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British Citizenship – Good Character & shoplifting mixup

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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mrsali
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British Citizenship – Good Character & shoplifting mixup

Post by mrsali » Fri Mar 04, 2016 11:10 am

I have applied for naturalisation along with my wife and 3 children, about 10 days ago. But there's something that's worrying me now.

7 months ago, my wife was stopped for shoplifting in a shop and police were called. This was very unfortunate because when she was searched, she had a few items in her handbag for which she could not provide a receipt. She had bought these items from the same shop a few days ago (and a few days after this incident we found the original receipt as well) but it was too late by then. The police officer offered that if she accepts shoplifting, she will not be prosecuted and the matter will be closed right then and there subject to a ‘community settlement’ or ‘community resolution’. From ‘community resolution’ they meant that she will have to pay for the items, she will be banned from that shop but there will be no further legal proceedings. My wife’s English is not very good, and she was absolutely terrified in the presence of police officers, so she admitted it (because she thought that was the easy way out). At this point, she called me and I also met the shop staff and the police.

The police officer told us that:

This matter will not be taken to court if we pay for the confiscated items (about £80).
They categorically told me that it is not a caution, warning or criminal conviction.
They told me that this incident will stay on my wife’s records in the computers of the police and will show up in case of a ‘detailed/ enhanced CRB check’. For example, if she applied for a job in foster care sector or security industry, this information will be visible on the CRB report.
BUT, they also told me that we ARE NOT REQUIRED to disclose this if we apply for a job or a visa extension. The police officer said that ‘In response to all questions where you’re asked: Do you have any criminal conviction/ warning/ reprimand/ caution, you should say NO’. But, this information will be recorded on police computers against your name and DOB.

After a few days, we received a letter from the debt recovery firm to pay £80, which we paid immediately.

In my wife’s naturalisation form, we did not disclose this (we ticked NO to all the questions relating to criminal convictions/ offences). I spoke to the lady at NCS at the time of our appointment and told her the whole story, and she also said that as there were no further legal proceedings or prosecution, there is no need to disclose it (yes, she said that).

Now, this thought is continuously haunting us. Since the applications have been submitted, should we now write a letter to the Home Office and tell them about this incident or not? They might think that we withheld information and they might refuse applications of the whole family. If we tell them now, they might turn around and ask that why didn’t we disclose this in the application form? Why didn’t we disclose it earlier and why are we disclosing it now? Is there really a need to tell them? Should I just withdraw my wife’s application and submit it later (after the rest of the family get our citizenship sorted)? It’s driving me insane and your help/ guidance will be VERY MUCH APPRECIATED.

Gomjaba
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Re: British Citizenship – Good Character & shoplifting mixup

Post by Gomjaba » Fri Mar 04, 2016 2:08 pm

If it shows up on extended checks, then there is a good chance the Home Office will pick this up. Not sure if a cover letter in hindsight works - I don't want to make any assumptions so I'd rather wait for a senior to answer this.

noajthan
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Re: British Citizenship – Good Character & shoplifting mixup

Post by noajthan » Fri Mar 04, 2016 2:13 pm

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mrsali
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Re: British Citizenship – Good Character & shoplifting mixup

Post by mrsali » Sat Mar 05, 2016 9:33 am

Yesterday, we have received letters to go for biometrics. May I request seniors to kindly advise me if I should write a letter to the Home Office and explain this whole story to them? Or should I just withdraw her application? Please advise. Thanks...

noajthan
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Re: British Citizenship – Good Character & shoplifting mixup

Post by noajthan » Sat Mar 05, 2016 10:20 am

mrsali wrote:Yesterday, we have received letters to go for biometrics. May I request seniors to kindly advise me if I should write a letter to the Home Office and explain this whole story to them? Or should I just withdraw her application? Please advise. Thanks...
The police are not immigration law experts.
As per naturalisation guidance notes, if in doubt over some issue better to declare it.

