Reference validity and Tfl fine

[Tonik]

Hi everyone,

I am planning to apply for British citizenship (through naturalisation) and would like to get some opinions on some of the issues that I have.

1. I was caught using someone else's freedom pass on Tfl (I know it's stupid, but well..) in May 2011 and was consequently fined c. £350 via a magistrates court order in November 2011. While there is no criminal record coming up on my CBR/DBS check I think it still exists somewhere as as far as I know it counts as a criminal offence. My question is the following - do you think I should wait until after full 3 years since the court ruling before applying? It would be around December 2014 this year but I am planning to go on a long (4 months) travelling trip in October and wanted to apply before leaving. I am just not sure how Home Office will treat this sort of offence and whether they can refuse my application due to less than 3 years since the court date (although the actual offence happened in May 2011 which is more than 3 years already)

2. One of my references (from an ACA) was given to me in March 2013 (signed with this date) - do you think it may be outdated as it has been more than a year? I tried to contact this referee again but he is currently working abroad with no plans to come back before 2015.

Thank you very much for your advice.

Tonik

[Amber]

Conviction will need to be declared and you should wait 3 years.

[Tonik]

Conviction will need to be declared and you should wait 3 years.

Amber - thank you for your reply. Yes, I was not planning to hide it. However, I heard that in some cases less than 3 years can be accepted for not so serious offences if there are no other evidence of bad behaviour

[Amber]

That was the old guidance, you'd now be asking for an exceptional grant.

[Tonik]

That was the old guidance, you'd now be asking for an exceptional grant.

Thank you Amber. Do you think that if 3 years passed since the court ruling it will definitely be disregarded?

Also, what about the reference date, do you think it should still be fine although it was given last year?

[Amber]

Yes, it should be.

The reference is unlikely to be accepted as per:

If the application has been received in the Home Office more
than 6 months after the date on which it was declared by the
referees there is a possibility that the applicant's circumstances
have changed. The form should therefore be returned to be re-
declared by the referees to ensure that the information given is
up to date.

[Tonik]

I have just come across this changes to the Rehabilitation of Offenders Act which states that most of the rehabilitation periods are reduced. I have been convicted in court in 2011 for evasion fare - does it mean that it has become spent as per the new guidelines (i.e. 1 year?) http://hub.unlock.org.uk/knowledgebase/ ... anges-roa/

[Amber]

The 1974 Act is not applicable to immigration and nationality applications so it doesn't matter if it's spent or not.