British Citizenship – Good Character Requirement FAQs

[Mahm256]

Hi I was arrested for 1 day and sentenced to pay fine only (500 pounds) , but the court decided that the 1 day of arrest would coun towards my fine and lowered it to 450 pounds. Would that still class as fine and can I apply after 3 years or do I need to wait 10 years before my application? On the court order there is nothing about prison.

Could you shade some light on when you were arrested? Unfortunately even a day of prison is classed as custodial sentence which rules you out of good character requirement. So you have to wait after 10 years from when you was sentenced

You see I did not spent even a day in prison and wasn't sentenced to prison time. I was sentenced to pay fine but as I wrote the 1 day in arrest counted towards the fine and lowered it by 50 pounds.
As far as I know you can be arrested for anything up to 48 hours but you can only be imprisoned by court. Prison and arrest are two different things.
So in my case would you say 3 or 10 years?

What you failing to understand is that you was convicted by the court and found guilty hence why a fine was imposed. As long as your case get to court, it affects your application unless found not guilty but in your case you were found guilty even if you didn't receive a custodial sentence. Unfortunately you have to wait for three years and submit your application

[gnantha]

Received my approval today and owe so much to this thread that I thought sharing my case may benefit some.

Had two notable good character requirement issues with my nationality application,

1 Received penalty points and fined by court for driving offence (older than three years prior application) &
2 Initially entered UK illegally.

Clearly caseworker has exercised his/her discretion to approve.

Thank you all for sharing their valuable informations

[t123456789]

What you failing to understand is that you was convicted by the court and found guilty hence why a fine was imposed. As long as your case get to court, it affects your application unless found not guilty but in your case you were found guilty even if you didn't receive a custodial sentence. Unfortunately you have to wait for three years and submit your application

I think you need to reread the post because you are misunderstanding. The question is: If you receive a non-custodial sentence, but the police keep you in prison until your court appearance, is it actually a considered a custodial sentence and 10 year wait, or a 3 year wait.

99% sure it's a 3 year wait, but a SAR request from the court should confirm the sentence, because that's what the HO will see.

[kabalatown]

Hi I was refuse naturalisation on good character ground ffor not declearing a police caution that I honestly was
not aware of, I have no criminal record.

I honestly did not know of the caution the way it was put
to me eventually they got my signature.

I have being given reconsideration form I was also told
that is likely any future application will be refuse for ten
years.

I have call HO I do get different advice some will
say send in the reconsideration form and some
will emphasis on deception.

I have contact the police and I now know I have a caution for drink and diorder behaviour, no hard
done to anyone.

Please can any one advice on this matter being
so stressful, always being honest with home office
the caution was given in March 2013 I applied for naturalisation December 2014.

Thanks

[broken leg]

hoe long have u had ILR for?

[kabalatown]

Hi I was refuse naturalisation on good character ground ffor not declearing a police caution that I honestly was
not aware of, I have no criminal record.

I honestly did not know of the caution the way it was put
to me eventually they got my signature.

I have being given reconsideration form I was also told
that is likely any future application will be refuse for ten
years.

I have call HO I do get different advice some will
say send in the reconsideration form and some
will emphasis on deception.

I have contact the police and I now know I have a caution for drink and diorder behaviour, no hard
done to anyone.

Please can any one advice on this matter being
so stressful, always being honest with home office
the caution was given in March 2013 I applied for naturalisation December 2014.

Thanks

I hard my permanent residence ILR on 31 March 2011

[kabalatown]

hoe long have u had ILR for?

I had my ILR in March 31 2011, no previous caution or conviction.

[kabalatown]

hoe long have u had ILR for?

I had my ILR in March 31 2011, no previous caution or conviction.

I have being in the country since September 2004

[t123456789]

hoe long have u had ILR for?

I had my ILR in March 31 2011, no previous caution or conviction.

When were you cautioned?

