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10 year ban citizenship banned rejected appeal
Posted: Wed Jun 12, 2019 5:10 am
by koch92
Hi all
I applied for BC 5 years ago and got rejected and banned for 10 years for not declaring a conviction that took place 2.4years prior the application- I wasn’t aware it was on my record/has to be declared. At 19 years of age, I had a brawl with my neighbour and we both got arrested and taken to court for breach of peace. I genuinely didn’t know this was going to be on my record and that serious for many reasons. Fast forward to make matters worse I got caught for speeding one week after I submitted my BC application, I went to court 6 months after and ended up with 6 points and a fine, again 5 years ago (this wasn’t picked up by HO). What are my chances of applying again and explaining my situation and declaring everything? Those are my only problems and since then I have gained a degree, work full time a as professional for 4 years all over the country without any issues. Would it be reasonable to send a letter to HO or apply freshly? In either cases I’d like to inform HO of the speeding issue as I don’t want it to cause me another 10 year ban after the current ban ends. Different Solicitors advise of different outcomes hence I’m reaching out for advice on here. Please see attached part of the rejection letter from HO ... a complex situation. Thanks
Re: Rejected Citizenship and 10 year ban appeal
Posted: Wed Jun 12, 2019 5:39 am
by koch92
Correction of subject
Re: 10 year ban citizenship banned rejected appeal
Posted: Wed Jun 12, 2019 1:01 pm
by alterhase58
I cannot give advice in detail on this except I understand that the Rehabilitation of Offenders Act does not apply for naturalisation applications, i.e. good behaviour since the event is probably not taken into account. The only route at the moment is to apply for reconsideration which is concerned with the correct application of the rules. If you apply before the 10 year ban is over I assume your application will fail again. Other may have deeper knowledge on the subject.
Re: 10 year ban citizenship banned rejected appeal
Posted: Wed Jun 12, 2019 9:29 pm
by koch92
The issue with me is that I genuinely didn’t declare because I wasn’t unaware that I had to or even have criminal record. Firstly I was told at police station it won’t be on my record and, 1 year prior the application I did a CRB check that came up clear - to only find out after the application that it’s to Scotland police and It only covers Scotland ... this is how novice I was regarding the whole situation. I did a police check last year, it says that I have pleaded guilty in court for the above problem - I was shocked as I never uttered those words in court and I was only asked about my wages and I answered that, then they set a fine (I would get fined £100 if I repeat the same situation) and I was released, another reason why I thought I didn’t have a record. So after the police check I went to court to ask how I pleaded guilty and they told me, as soon as you enter court you have pleaded guilty... worst of all, I was attacked by my neighbour and only defended myself. Thanks
Re: 10 year ban citizenship banned rejected appeal
Posted: Wed Jun 12, 2019 9:35 pm
by joeano353
Nobody here is a judge. We only narrate our experience and the moderators who know more because they are advising for a long time can only tell you what is a good solution without a guarantee. You cannot claim ignorance as an excuse. It is unfortunate but you have been found guilty even without pleading guilty. You can try appealing but its unlikely they will grant you an exemption. The rules are pretty strict and there is no discretion.
Re: 10 year ban citizenship banned rejected appeal
Posted: Thu Jun 27, 2019 4:08 pm
by iamscottish
koch92 wrote: ↑Wed Jun 12, 2019 5:10 am
Hi all
I applied for BC 5 years ago and got rejected and banned for 10 years for not declaring a conviction that took place 2.4years prior the application- I wasn’t aware it was on my record/has to be declared. At 19 years of age, I had a brawl with my neighbour and we both got arrested and taken to court for breach of peace. I genuinely didn’t know this was going to be on my record and that serious for many reasons. Fast forward to make matters worse I got caught for speeding one week after I submitted my BC application, I went to court 6 months after and ended up with 6 points and a fine, again 5 years ago (this wasn’t picked up by HO). What are my chances of applying again and explaining my situation and declaring everything? Those are my only problems and since then I have gained a degree, work full time a as professional for 4 years all over the country without any issues. Would it be reasonable to send a letter to HO or apply freshly? In either cases I’d like to inform HO of the speeding issue as I don’t want it to cause me another 10 year ban after the current ban ends. Different Solicitors advise of different outcomes hence I’m reaching out for advice on here. Please see attached part of the rejection letter from HO ... a complex situation. Thanks
Hey,
I just got a question, have you got your ILR before the you had issue with your neighbour/taken to court/convicted? I am surprised how the issue did not pop-up when you applied for ILR.
Re: 10 year ban citizenship banned rejected appeal
Posted: Fri Jun 28, 2019 1:33 am
by koch92
I can’t recall when I got my ilr exactly now. Does it affect LIR too? Thanks