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Naturalisation

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Madhani
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France

Naturalisation

Post by Madhani » Sat May 27, 2023 4:47 pm

Hi all,

I am here to seek your help before applying my British citizenship.

I am EU National and living in UK since 2006. I have settled status since 2022. I have court orders which disposed by making an order under subsection (1) of section 245A of criminal procedure Scotland act 1995.

Orders that a period of 8 months the offender shall remain within his dwelling house between 20:00 to 08:00.

Order passed on 16/11/2021.

My question is when can I apply for British citizenship.

Thanks in advance.

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alterhase58
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Germany

Re: Naturalisation

Post by alterhase58 » Sat May 27, 2023 4:51 pm

Have you reviewed the good character guidance?
https://www.gov.uk/government/publicati ... le-version
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Madhani
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Posts: 3
Joined: Sat May 27, 2023 4:33 pm
France

Re: Naturalisation

Post by Madhani » Sat May 27, 2023 4:53 pm

Hi

I am confused because not sure restriction order falls under which category.

abbott25
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Tanzania

Re: Naturalisation

Post by abbott25 » Sat Jun 03, 2023 9:23 am

To understand the specific impact of a court order on a citizenship application, it would be advisable to consult with an immigration lawyer or a legal professional familiar with the relevant laws and regulations in your jurisdiction. They can review the details of the court order and provide you with accurate and specific guidance based on your situation. It will complicate your citizenship application if you don’t seek for advice, because it’s seems like this was a criminal case right?

Amber
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Re: Naturalisation

Post by Amber » Sat Jun 03, 2023 8:57 pm

More details required, what was the reason for the order?
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secret.simon
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Re: Naturalisation

Post by secret.simon » Sun Jun 04, 2023 11:50 am

Madhani wrote:
Sat May 27, 2023 4:47 pm
an order under subsection (1) of section 245A of criminal procedure Scotland act 1995.
That subsection states,
where a person is convicted of an offence punishable by imprisonment (other than an offence the sentence for which is fixed by law) the court, may, instead of imposing on him a sentence of, or including, imprisonment or any other form of detention, make an order under this section (in this Act referred to as a “restriction of liberty order”) in respect of him.
(Added emphasis mine)
That suggests that such an order is either in substitution to imprisonment or in addition to it, both of which would suggest that the offence was particularly grave.

As @Amber has mentioned above, we would need more details of the reasons for the order, but prima facie, it does not look good for any naturalisation application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Madhani
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Joined: Sat May 27, 2023 4:33 pm
France

Re: Naturalisation

Post by Madhani » Wed Jun 21, 2023 1:18 pm

Hi Simon Amber and all,

Yes the charge itself was very serious in nature as come under terrorism act.

For clarity I like to let you know all details but briefly so you may advise.

I am disabled person and had liver transplant few years back. I am on a lot of medication including antidepressants. Later I tweeted badly online regarding Kashmir and Palestine issue which authorities took as instigating to public and charged under terrorism act. Eventually 8 months order of liberty issued by judge and saw social worker for 10 months for talking to them for 1 or 2 hours occasionally so they can report back regarding my mental conditions.
Is this sufficient or you need more information?

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