Criminalty Threshold, differentiate btw ILR & Naturalisa

[skilachi]

Hello,

Can someone please clarify the new chanages regarding the criminalty threshold when applying for ILR or UK Naturalisation.

Been reading different comments and also UKBA site

For ILR

where the person is seeking indefinite leave to enter or remain:

they have, within the 24 months preceding the date of the application, been
convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

..So that means applicants can apply 24months or 2yrs after the date of conviction/offence (and in most cases still declare there unspent conviction as it will be unlikely the conviction will be spent since the new rehabilitation act is still yet to come into effect in April 2013).


Now for full UK Naturalisation (after getting ILR).


Read this states applicants will have to wait 36months i.e 3yrs after the date of conviction.

Can you please clarify that for those applying for

ILR will need to wait 24months (2years) and
Naturalisation need to wait 36 months (3years) before they can apply?

Thanks

[Amber]

Hello,

Can someone please clarify the new chanages regarding the criminalty threshold when applying for ILR or UK Naturalisation.

Been reading different comments and also UKBA site

For ILR

where the person is seeking indefinite leave to enter or remain:

they have, within the 24 months preceding the date of the application, been
convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

..So that means applicants can apply 24months or 2yrs after the date of conviction/offence (and in most cases still declare there unspent conviction as it will be unlikely the conviction will be spent since the new rehabilitation act is still yet to come into effect in April 2013).


Now for full UK Naturalisation (after getting ILR).


Read this states applicants will have to wait 36months i.e 3yrs after the date of conviction.

Can you please clarify that for those applying for

ILR will need to wait 24months (2years) and
Naturalisation need to wait 36 months (3years) before they can apply?

Thanks

For non custodial sentences and police cautions it is 2 years for ILR and 3 years for Naturalisation. What was the offence?

[skilachi]

Hi,

It's DR10: drink driving. Got pulled over night of Olympic opening ceremony in July 26 and appeared in court 2 was later, August 10 2012 got ban 22 months but got 5 months off as 1st time offence after going for the course and a court fine of 490.

Already got my ILR last year Feb, wud have been eligible to apply for naturalisation now but guess will have to wait till 2015.

[Amber]

Hi,

It's DR10: drink driving. Got pulled over night of Olympic opening ceremony in July 26 and appeared in court 2 was later, August 10 2012 got ban 22 months but got 5 months off as 1st time offence after going for the course and a court fine of 490.

Already got my ILR last year Feb, wud have been eligible to apply for naturalisation now but guess will have to wait till 2015.

Well it will be an automatic refusal for 3 years. However, the application could still be refused (discretion) as the offence is one which shows bad character due to reckless behaviour. You must ensure that no other offences of any sort are committed in the meantime.

[vitaphilly]

I know it is an old post, but any chance Skilachi could share the outcome please? Thank you

[CR001]

I know it is an old post, but any chance Skilachi could share the outcome please? Thank you

User has not logged in for more than a year. Kindly refrain from digging up old posts.