Dear Amber, You are right in saying"In calculating the threshold it is the prison sentence that counts, not the time served, and a suspended sentence counts as if it were a prison sentence" . The suspended sentence order is one in which a judge suspends the prison sentence for a period of time and i...
Dear Amber, With due respect ,my intention is not to mislead or misguide. Please see this In assessing whether a particular threshold is met you must use the sentence imposed, not the actual time spent in prison. However, this does not include: suspended sentences (unless that sentence is subseque...
Dear Amber, The home office cannot treat a suspended sentence as custodial for one end of the migration journey while treating it as non-custodial for another purpose. Logically if what you are saying is true then what applies to the egg does not apply to the chicken. On their website it clearly sta...
Dear Amber, Please check this.... And update your FAQ on suspended sentences. It could mean opportunity lost for many people who are in doubt. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/general-grounds-refusing/about.pdf?view=Binary Please refer to this Page 69 o...
Dear Amber, Some questions come to mind.. is the sentence taken into account or the disposal?In deciding whether a conviction is minor . Now say for assault there is GBH, ABH and Battery all called assault between sec 39 to 47. They dispense suspended sentences, conditonal discharges, fine, communit...
Dear Amber, Agreed. So what will be your advise to people who got suspended sentence orders? They gotto follow the boxes above the non custodial sentence in the guidance and wait for 7 years and beyond to apply or risk loosing their fees?? Or if it was a one off do they stand a chance? Or will good ...
Dear Amber, So a person wil have to wait for 7 years or risk loosing the home office fees is what you say. In the case of a suspended sentence where the person did not go to prison ,but the damocles sword was hung up on his head and he was asked to comply with requirements and the penalty was waived...
Dear D4109125, First let me salute you for putting up a brilliant FAQ for the benefit of the board. I never for a moment thought you pulled the FAQ's out of thin air. So are you saying a Suspended Sentence of Less than 6 months will result in a person having to wait for 7 years to get his citizenshi...
Dear UKforever, That FAQ is brilliant no doubt. The question is what is the source? Is this legit Border Agency FAQ or in other words was it compiled from the actual guidance issued by the Border Agency? I am not questioning the legitimacy, just that the guide AN is silent on suspended sentences. Wh...
Folks, As most of you must know after 13 Dec 2012 the Rehabilitation of Offenders Act 1974 is no longer applicable and it is not relevant if a sentence is spent or unspent. The Border Agency has published their own thresholds and guidelines. There is a senior anamoly in the guidance issued. The grey...
Dear Ayyubi, What you are saying is I can surrender the Indian Passport in 3 months. And in that time, I can travel on it. But the dilemma I face is that Once I land up in the US I will apply for my British Passport. This will take time. I hear anything between 4 to 6 months minimum. And note Only a...
I need your help gys. I am about to apply for Naturalisation, the problem I have here is that I had a drink driving ban on July 24th 2008. Next month will be five years from now which means it will become spent. I was fined and I moved addresses so I did not pay the court fine on time. I have paid ...
Hi, As per guide AN see the below Here is the link to the guide AN http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_an.pdf 3. BREACH OF IMMIGRATION LAW You should not have been in breach of immigration law during the residential qualifying period. You should have been...
Folks, After the application for British Naturalisation is approved, I understand you get an invitation to attend a Ceremony, where the Certificate of Naturalisation is issued. A few clarifications needed... 1. I have got a job in the USA for which the H1b which will be stamped on Indian passport. S...
