British Citizenship – Good Character Requirement FAQs

[Amber]

Ok I'm so so sorry to be the trillionth person to ask this but do we declare police cautions which show up on crb even though technically spent?
(I realise UKBA don't care about the spent thing anymore)

Also, do you just declare the name of the offence as recorded on pnc or do you explain the crime??? It's just the pnc definition is very vague and doesn't actually give any indication of what the crime actually was.

Eg a caution for a "miscellaneous offence". Is that acceptable or would UKBA want to know the offence?

You should declare all convictions whether spent or not. Simple police cautions are 'spent' straight away but are relevant for 3 years for the purpose of citizenship. You should state the offence, an offence for something petty will be treated different if the offence is a sexual offence for example.

[arun1509]

Hi Guru's

This is related to my old thread:

http://www.immigrationboards.com/viewto ... ght=urgent

My Naturalisation application is refused today on the grounds of 'Non-Custodial Conviction' (Speeding SP50 from the court). I was convicted for speeding on Jan 2012 and UKBA has refused my applcation based on only 'ONE MINOR' conviction.

According to- 'British Citizenship – Good Character Requirement Common Questions' - Q8 - they should have dis-regarded this single minor conviction which resulted in £180 fine and 4 points. But, I was unlucky and declined citizenship. They have asked me to re-apply in Jan 2015 when this conviction gets spent.

Do you think UKBA has done any mistake? Should I appeal against it using a Solicitor? Please advice...

Thanks

[Amber]

Hi Guru's

This is related to my old thread:

http://www.immigrationboards.com/viewto ... ght=urgent

My Naturalisation application is refused today on the grounds of 'Non-Custodial Conviction' (Speeding SP50 from the court). I was convicted for speeding on Jan 2012 and UKBA has refused my applcation based on only 'ONE MINOR' conviction.

According to- 'British Citizenship – Good Character Requirement Common Questions' - Q8 - they should have dis-regarded this single minor conviction which resulted in £180 fine and 4 points. But, I was unlucky and declined citizenship. They have asked me to re-apply in Jan 2015 when this conviction gets spent.

Do you think UKBA has done any mistake? Should I appeal against it using a Solicitor? Please advice...

Thanks

You should be saying they may disregard not should. As I explained you were taking a risk, two outcomes your one conviction was disregarded, success, or it was not, refused. Sadly it was the latter.

[dadageer]

After reading Arun's saga above I thought to share my story.

I had a Speeding offense SP40 back in March 2006. I was sent a court order from Leeds Magistrate and was fined £60 and 3 points on my the then Learners License. I pleaded guilty and did not appear in court.

My points were since then removed and at the moment I don't have any points on my counter-part.

I will apply for Naturalisation in Feb 2014 and I was wondering if I really have to mention this speeding offense?

Also, I was served a Parking Penalty notice (PCN) back in September 2010 where I paid £25 as fixed fine. Do I have to mention it or is it OK to ignore?


Besides above two I never committed any offense and was never convicted. I think I satisfy the "good character" requirement.

Thoughts please?

[Amber]

After reading Arun's saga above I thought to share my story.

I had a Speeding offense SP40 back in March 2006. I was sent a court order from Leeds Magistrate and was fined £60 and 3 points on my the then Learners License. I pleaded guilty and did not appear in court.

My points were since then removed and at the moment I don't have any points on my counter-part.

I will apply for Naturalisation in Feb 2014 and I was wondering if I really have to mention this speeding offense?

Also, I was served a Parking Penalty notice (PCN) back in September 2010 where I paid £25 as fixed fine. Do I have to mention it or is it OK to ignore?


Besides above two I never committed any offense and was never convicted. I think I satisfy the "good character" requirement.

Thoughts please?

The non-custodial conviction has now lapsed and the PCN is not a qualifying issue. You should have no character issues now, the conviction should still be declared but it is not necessary to declare the PCN.

