British Citizenship – Good Character Requirement FAQs

neoseal wrote:Hypothetically if your case was decided and then you commit any offence, it doesnt matter. Now your application is in the process and you have fulfilled all the conditions of naturalisation until the date of your application, hence I dont think there is any need to let them know. No where I could find in guidance or other docs where they have mentioned that you have to inform of any offences committed after the date of application or during the decision process. (If someone has come across please correct me). It is not a conviction, i.e Not Guilty until Proved in Court.

If you insist on posting, you should at least read the basic guide at page 8 (click). If the Poster took your advice they could face prosecution under section 46 of the 1981 Act which you should again read.

madi wrote:

D4109125 wrote:

madi wrote:applied for nationality at 7.05.2013.no answer yet... 2 days ago i am arrested for common assault 39, domestic violence. i am not convict yet court gave me bail till 6 of September and trail will start my question that what i have to do now??? do i need to tell home office and how?and second think does this case affect on my citizenship.

please

Yes you need to inform the Home Office, it is likely the citizenship decision will be paused pending the outcome of your criminal case.


Thanks amber. 2 more question please ... If I don't tell them will they find out cz they got my case nearly 3 months & second question if I found guilty will they refuse my citizenship .

You need to inform them otherwise you could face prosecution, when they check the PNC they could see the arrest. If you're found guilty or receive a caution, your application will be refused for at least 3 years.

neoseal wrote:No where I could find in guidance or other docs where they have mentioned that you have to inform of any offences committed after the date of application or during the decision process. (If someone has come across please correct me). It is not a conviction, i.e Not Guilty until Proved in Court.

Guide AN (December 2012), page 8:

3.11 You must say if there is any offence for which you may go to court or which is awaiting hearing in court. This includes having been arrested for an offence and waiting to hear if you will be formally charged. If you have been arrested and not told that charges have been dropped, or that you will not have to appear in court, you may wish to confirm the position with the police. For applicants from Scotland any recent civil penalties must also be declared. You must tell us if you are arrested or charged with an offence after you make your application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

sunny321 wrote:Thanks guru,
It was in November 2003.

I would apply after November to be on the safe side. But you will be subject to the new English requirement after that time.

missed out on the last sentence on pg 8, true. Write a letter to UKBA, the way things are, probably, by the time it gets attached to your file a decision may have been made.

Facts has pointed out correctly, of after application.

thanks everybody.
do i have to send them email or have to write a letter.

Either, but keep a copy for proof.

Why do people post multiple threads on the same subjec and cause clutter and duplication of effort and waste of time?

Perhaps if they have to pay for time and advise things will change..

Madi you are lucky that the many people who voluntarily advised you have not taken offense or treated your action as a sign of disrespect..

By making multiple posts you have increased administrative work and duplication of efforts for all.

Hope you will desist in future.
Rgds

listen VR if these friends don't have problems to give right advices than mind your own business.This forum is for help each other. And about my actions i m just accused of common assault not convict yet. This things can happen with any one in life.

Madi,

PM me your address and phone number. I would like to meet you and teach you a few things and give a bit of your own medicine.

By the by what I meant is not your conviction. Your actions I referred to was making duplicate posts.

Let me see how brave you are. I am a Black Belt. Send me the details. I like breaking noses for fun!!!

barking dog seldom bite. i want to sink in your level.mind your own business

Only wife-beating dogs bite! ROFL

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).

neoseal wrote:Hypothetically if your case was decided and then you commit any offence, it doesnt matter. Now your application is in the process and you have fulfilled all the conditions of naturalisation until the date of your application, hence I dont think there is any need to let them know. No where I could find in guidance or other docs where they have mentioned that you have to inform of any offences committed after the date of application or during the decision process. (If someone has come across please correct me). It is not a conviction, i.e Not Guilty until Proved in Court.

]

Neoseal

its clearly mentioned in guidance that "You need to inform Home Office if during your application you are arrested/caution/crime etc"
Thanks

Yes you are right, that is acknowledged two day back.

sgc wrote: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.