Prior to 2008 the consequences of cautions were not properly explained (see here). In a reconsideration you could try argue that. If it was after that but more than 3 years ago, you'd need to argue that you were unaware and deception should not apply. You could argue that the caution was not relevant because more than 3 years had passed.

If the caution was in the last 3 years, you'd be ineligible anyway. You'd have to apply again after 3 years since the caution was given and write a cover letter explaining why it wasn't deception in the previous application.

[Lily83]

I was sent a refusal from the home office for my citizenship application and the letter says that I was refused on character ground and that I have entered to the UK illegally when I claimed asylum. I entered to the UK on 2007 with a visitor visa which was up and running from July 2007 till January 2008 I claimed an asylum and I was refused on August 2008 but went for an appeal and I was granted humanitarian protection instead. However when i finished my 5 limited leave o was given ILR on January 2013 and my first baby got the British passport later, now my second baby will have a British passport too obviously... But I can't get it until 2017. Called an lawyer for some advice initially he said no the home office has changed the rules but explained to him that I entered the UK legally and sent him a copy of my visa and the refusal and he said that sure the home has assessed my application wrong as you haven't enter the UK illegally and that I applied before my visa expired.
All I want to know here if I can send them a reconsideration form or not, also if my case is strong enough to fight for it? I am hesitating to send the form back myself without using a solicitor as I worry not getting it right.
Can you please help me and advise me on what to do.
Many thanks

[WeepNotChild]

Sorry about the refusal.
I think the Home Office argues that you got the visitors visa illegally. Still, a reconsideration is worth the effort.

[foufou]

I was sent a refusal from the home office for my citizenship application and the letter says that I was refused on character ground and that I have entered to the UK illegally when I claimed asylum. I entered to the UK on 2007 with a visitor visa which was up and running from July 2007 till January 2008 I claimed an asylum and I was refused on August 2008 but went for an appeal and I was granted humanitarian protection instead. However when i finished my 5 limited leave o was given ILR on January 2013 and my first baby got the British passport later, now my second baby will have a British passport too obviously... But I can't get it until 2017. Called an lawyer for some advice initially he said no the home office has changed the rules but explained to him that I entered the UK legally and sent him a copy of my visa and the refusal and he said that sure the home has assessed my application wrong as you haven't enter the UK illegally and that I applied before my visa expired.
All I want to know here if I can send them a reconsideration form or not, also if my case is strong enough to fight for it? I am hesitating to send the form back myself without using a solicitor as I worry not getting it right.
Can you please help me and advise me on what to do.
Many thanks

sorry to hear that mate , did you apply before December 2014 ? and what about your wife is she European ?

[giorgiozone]

Hi there,
Please I need some advice on my british citizenship application. Here is my story.
I had been illegal in the country before I eventually got my ILR in 2008 by way of 14 year long residence.
No criminal convictions or records.
I applied in November 2014 and got the acknowledgement letter about 3 weeks later.
I did not hear from the until last month.
The have not refused my application yet but they are asking me to provide documentary evidence of how I supported myself before I got ILR in Nov 2008 dating back to 1992 with a list of all the addresses I lived at and the names of all the people that lived at these addresses at the time (obviously it 's been a long time and I cannot remember everything).
However, I cannot provide these evidence because I destroyed them shortly after I got my ILR as I did not think I would need them again.
The dead line for providing the requested information has passed.
Please I was wondering if I could still write to them explaining why I cannot provide these documents. Please help. Any advice is much appreciated. Thanks.

