Act 1974 my questions are:

Do I need to mention this FPN for my Neutralization application, although it has been spent (confirmed by DVLA)? and If I do in which section of AN form should I mention it?

If I do not disclose this as it has been spent, can it be count as deception?

Thanks

No need to declare it if its not been through the court and you've got no points on licence.

D4109125 wrote:It doesn't matter whether the caution is on file although, you could ask ACPO for a SAR for data on the PNC.

Yes the person who committed the offence will have to wait 3 years if given a police caution. Make sure this wasn't a PND for shop lifting as this is completely different. The spouse should apply as soon as s(he) is e ligible.

Should they take a risk and both apply & declare the simple caution?
Would there be a possibility that they may grant nationality to both?
If they refuse the partner who has simple caution, what happens aftwr the refusal? can that person re-apply after 3 years or is that not advisable & wait for 3 years & then apply?

D4109125 wrote:It doesn't matter whether the caution is on file although, you could ask ACPO for a SAR for data on the PNC.

Yes the person who committed the offence will have to wait 3 years if given a police caution. Make sure this wasn't a PND for shop lifting as this is completely different. The spouse should apply as soon as s(he) is e ligible.

Should they take a risk and both apply & declare the simple caution?
Would there be a possibility that they may grant nationality to both?
If they refuse the partner who has simple caution, what happens aftwr the refusal? can that person re-apply after 3 years or is that not advisable & wait for 3 years & then apply?

IMHO it's not worth the risk. As dishonesty offences are not usually disregarded.

D4109125 wrote:You were fined at court not by the Police! Most people get FPNs issued by the police so 70% of people would not have convictions.

Hi Amber,

In my preparation for BC I found the court letter etc the only reason they sent it to the court back in 06/07 was that I had an international license then which the police stated they couldn't do much about. Although I still ended up having points on my learners licence. How does the UK justice system define a criminal conviction ?

If you received a summons and plead guilty or were found guilty then it's a conviction.

hello friends, i applied for nationality 7 of may.but i was arrested for common assault and been charged. today i was plead not guilty.I already inform the home office that i was charged for common assault .but my question is do i have to inform them again that i am not plead guilty and my case has been dropped.thanks

Have you had a trial or has your court case been dismissed? If it has been dismissed then yes write again to the home office with a letter from the court/police saying the case has been dismissed/you were found not guilty.

my case has been dismissed.thaks amber