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Good character and police cautions confusion!
Posted: Sun Apr 14, 2013 9:15 pm
by slopter
Help! Am looking for some advice regarding my partners application for citizenship. Unfortunately 5 years ago she received a police caution for possession of a small amount of cannabis at a concert. It was very silly of her and she has not been in any further trouble since.
When she applied for ILR she didn't have to declare anything as her simple police caution counted as immediately spent and not considered a conviction ILR was granted successfully.
I'm now confused by form AN1 and the recent changes around good character
3.6 - Does a caution count as a conviction or can she say NO here.
The good character webpage under citizenship says...
"If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent."
3.16 Have you ever engaged in activities which would mean not of good character. Does a caution now need to be declared here whereas previously it didn't?
The recent rule changes say
"Police cautions will be looked at in determining whether someone meets the good character requirement."
HOWEVER the good character information question on the eligibility page says
"There is no definition of good character in nationality law, but we would normally accept that the requirement is met if:
- our enquiries with the police and other government departments reveal no cause for concern;
- there are no unspent convictions;
- there is no other information to cast doubt on the applicant's character."
Would it be reasonable to assume that you are of good character if it was a caution and that during ILR it had not been an issue and therefore not to mention it on the form?
The booklet and instructions are not particularly clear and don't mention cautions anywhere. Or is this just an attempt to deliberately confuse people and then reject them for deception if cautions are not declared? Seems a bit like chicken and egg.
Any thoughts or experiences from others would be appreciated!
Re: Good character and police cautions confusion!
Posted: Sun Apr 14, 2013 9:26 pm
by Amber
slopter wrote:Help! Am looking for some advice regarding my partners application for citizenship. Unfortunately 5 years ago she received a police caution for possession of a small amount of cannabis at a concert. It was very silly of her and she has not been in any further trouble since.
When she applied for ILR she didn't have to declare anything as her simple police caution counted as immediately spent and not considered a conviction ILR was granted successfully.
I'm now confused by form AN1 and the recent changes around good character
3.6 - Does a caution count as a conviction or can she say NO here.
The good character webpage under citizenship says...
"If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent."
3.16 Have you ever engaged in activities which would mean not of good character. Does a caution now need to be declared here whereas previously it didn't?
The recent rule changes say
"Police cautions will be looked at in determining whether someone meets the good character requirement."
HOWEVER the good character information question on the eligibility page says
"There is no definition of good character in nationality law, but we would normally accept that the requirement is met if:
- our enquiries with the police and other government departments reveal no cause for concern;
- there are no unspent convictions;
- there is no other information to cast doubt on the applicant's character."
Would it be reasonable to assume that you are of good character if it was a caution and that during ILR it had not been an issue and therefore not to mention it on the form?
The booklet and instructions are not particularly clear and don't mention cautions anywhere. Or is this just an attempt to deliberately confuse people and then reject them for deception if cautions are not declared? Seems a bit like chicken and egg.
Any thoughts or experiences from others would be appreciated!
The HO/ukba will treat a police caution as a non custodial conviction for the purpose of the good character requirement and it will create an automatic refusal for a 3 years period. The police caution shoud be declared and shoud not create any issues providing there are no more offences.
Posted: Tue Apr 16, 2013 9:35 pm
by slopter
Thanks for the response!! Would it need to be declared as a conviction in 3.6 or just mentioned in the good character question under 3.16?
(or alternatively should they say yes to conviction and no to any reason to doubt good character?)
Secondly is there any merit in trying to explain the background to the caution/why character should be considered good or is best just to mention it and leave it at that.
Posted: Tue Apr 16, 2013 10:28 pm
by Amber
slopter wrote:Thanks for the response!! Would it need to be declared as a conviction in 3.6 or just mentioned in the good character question under 3.16?
(or alternatively should they say yes to conviction and no to any reason to doubt good character?)
Secondly is there any merit in trying to explain the background to the caution/why character should be considered good or is best just to mention it and leave it at that.
All convictions whether spent or not need to be declared.
A literal interpretation would indicate that a police caution is not a conviction. It should be sufficient to add details of the caution in the further information page. Providing it is declared then you've not deceived the ukba. Yes explain that is was a low level/minor offence hence the caution and that the stupidity has not been repeated, that should suffice.
Re: Good character and police cautions confusion!
Posted: Mon Nov 16, 2015 4:11 am
by kabalatown
Amber wrote:slopter wrote:Help! Am looking for some advice regarding my partners application for citizenship. Unfortunately 5 years ago she received a police caution for possession of a small amount of cannabis at a concert. It was very silly of her and she has not been in any further trouble since.
When she applied for ILR she didn't have to declare anything as her simple police caution counted as immediately spent and not considered a conviction ILR was granted successfully.
I'm now confused by form AN1 and the recent changes around good character
Hi All,
Similar situation I hard a police caution in March 2013 for drink and disorder did not declear it application refuse. This is the only conviction. Does it make sense to reapply fresh and explain to HO
3.6 - Does a caution count as a conviction or can she say NO here.
The good character webpage under citizenship says...
"If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent."
3.16 Have you ever engaged in activities which would mean not of good character. Does a caution now need to be declared here whereas previously it didn't?
The recent rule changes say
"Police cautions will be looked at in determining whether someone meets the good character requirement."
HOWEVER the good character information question on the eligibility page says
"There is no definition of good character in nationality law, but we would normally accept that the requirement is met if:
- our enquiries with the police and other government departments reveal no cause for concern;
- there are no unspent convictions;
- there is no other information to cast doubt on the applicant's character."
Would it be reasonable to assume that you are of good character if it was a caution and that during ILR it had not been an issue and therefore not to mention it on the form?
The booklet and instructions are not particularly clear and don't mention cautions anywhere. Or is this just an attempt to deliberately confuse people and then reject them for deception if cautions are not declared? Seems a bit like chicken and egg.
Any thoughts or experiences from others would be appreciated!
The HO/ukba will treat a police caution as a non custodial conviction for the purpose of the good character requirement and it will create an automatic refusal for a 3 years period. The police caution shoud be declared and shoud not create any issues providing there are no more offences.