[t123456789]

I was sent a refusal from the home office for my citizenship application and the letter says that I was refused on character ground and that I have entered to the UK illegally when I claimed asylum. I entered to the UK on 2007 with a visitor visa which was up and running from July 2007 till January 2008 I claimed an asylum and I was refused on August 2008 but went for an appeal and I was granted humanitarian protection instead. However when i finished my 5 limited leave o was given ILR on January 2013 and my first baby got the British passport later, now my second baby will have a British passport too obviously... But I can't get it until 2017. Called an lawyer for some advice initially he said no the home office has changed the rules but explained to him that I entered the UK legally and sent him a copy of my visa and the refusal and he said that sure the home has assessed my application wrong as you haven't enter the UK illegally and that I applied before my visa expired.
All I want to know here if I can send them a reconsideration form or not, also if my case is strong enough to fight for it? I am hesitating to send the form back myself without using a solicitor as I worry not getting it right.
Can you please help me and advise me on what to do.
Many thanks

Just to be clear, you had a valid visa which you used to enter the UK and you applied for asylum before it expired? Did you always make your appeals in time? If so, it sounds like a mistake and you could apply for reconsideration. If you still have the passport with the visa you should include a certified copy of the visa and the accompanying stamp as evidence that you were in the UK legally at the time. Basically you want to say you entered the UK legally and have made in-time applications for leave to remain, here's the evidence and the rules aren't there to punish asylum seekers. Also take a look through this thread.

[t123456789]

Hi there,
Please I need some advice on my british citizenship application. Here is my story.
I had been illegal in the country before I eventually got my ILR in 2008 by way of 14 year long residence.
No criminal convictions or records.
I applied in November 2014 and got the acknowledgement letter about 3 weeks later.
I did not hear from the until last month.
The have not refused my application yet but they are asking me to provide documentary evidence of how I supported myself before I got ILR in Nov 2008 dating back to 1992 with a list of all the addresses I lived at and the names of all the people that lived at these addresses at the time (obviously it 's been a long time and I cannot remember everything).
However, I cannot provide these evidence because I destroyed them shortly after I got my ILR as I did not think I would need them again.
The dead line for providing the requested information has passed.
Please I was wondering if I could still write to them explaining why I cannot provide these documents. Please help. Any advice is much appreciated. Thanks.

Probably a bit late now Best you can do is write what you know and explain that you no longer have the documents. Not answering at all isn't going to help your cause. They'll just decide your application on what they currently have.

When did you first try to legalise your stay in the UK, your 1st application date? I assume you applied for your longstay visa prior to Nov 2008 if you've been here since 1992.

[Pay]

Guys need help

I am due to apply for naturalization

I have 3 issue

1. PND for shoplifting 10 years ago never declared on any applications not even ILR it was 8 years old and not conviction I thought they asking only for convection or something you gone to court for , it was paid and not been refereed to court . It comes up on PNC under non convection .

2. Having small amount of cannabis with me 4 years ago given formal warning - wasn't taken to police station and it does not come up on PNC but it comes up on local police , didn't mention on ILR and at the time was over 24 months .

3. Fixed Penalty Notice last year only 1 , 3 points and paid it and was not refereed to court again . on counter part it says FPN .

now for naturalization I would declare all of them but as non are convection under what section should I mention ?

also by not mentioning at the time of ILR ( did not have any effect on decision ) would it be considered deception ? I did not think I would have to mention it as it was only asking for conviction .

can someone please help , I am having no sleep for a while and would appreciate if could help .

whats the likelihood of success on naturalization . I have been here 14 years , lawful residency

Many Thanks

[khani]

Hi Please someone inform me, If I withdraw my BC application, would it effect when I apply again?? do they keep the record of withdrew application and refer to it future application. thanks

[mojo78]

Hi,

Do I need to declare police arrest, dna and fingerprints were taken, even though charges were dropped, on police discharge letter it says "no further action"?

Thank you

[t123456789]

Hi,

Do I need to declare police arrest, dna and fingerprints were taken, even though charges were dropped, on police discharge letter it says "no further action"?

Thank you

No, only convictions.

[mojo78]

Hi,

Do I need to declare police arrest, dna and fingerprints were taken, even though charges were dropped, on police discharge letter it says "no further action"?

Thank you

No, only convictions.

