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I have a criminal conviction can i still apply for BC
Posted: Thu Dec 09, 2010 9:42 am
by playboy78
Hi all, i was arrested in feb 2005 and was sent to jail in 22 june 2005 for 9months for in possesion of false passport. i came out in Aug 2005 on tag got my ILR Oct 2005 i applied for BC Oct 2006 and was told to wait till march 2011 to apply again because i have a conviction which i did mention in the application.
Note then HO was applying the Clear period rule but since the clear period rule has been taken off since Jan 2008 do i have to wait till 2015 or i should apply in 2011 please any help will be appreciated and has anyone been in the same predicament before thanks in acticipation[/b][/code]
hello
Posted: Thu Dec 09, 2010 8:37 pm
by playboy78
can anyone help me with my questions pls whenshould i apply since that is my predicament
Posted: Fri Dec 10, 2010 11:04 pm
by JulesN19
You certainly can apply now, but this is a separate issue from whether your application would be approved.
The Home Office no longer uses "clear periods" and now states that an applicant with an unspent conviction is
very unlikely to be approved. They will often disregard minor offences, but your offence is clearly not a minor one and is of the sort that they would regard as quite serious.
You may want to read
the Home Office's guidance to its employees on the good character requirement for naturalisation.
I would not apply until the conviction is spent. However, if you do apply before your conviction is spent, then you must disclose it. It is an offence to lie in an immigration application.
Where someone lies on a naturalisation application or conceals a material fact, Home Office policy now says that the person should be told that he or she is very unlikely to be approved for naturalisation within the next ten years. If they apply this policy to your failure to mention your conviction in your 2006 application, you may well want to wait until 2016 to apply.
Posted: Fri Dec 10, 2010 11:32 pm
by vinny
You shouldn't apply until your conviction is considered as
spent.
Posted: Sat Dec 18, 2010 2:24 pm
by playboy78
someone told i can apply after five year that i can get it so after the newyear am putting my form forward
Posted: Sat Dec 18, 2010 3:25 pm
by Backer
I hope this "someone" is also prepared to refund you in case if failure.
As vinny pointed out in his link - "Sentence of imprisonment of more than six months but no more than two and a half years - 10 years (spend period)"
If you are willing to risk your money write a good cover lever and/or use the letter you have telling you to apply in 2011.