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Multiple non-cusdodial convictions, BC

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Tombonjovi
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Multiple non-cusdodial convictions, BC

Post by Tombonjovi » Sun Mar 01, 2020 5:27 pm

Hi,
Can I ask if someone over the period of 13/14 years had multiple non-cusdodial offences e.g. 13, cautions, suspended sentences, FPNs. After 5 and half years of applying for BC, if your application refused, could you loose your ILR or even worse, get deported? also is there an exception your application for BC get approved?
Many thanks for your advice in advance.

London22
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Re: Multiple non-cusdodial convictions, BC

Post by London22 » Sun Mar 01, 2020 5:39 pm

Tombonjovi wrote:
Sun Mar 01, 2020 5:27 pm
Hi,
Can I ask if someone over the period of 13/14 years had multiple non-cusdodial offences e.g. 13, cautions, suspended sentences, FPNs. After 5 and half years of applying for BC, if your application refused, could you loose your ILR or even worse, get deported? also is there an exception your application for BC get approved?
Many thanks for your advice in advance.
There are exceptions &discretion of HO which very rarely they apply.Most likely application for naturalization is refused if the applicant has been committing crimes in last 10yrs,but if last 10yrs record is clean then previous convictions are ignored.Refusal of nationality has no impact on ILR.HO currently deporting foreign criminals holding ILR hence it depends on individual circumstances convictions.Current is the most toughest time.

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Zerubbabel
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Re: Multiple non-cusdodial convictions, BC

Post by Zerubbabel » Sun Mar 01, 2020 5:44 pm

Hello

With this history, you will probably perceived as a persistent offender. Which means the offences are not isolated incidents but rather a conscious choice of constantly breaking the law.

I am not a great believer in the success of the British Citizenship under these circumstances. You will fail the character test.

However, I never heard that the refusal of the citizenship leads to the removal of an already granted ILR. I am assuming here that the ILR was granted obtained without deception or falsification. Otherwise, the citizenship application may indeed bring the ILR deception into light. If that's the case, the ILR could be compromised. But if you obtained the ILR under normal circumstances, the refusal of the citizenship alone cannot compromise it.

Tombonjovi
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Re: Multiple non-cusdodial convictions, BC

Post by Tombonjovi » Sun Mar 01, 2020 6:53 pm

Thanks for your reply. Yes I have my ilr since I was 7 years old and it's all ligitement.

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Djsuccess
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Re: Multiple non-cusdodial convictions, BC

Post by Djsuccess » Sun Mar 01, 2020 7:12 pm

Tombonjovi wrote:
Sun Mar 01, 2020 5:27 pm
Hi,
Can I ask if someone over the period of 13/14 years had multiple non-cusdodial offences e.g. 13, cautions, suspended sentences, FPNs. After 5 and half years of applying for BC, if your application refused, could you loose your ILR or even worse, get deported? also is there an exception your application for BC get approved?
Many thanks for your advice in advance.
When were these offences committed?
you said over 13/14 years/ Were they committed every year?
When was the last time you had a caution etc?
Just reading what you have written, your case will likely be treated as a persistent offender. If you provide a timeline of when the offences were committed, you might get a advice about your situation.
However, as you have been told, as long as your ILR was obtained appropriately, the failure of BC application will not affect your already obtained ILR
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Tombonjovi
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Re: Multiple non-cusdodial convictions, BC

Post by Tombonjovi » Sun Mar 01, 2020 7:27 pm

Many Thanks djsuccess, no they were not every year. 2 in 2006, 4 of them was in 2008/2009, 3 in 2011, and 4 between 2013 and 2015.

secret.simon
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Re: Multiple non-cusdodial convictions, BC

Post by secret.simon » Sun Mar 01, 2020 8:04 pm

Tombonjovi wrote:
Sun Mar 01, 2020 5:27 pm
After 5 and half years of applying for BC, if your application refused, could you loose your ILR or even worse, get deported?
What kind of offences were you convicted of? If they are relatively serious crimes, such as burglary, I would suggest taking legal advice. But repeat offenders are unlikely to be naturalised.

See, for instance, the profile of one of the recently deported people, who was a repeat offender with family in the UK, but not a British citizen. In spite of having family in the UK and in spite of having lived in the UK since he was 12 years old, he was still deported.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tombonjovi
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Re: Multiple non-cusdodial convictions, BC

Post by Tombonjovi » Sun Mar 01, 2020 9:31 pm

I have never been imprisoned. I had suspended sentence. I work for a bank. I think that article you kindly share refers to someone who has also been in prison? I also never had burglary etc convictions. It was all stupidly and not being cautious for the circumstances.

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Djsuccess
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Re: Multiple non-cusdodial convictions, BC

Post by Djsuccess » Sun Mar 01, 2020 10:28 pm

Tombonjovi wrote:
Sun Mar 01, 2020 9:31 pm
I have never been imprisoned. I had suspended sentence. I work for a bank. I think that article you kindly share refers to someone who has also been in prison? I also never had burglary etc convictions. It was all stupidly and not being cautious for the circumstances.
Can you be more specific about your suspended sentences?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Tombonjovi
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Re: Multiple non-cusdodial convictions, BC

Post by Tombonjovi » Sun Mar 01, 2020 10:37 pm

Drink and drive. Once.

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