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Hi all,

I need some suggestions and help from you. I just got refusal letter from HO last week as I didn't declared my conviction in the application. I have convicted selling counterfeit goods in 2012, but the conviction didn't show in my basic disclosure which I checked before I submit the application, therefore I didn't declare the conviction.

The letter from HO states:

"It is open to you to re-apply for citizenship at any time but your failure to disclose details of your previous convictions to us will be taken into consideration on any fresh application made within TEN years of the date of this letter and is likely to lead to the application being refused".

Should I write a covering letter with reconsideration form and explain why I didn't declare the conviction (I have finished the sentenced 100 hours community work and I didn't find my conviction from Basic Disclosure Scotland)? If I do so and the outcome is not positive, will HO withdraw my ILR (as I didn't declare conviction when I applied ILR)? Or should I wait few months/years and reapply again?

I have proper job since 2011 and paying tax correctly every year, I can get reference letter from my previous and current employer/colleague to confirm I am a positive and good person.

Please give my some suggestion, thank you very much indeed!

Such a simple thing, did you not read the form or the booklet?

Note: We will carry out criminal record checks on all applicants. You must give details of all criminal convictions. This includes road traffic offences (including all drink driving offences).

or

3.1-3.2 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences.

See Q12 here.

You can try a reconsideration and argue that you didn't realise they meant all convictions because it wasn't listed on your CRB. You should probably include that with your letter. You maybe have a 5% chance they'll accept. Otherwise you'll have to wait 10 years from your application date, 2025.

"It is open to you to re-apply for citizenship at any time but your failure to disclose details of your previous convictions to us will be taken into consideration on any fresh application made within TEN years of the date of this letter and is likely to lead to the application being refused".

This is included for legal reasons. They cannot stop you from reapplying because everywhere has the right to apply, or state your application will be refused, otherwise it's prejudiced.

Your ILR should be fine.

sorry to hear about your refusal.

were you prosecuted by police or customs or any other agency? Was your finger print taken at the time of the prosecution?

It is unfortunate you didnt do a subject access request request to Police National Computer beffore making your application

t123456789 wrote:Such a simple thing, did you not read the form or the booklet?

Note: We will carry out criminal record checks on all applicants. You must give details of all criminal convictions. This includes road traffic offences (including all drink driving offences).

or

3.1-3.2 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences.

See Q12 here.

You can try a reconsideration and argue that you didn't realise they meant all convictions because it wasn't listed on your CRB. You should probably include that with your letter. You maybe have a 5% chance they'll accept. Otherwise you'll have to wait 10 years from your application date, 2025.

"It is open to you to re-apply for citizenship at any time but your failure to disclose details of your previous convictions to us will be taken into consideration on any fresh application made within TEN years of the date of this letter and is likely to lead to the application being refused".

This is included for legal reasons. They cannot stop you from reapplying because everywhere has the right to apply, or state your application will be refused, otherwise it's prejudiced.

Your ILR should be fine.

Thank you very much for your reply. I just found the website after got the refusal letter. I thought the convinction didn't show on Scotland disclosure so I don't need to declare it:(

allenboo wrote:sorry to hear about your refusal.

were you prosecuted by police or customs or any other agency? Was your finger print taken at the time of the prosecution?

It is unfortunate you didnt do a subject access request request to Police National Computer beffore making your application

Thank you very much for your reply. I didn't prosecuted by police nor customs. It was trading standards officer who went to the shop and found some counterfeit jewelry. I didn't leave any finger prints and they even didn't check my id. How can I request to access police national computer?

Did you have to go to court? Were you sentenced in court?

You can file a Subject Access Report with the police or with the courts to find any details they have on you.

Best wishes

t123456789 wrote:Did you have to go to court? Were you sentenced in court?

You can file a Subject Access Report with the police or with the courts to find any details they have on you.

Yes. I went to court and got sentenced in court.

stephenalec wrote:

t123456789 wrote:Did you have to go to court? Were you sentenced in court?

You can file a Subject Access Report with the police or with the courts to find any details they have on you.

Yes. I went to court and got sentenced in court.

Well there's no argument then.

You'll have to wait until 2025.

I am sorry to hear about your application being unsuccessful. Go to local police station and request the PNC/ACRO report, I think it costs a tenner. Basis disclosure reports dont always show everything and you can not request your own full disclosure AFAIK. Who knows what the outcome would of been had you declared it but I dont believe reconsideration would do much good at least right away.

My good wishes are with you!