[dadageer]

Thanks D! really appreciate your feedback.

Here is another thing which is confusing me.

On Form AN, Q2.1 where they are asking about first arrival in UK and it has been further explained in guidance notes that this date should be the one when you landed in UK with a view to stay here on long-term basis.

I first arrived in UK on Student visa back in Oct 2005. I applied for HSMP in Decmeber 2006 from UK which got approved but was asked to leave UK and apply for Entry Clearance from my Home country. I went back and applied for Entry clearance in May 2007 (from home country) and was given HSMP in June 2007. I arrived in UK on HSMP in July 2007.I then applied for extension as Tier-1 General in July 2008 and was given a 4-year Tier-1 (General) visa up until July 2012. Now I am on ILR.

On the basis of above, the answer to Q2.1 would be July 2007 as I came here on a work visa as Highly Skilled Migrant with a view to settle after 5 years.

Coming back to my initial query about that SP40 court order which happened in March 2006 and I was just thinking if I mention it in my application then would they not get confused that I arrived here in July 2007 but had a speeding offense in March 2006? would it not be better to avoid mentioning it altogther as the time period of it (3 years) has long been past.

I would really appreciate your input on this.

[Amber]

Put your arrival 2005 as the first date, I'm sure when you first came you had ideas about settling here. You should declare the conviction.

[dadageer]

Thanks Amber!

[prudhvik7]

Hi,

I have NCS appointment in two days for Naturalisation (5yrs Wp + 2.7 yrs ILR). I am in full-time employment and a director of a Limited company.

but my company has Corporate tax arrears with HMRC since Sept 2012, it was 7k, but HMRC refered to Third party debt collector the amount was 4.5k, now it is 2k.

my arrangement with this third party debt collector was monthly payment of £500, which is paying regularly.

Is this going to be a problem (Good Character Requirement) for my Naturalisation approval?

please help me.

Regards
Prudhvi

[Amber]

It shouldn't be as you're not evading paying tax as you've made a repayment programme. I would include proof of the repayment schedule and proof of the repayments.

[prudhvik7]

Thank you Guru, any way i have managed to clear the arrears before going for NCS.

[Amber]

Thank you Guru, any way i have managed to clear the arrears before going for NCS.

Ok, well include proof of repayment.

[Derivaz]

Hi! Guys

I have a question about TV license: I'm currently staying in a shared flat, so I rent my own room and don't watch TV; the other day, we got a letter stating that if we watch TV, we need to purchase a license.

I've read that in shared accommodation each tenant is responsible for their own license, but since I don't watch TV, I don't need to purchase it and I'm not sure if other flatmates watch it, so since the letter doesn't come in my name and if they come to the flat to check, they can see that I don't watch TV, I shouldn't worry right? even if we got a letter saying that if we watch TV we need to purchase a license?

Regards

D

[Amber]

Hi! Guys

I have a question about TV license: I'm currently staying in a shared flat, so I rent my own room and don't watch TV; the other day, we got a letter stating that if we watch TV, we need to purchase a license.

I've read that in shared accommodation each tenant is responsible for their own license, but since I don't watch TV, I don't need to purchase it and I'm not sure if other flatmates watch it, so since the letter doesn't come in my name and if they come to the flat to check, they can see that I don't watch TV, I shouldn't worry right? even if we got a letter saying that if we watch TV we need to purchase a license?

Regards

D

Continue in your other thread.

[ARVI]

Dear All
I have been to court for not having Insurance and driving other than licence and convicted for 150 pound fine and 3 month disqualification in May 2006 at the same time and day coz both convictions were at same time and day.
Will this effect my naturalization application based on 5Yr WP + 1 Yr ILR due in now a days.
Pls suggest yours comments and experiences.