Thank you

[Significant]

Hello, I am really worried about my Naturalization application and would be extremely grateful for your advice on the following matter.
A) I have parking fine from the Parking Contravention (asked to pay to online: http://www.ce-service.co.uk, or by post: Civil Enforcement Ltd, Liverpool) £60 and then become £100, (I paid the £100 with 14 days).
B) I have not paid the council tax for my accommodation for one year, received a letter from (Rossendales limited) on behalf of council (letter said client council) and cleared all the dues with council and collecting agency.
C) Once I have been questioned, when I came out from a shopping mall by a police lady, was standing next to my car– I took pictures of the shopping mall because it was newly build. The police lady said they receive a call from mall security team, that this guy took pictures of the mall. She asked if you don’t mind can I check the pictures you took , I showed her my camera and said it is just for tourism purpose since I came the visit this city, she said it’s fine no problem I can seen you are visiting this city and whole day you are taking picture including you and your family. She just asked my name, DOB, what do I do (working in a university), home address, contact number, I asked do I needed to be concerned she said no, I am taking these detail as if my manger ask I will tell her everything was fine and I have spoken to you.

All the three points happened in last 12 months (none of these point was declared on my AN form). I have applied for naturalization on the 19th January 2015 (2 years work permit+ 3 years Tier 1 + ILR), received acknowledgment and money has been taken in the same month, I am still waiting going to be six months soon.

Amber could you please share your thoughts & comments, are these things, may have cause the delay and could lead to refusal, I would be really grateful for comments & thoughts on this and by senior member and Gurus.

Many thanks.

[Significant]

Coincidence do occur, got the letter today, here is my story, may be beneficial for other applicants.

Applied on 19th January 2015, at Middlesbrough Council - NCS, payment debited on 25th January 2015, acknowledgment letter dated (26th January 2015), received on 30th January 2015. Approval letter received on 13th July 2015 dated as 30th June 2015.

Hello, I am really worried about my Naturalization application and would be extremely grateful for your advice on the following matter.
A) I have parking fine from the Parking Contravention (asked to pay to online: http://www.ce-service.co.uk, or by post: Civil Enforcement Ltd, Liverpool) £60 and then become £100, (I paid the £100 with 14 days).
B) I have not paid the council tax for my accommodation for one year, received a letter from (Rossendales limited) on behalf of council (letter said client council) and cleared all the dues with council and collecting agency.
C) Once I have been questioned, when I came out from a shopping mall by a police lady, was standing next to my car– I took pictures of the shopping mall because it was newly build. The police lady said they receive a call from mall security team, that this guy took pictures of the mall. She asked if you don’t mind can I check the pictures you took , I showed her my camera and said it is just for tourism purpose since I came the visit this city, she said it’s fine no problem I can seen you are visiting this city and whole day you are taking picture including you and your family. She just asked my name, DOB, what do I do (working in a university), home address, contact number, I asked do I needed to be concerned she said no, I am taking these detail as if my manger ask I will tell her everything was fine and I have spoken to you.

All the three points happened in last 12 months (none of these point was declared on my AN form). I have applied for naturalization on the 19th January 2015 (2 years work permit+ 3 years Tier 1 + ILR), received acknowledgment and money has been taken in the same month, I am still waiting going to be six months soon.

Amber could you please share your thoughts & comments, are these things, may have cause the delay and could lead to refusal, I would be really grateful for comments & thoughts on this and by senior member and Gurus.

Many thanks.

[rakib]

HI

PLEASE ADVICE. Q 3.5 3.5 SAYS IF YOUR ANSWER IS YES GIVE DETAILS BELOW IF NO GOTO Q 3.6, WHERE 3.6 IS TO GIVE ALL THE DETAILS??
THANKS

[Insomnia]

HI

PLEASE ADVICE. Q 3.5 3.5 SAYS IF YOUR ANSWER IS YES GIVE DETAILS BELOW IF NO GOTO Q 3.6, WHERE 3.6 IS TO GIVE ALL THE DETAILS??
THANKS

That's a mistake in forms. If you answered NO. Ignore 3.6

[Simroz]

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??