D4109125 wrote:

sgc wrote: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,
Was wondering if I could get some guidance to my situation.
Done for drink driving in feb 2008
Conviction spent and Disclosure scotland Report show no convition in march 2013
Applied for ILR in march 2013 and was granted
Qualify for citizenship in march 2014

On my case do I stand a chance to be refused citizenship.

Please note no further caution, apart from a parking fines (PCN) in may 2013 which have been cleared.

Another thing I noticed; I applied to the DVLA for a correction noted on my address and they ha to re-issue a new paper type driver's licence and it came back with my DR10 thingy in 2008 on it....I was thinking that this goes off my licence after the 5years expiration????...am I missing something??

Regards

You should be ok as more than 3 years has lapsed (assuming that the conviction was non-custodial).

A DR10 conviction will stay on your licence for 11 years from the date of the conviction.

On the AN for there is a question about Criminal Convictions. I have read that minor offences like FPN for speeding etc is not a criminal offence or criminal conviction.I have two spent minor traffic offences from 6yrs ago. 3pts and court fine 60pounds on both occassions. Where do I state this on the form considering this is not a criminal conviction? Also I did not mention this in ILR as both were already spent.

Thoughts and comments appreciated.

If they are no longer on your licence you wouldn't need to declare them. If they are, then include a copy of the paper counterpart.

D4109125 wrote:If they are no longer on your licence you wouldn't need to declare them. If they are, then include a copy of the paper counterpart.

Note: We will carry out criminal record checks on all applicants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.

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 noticein the last 12 months


D4109125 Thanks but this is slightly confusing as per guidelines above.

With a clean counterpart am I ok ? I thought you need to mention everything as per statement above ? My original plan is to stick this in the other section with a clean counterpart attached as clearly they are not criminal convictions.

On the form is ask clearly - Have you been convicted of any criminal offence in the UK or any other country?

I refuse to say yes to a criminal conviction in this section .....but there is no other place to mention traffic offences??

Thoughts and comments appreciated.

Sorry I only saw you saying they were minor. I failed to see the part where you said you were given them at court. If you were given them at court, then it is a conviction. You should be sure you were convicted (either by attending the court or pleading guilty in the post). If you have been guilty on an offence regardless of it's severity, it needs to be declared. Including the counterpart if clean is not relevant as you will be declaring it and 3 years has lapsed. I will be surprised if these are actually court issued it's more likely they are just regular FPNs in which case what I said above is correct. However, only you can answer that.

D4109125 wrote:Sorry I only saw you saying they were minor. I failed to see the part where you said you were given them at court. If you were given them at court, then it is a conviction. You should be sure you were convicted (either by attending the court or pleading guilty in the post). If you have been guilty on an offence regardless of it's severity, it needs to be declared. Including the counterpart if clean is not relevant as you will be declaring it and 3 years has lapsed. I will be surprised if these are actually court issued it's more likely they are just regular FPNs in which case what I said above is correct. However, only you can answer that.

D4109125 - Thanks for your time thus far – Here’s the complete picture.

I had an opportunity to challenge this in court however never bothered. I pleaded guilty by post, was fined 60 pounds and 3 pts. on licences on both occasions. Paid both fines immediately.

To be clear and transparent the offences I am speaking about took place in 2006 and I was fined in 2007. No issues after that. Clean licences as both offences over 5yrs.

Court Fine imposed £60 on each occasion
Offence code SP30 and TS10 respectively

For informational purposes
SP30 Exceeding statutory speed limit on a public road.
TS10 Failing to comply with traffic light signals.

Are you saying the above is regarded as a CRIMINAL CONVICTION inline with the direct question asked by HO ? They did not ask for conviction they asked Criminal Conviction ......Or do I add this to the other section for additional information which is my original plan with my counterpart licenses?

More importantly can this affect the outcome also considering they are spent?

Surely there must be forum members out there in the same position - If you are one your input will also be valuable.....Thanks