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Good Character Requirment
Posted: Sat Mar 08, 2025 3:58 pm
by theoneday
Hi,
back in 2021 I was convicted of a driving offence and given 18 month non-custodial sentence. It has now been 4 years since the incident and I am now up to apply for citizenship. Do you think it would be wise to apply now or wait till the next year until the incident has been 5 years to give me a better chance. Or would it not make a difference?
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 4:37 pm
by contorted_svy
What were you required to do for this non-custodial sentence? Have you reviewed the full guidance?
https://assets.publishing.service.gov.u ... racter.pdf
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 5:03 pm
by theoneday
I was given a community sentence which was a 8 weeks curfew and my sentence was ultimtely determined as served by my probation officer. I have read the guidance, however it is not very straightforward and I was hoping I could rely on the balance of probablities but not sure if 4 years is considered recent.
Also, looking at the seriousness of the offence, would receiving an 18 month sentence be considered as serious. It is all very overwhelming and any clarity would really be helpful.
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 8:15 pm
by contorted_svy
I would imagine that you may need to wait a bit longer than a year as your sentence was of 18 months. I assume you didn't cause serious harm? You also need as much evidence as possible that your character has changed, eg volunteering in your community, taking courses or raising awareness so that crime is reduced. Do you have any other factors against your good character?
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 9:57 pm
by theoneday
How much longer do you reckon I would have to wait?
I did not cause any serious harm and did a driving awareness course after the incident. I do however still have the endorsement on my license. I will look into community volunteering.
I have no other factors that go against my good character.
Does it make a difference that I received my ILR to remain with this conviction on record seeing as the good character requirement for naturalisation and ILR are the same? Thank you
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 10:30 pm
by contorted_svy
theoneday wrote: ↑Sat Mar 08, 2025 9:57 pm
How much longer do you reckon I would have to wait?
I would wait until 3 times the length of your sentence since you were given it without any further offences but it's purely based on feeling, there is nothing on the guidance to confirm this.
I did not cause any serious harm and did a driving awareness course after the incident. I do however still have the endorsement on my license. I will look into community volunteering.
Yes recommend you start that straight away.
I have no other factors that go against my good character.
Good.
Does it make a difference that I received my ILR to remain with this conviction on record seeing as the good character requirement for naturalisation and ILR are the same? Thank you
No it doesn't. ILR and naturalisation are under different pieces of legislation entirely and have different requirements.
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 10:36 pm
by contorted_svy
I would suggest you speak to a solicitor if you want to apply next year or to get more guidance based on their experience.
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 10:45 pm
by theoneday
Thank you for all your help. Will speak to a solicitor to see if it is worth trying or just abandon the whole process entirely.
Re: Good Character Requirment
Posted: Sat Mar 08, 2025 10:48 pm
by contorted_svy
I think if you wait long enough and show your character is changed you will be eligible. I am just unable to advise exactly on how long is long enough in your case. I am unclear whether you were given an 18 months service and you just had to serve 8 weeks, or how that unfolded exactly.
Re: Good Character Requirment
Posted: Sun Mar 09, 2025 12:55 am
by theoneday
I think that's my worry. How long is long enough going to be? 5/10/15 years, I think having at least an idea of what is deemed acceptable time to have passed would make it easier to navigate, as currently it seems like a fruitless and endless endeavor.
In terms of my sentence, I have gone through my emails, and it was an 18-month sentence, and the recommendation from the probation worker was actually 120 days of curfew, which was not imposed. Therefore, I just spent the 18 months existing as I do now.
Re: Good Character Requirment
Posted: Sun Mar 09, 2025 3:58 am
by theoneday
Sorry final update, I think the confusion was on my behalf. I received an 18 month driving ban and the community order was 120 days curfew. Thanks
Re: Good Character Requirment
Posted: Sun Mar 09, 2025 9:10 am
by contorted_svy
What was the code for your driving ban? Did you take any safe driving courses or similar? Was your license reinstated?
Re: Good Character Requirment
Posted: Sun Mar 09, 2025 10:40 am
by theoneday
DR30.
Yes, took a safe driving course and licence was reinstated about 2 years ago.
Thanks