[QQA]

[quote="ARVI"]Dear All
I have been to court for not having Insurance and driving other than licence and convicted for 150 pound fine and 3 month disqualification in May 2006 at the same time and day coz both convictions were at same time and day.
Will this effect my naturalization application based on 5Yr WP + 1 Yr ILR due in now a days.
Pls suggest yours comments and experiences.[/quote]

You will be fine as you convicted over 3 years.
I had IN10 in 2009 with FPN issued by Police and not required to attend in court. i has been approved now. I explained that I had insurances since I qualified a full UK DL and forgot to renew it which actually expired few days.

[Amber]

Dear All
I have been to court for not having Insurance and driving other than licence and convicted for 150 pound fine and 3 month disqualification in May 2006 at the same time and day coz both convictions were at same time and day.
Will this effect my naturalization application based on 5Yr WP + 1 Yr ILR due in now a days.
Pls suggest yours comments and experiences.

Did you read the FAQ on page 1? The answer is there.

[bilal12]

Hi Amber(D),

I hope you are well. I dont know if you remember my interaction with you a couple months back. I sent you a covering letter and you even double checked it for me.

well, I am delighted to inform you that my Application for naturalisation has been accepted. I recieved my letter today dated 15 of july.

I am from pak/Afghan border (a very High Risk area) and my application process took only 1 month.

I am very thankful for you support and would Recommend you to any one who needs help in immigration matters.


Many thanks,
Bilal

[madi]

applied for nationality at 7.05.2013.no answer yet... 2 days ago i am arrested for common assault 39, domestic violence. i am not convict yet court gave me bail till 6 of September and trail will start my question that what i have to do now??? do i need to tell home office and how?and second think does this case affect on my citizenship.

please

[sunny321]

I need your help experts,
As a failed asylum seeker in 2003, I was arrested and detained to be removed from UK for using a document which wasn't mine in an attempt to get married. I got ill in detention, ended up in hospital where I made a fresh claim( asylum). I was released and asked to be reporting monthly. After a year I absconded. I reported myself to immigration in 2009. I was granted ILR through the legacy scheme in 2010.
I want to apply for naturalisation...Do I stand any chance? I am generally a person of good character. Please what should I do?

[Amber]

applied for nationality at 7.05.2013.no answer yet... 2 days ago i am arrested for common assault 39, domestic violence. i am not convict yet court gave me bail till 6 of September and trail will start my question that what i have to do now??? do i need to tell home office and how?and second think does this case affect on my citizenship.

please

Yes you need to inform the Home Office, it is likely the citizenship decision will be paused pending the outcome of your criminal case.

[Amber]

I need your help experts,
As a failed asylum seeker in 2003, I was arrested and detained to be removed from UK for using a document which wasn't mine in an attempt to get married. I got ill in detention, ended up in hospital where I made a fresh claim( asylum). I was released and asked to be reporting monthly. After a year I absconded. I reported myself to immigration in 2009. I was granted ILR through the legacy scheme in 2010.
I want to apply for naturalisation...Do I stand any chance? I am generally a person of good character. Please what should I do?

For naturalisation, deception is taken very seriously. In most cases where the applicant has shown deception in a previous immigration application they will not successful for 10 years following that decision. However, if you fail to disclose a 'material fact' that in itself could amount to deception and create a citizenship application ban for 10 years. As your deception related to 2003 you should (depending on the month) be ok to apply subject to meeting the other requirements.

[sunny321]

Thanks guru,
It was in November 2003.

[madi]

applied for nationality at 7.05.2013.no answer yet... 2 days ago i am arrested for common assault 39, domestic violence. i am not convict yet court gave me bail till 6 of September and trail will start my question that what i have to do now??? do i need to tell home office and how?and second think does this case affect on my citizenship.

please

Yes you need to inform the Home Office, it is likely the citizenship decision will be paused pending the outcome of your criminal case.


Thanks amber. 2 more question please ... If I don't tell them will they find out cz they got my case nearly 3 months & second question if I found guilty will they refuse my citizenship .

[neoseal]

I have removed this post so as not to confuse other people with incorrect info.