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Gross Misconduct in relation to British Citizenship

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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flowerbloom32
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Pakistan

Gross Misconduct in relation to British Citizenship

Post by flowerbloom32 » Fri Mar 04, 2022 3:23 pm

I am writing to you today to kindly seek some advice. I was granted ILR in 2018 with it expiring on the 31st December 2024 until which I can apply for British citizenship. In August 2019, I was made aware of some false allegations against me. I resigned from my position in the same month, as in September 2019 I had to fly back to my home country to undergo a big operation. Last year, I was told that I had been found guilty of gross misconduct. I have since started a process of appeal however I wonder since they go on my DBS, would it likely affect my citizenship application in the future? In the investigation outcome letter I was sent, it was mentioned that these charges could reflect during a DBS check. I am not sure if during the citizenship application the Home Office would check my DBS record. If so, what the possible implications would likely be. I want to add that no criminal proceedings regarding the alleged allegations were filed and I have no previous criminal record, fine, caution, or reprimand to my name in the U.K. and my home country. Additionally, I may have breached my time restrictions of staying out of the U.K. due to health complications, Covid-19, and multiple bereavements in my family. It would be very kind and I would very much appreciate any advice or help related to this matter.

I would be very grateful if someone could answer these issues as they are causing me a great deal of stress and mental anguish. Thank you very much.

Hasan1983
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Posts: 46
Joined: Thu Dec 05, 2019 12:27 pm
Sudan

Re: Gross Misconduct in relation to British Citizenship

Post by Hasan1983 » Sat Mar 05, 2022 2:40 pm

In a nutshell, you need to request a SAR from your local police and check what is information they hold against you. The home office, for citizenship applications, carry out a vast numbers of checks some of which could return with negative results in terms of what you have just mentioned above.
Subject Access Request is entirely free and can help in determining whether you should carry on with your submitting a citizenship application.

flowerbloom32
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Posts: 4
Joined: Thu Mar 03, 2022 8:04 pm
Pakistan

Re: Gross Misconduct in relation to British Citizenship

Post by flowerbloom32 » Sat Mar 05, 2022 4:45 pm

Hi,
Thank you so much for your reply. I will request for a SAR as you have said. However, if there is mention of the alleged misconduct in the report, what are my options then? I have already started the process of appealing against the gross misconduct allegations. I don't plan on applying for the citizenship right away but say, if I apply 5 years from now, would it still hold value? I don't have any criminal record in the UK or my home country. I am feeling extremely disheartened as I feel this can possibly harm my chances in the future. How would it affect my application chances? Would the Home Office give me a chance to explain the situation via an interview or simply reject my application? Thank you.

flowerbloom32
Newly Registered
Posts: 4
Joined: Thu Mar 03, 2022 8:04 pm
Pakistan

Re: Gross Misconduct in relation to British Citizenship

Post by flowerbloom32 » Sat Mar 05, 2022 7:05 pm

Please could some Senior Members help me. Please.. I am in a complete state of panic over this and I feel as if Ive lost everything. I also have mental health issues so Im not dealing with it as best I can. I kindly request all Senior Members to help me please.

Hasan1983
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Posts: 46
Joined: Thu Dec 05, 2019 12:27 pm
Sudan

Re: Gross Misconduct in relation to British Citizenship

Post by Hasan1983 » Sun Mar 06, 2022 10:41 am

You should wait for the court outcome regarding your appeal. It is highly likely that HO will wait for this as well if you provide them with a clean SAR. I feel so sorry for you however try to hire a reliable lawyer.

Best wishes.

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Casa
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Re: Gross Misconduct in relation to British Citizenship

Post by Casa » Sun Mar 06, 2022 11:48 am

Hasan1983 wrote:
Sun Mar 06, 2022 10:41 am
You should wait for the court outcome regarding your appeal. It is highly likely that HO will wait for this as well if you provide them with a clean SAR. I feel so sorry for you however try to hire a reliable lawyer.

Best wishes.
I believe the OP has stated that there are no criminal proceedings pending. In which case there will be no Court hearing.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

flowerbloom32
Newly Registered
Posts: 4
Joined: Thu Mar 03, 2022 8:04 pm
Pakistan

Re: Gross Misconduct in relation to British Citizenship

Post by flowerbloom32 » Sun Mar 06, 2022 5:27 pm

Yes, as mentioned before there was no involvement of police. I have started an appeals process internally with the organisation. Nothing related to court etc. In this context, I wanted to know how this could possibly reflect on my citizenship application in the future.

Hasan1983
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Posts: 46
Joined: Thu Dec 05, 2019 12:27 pm
Sudan

Re: Gross Misconduct in relation to British Citizenship

Post by Hasan1983 » Mon Mar 07, 2022 5:12 pm

Sorry for misunderstanding, I think PNC doesn't hold like this information as long as it keptaway from legal course. Yet HO control a massive number of accesses to personal information beyond the PNC itself.

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