You can send a cogent explanation in a letter; cross-reference any relevant case ID or HO reference you have.

If it doesn't matter the caseworker will simply ignore it.
If it does matter then noone can refuse because you didn't provide the relevant information.

By writing such a letter you know you have done all you can. It is then in the hands of the caseworker.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

AUHS
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Re: British Citizenship – Good Character & shoplifting mixup

Post by AUHS » Sat Mar 05, 2016 4:16 pm

You should have declare it on application in further/other information section.
Better to send an explanation letter just to be on the safe side.

Providing there is only one FPN/PCN/PND in the last 12 months it should not have any negative impact on the outcome of the application. FPN/PCN/PND will only be taken in to account when these are numerous in the last 12 months.

mrsali
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Re: British Citizenship – Good Character & shoplifting mixup

Post by mrsali » Sat Mar 05, 2016 8:17 pm

Noajthan and AUHS, Thank you very much indeed for your replies.

I have (nearly) made up my mind that I will send a letter to the Home Office explaining this whole situation. Then it would be up to the caseworker to decide. At least he/ she won't be able to say that I have hidden or withheld some information.

I have read the AN booklet once again. On page 15, column number 4 in the table says that ‘In a non-custodial offence or other out-of-court disposal that is recorded on a person's criminal record, the application will normally be refused if the conviction occurred in the last three years’. If I follow this, this would clearly mean that my wife's application will be refused because her offence/ conviction occurred within the last few months.

My wife is of the opinion that she should withdraw her application and apply after three years. But I am of the opinion that if one FPN/PCN/PND is not going to ruin the whole thing, why not give it a try?

AUHS, could you please do me a favour and tell me where did you read that if there is only one FPN/PCN/PND in the last 12 months it should not have any negative impact on the outcome of the application? Your reply will greatly help us in making our mind.

Cheers.

AUHS
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Re: British Citizenship – Good Character & shoplifting mixup

Post by AUHS » Sat Mar 05, 2016 10:44 pm

Don't mix up the convictions with FPn/Pcn/Pnd .
Receving any one of these is NOT a conviction or admission of Guilt . Read below ..
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

You just need to disclose it but should go ahead with the application as it has no bearing on the Applicatin .

chrisologist
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Re: British Citizenship – Good Character & shoplifting mixup

Post by chrisologist » Sun Mar 06, 2016 3:22 pm

To be honest, it sounds like you should have declared this right away - at the end of the day your wife confessed to having committed a crime and if it shows up on an enhanced search, HO will be able to pick this up. Not having declared it could easily be seen as withholding information on purpose.

mrsali
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Re: British Citizenship – Good Character & shoplifting mixup

Post by mrsali » Wed Mar 09, 2016 1:20 pm

Thanks very much indeed for your guidance.

I have sent a letter to the following address (quoting my wife's Case Reference Number):

The Caseworker
UK Visas and Immigration
The Capital Building
Liverpool
L3 9PP

Sorry to be a pain, but are you aware of any other address (or email address) where I need to send a letter explaining the unfortunate incident? Or is the above address enough? I don't want them to turn around and say, 'hey, we didn't get any letter from you'. You know what I mean...

By the way, I have sent the letter through First Class Royal Mail Recorded Signed For service.

Thanks...

Znd
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Re: British Citizenship – Good Character & shoplifting mixup

Post by Znd » Thu Mar 10, 2016 7:25 pm

All the best and please kindly do share ur response,as I'm almost in the same situation .
Thanks

rks1980
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Re: British Citizenship – Good Character & shoplifting mixup

Post by rks1980 » Sat Apr 22, 2017 11:52 am

Hi

Is anyone aware what was the final out come in this case. I am facing a similar situation in my case. About to submit my visa application and wondering if the incident of community resolution shall be mentioned upfront.
Since its a recent case (within 2 months) can anyone suggest if this can be the ground of rejectioon (if declared).

Appreciate a response.

Thanks

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