British Citizenship – Good Character Requirement FAQs

[royh]

Cautions------------------NO
Warnings-----------------NO
Raprimands--------------NO
Arrests-------------------NO
PCN(Penalty charge notice)---------------NO
FPN(Fixed Penalty Notice)-----------------NO

I never knew these are requirements to be filled in. So you have to state if you where searched by Police or received a warning/caution and does paying a public transport fine or overdraft bank fees count as a penalty/charge notice?

What if you where arrested as a teen over 10 years ago, do you have to give details of that?

Is there a way to check for what information they have on you, including dates you where searched and so on.

I have read the FAQ but still the answers to the question in this post remain vague to me (because I'm paranoid perhaps).

[navalaviator]

Sorry to ask, but it's a simple question so hopefully it won't derail the thread or anything:

Cautions------------------NO
Warnings-----------------NO
Raprimands--------------NO
Arrests-------------------NO
PCN(Penalty charge notice)---------------NO
FPN(Fixed Penalty Notice)-----------------NO

I never knew these are requirements to be filled in. So you have to state if you where searched by Police, received a warning/caution but was never charged and does paying a public transport fine or overdraft bank fees count as a penalty/charge notice?

What if you where arrested as a teen over 10 years ago, do you have to give details of that? Is there a way to check for what information they have on you, including dates you where searched and so on.

Yes you can apply for Subject access report which costs only £10 and the report can reveal what information they have about you on PNC (Police National Computer)


Fill in the application form AN according to your criminal history(PNC check would reveal everything) as it asks for convictions cautions and ongoing or pending inquiries and charges etc.
Read the good character guide along with guide AN before filling your form.

does paying a public transport fine

Depends if you went to court for it then its a conviction and you need to read the new good character guide at ukba site.

[Tuvoc]

Cautions------------------NO
Warnings-----------------NO
Raprimands--------------NO
Arrests-------------------NO
PCN(Penalty charge notice)---------------NO
FPN(Fixed Penalty Notice)-----------------NO

I never knew these are requirements to be filled in.

It is a new requirement on the Sept 2013 forms, although the actual change in the law came in before that.

[Derivaz]

Cautions------------------NO
Warnings-----------------NO
Raprimands--------------NO
Arrests-------------------NO
PCN(Penalty charge notice)---------------NO
FPN(Fixed Penalty Notice)-----------------NO

I never knew these are requirements to be filled in. So you have to state if you where searched by Police or received a warning/caution and does paying a public transport fine or overdraft bank fees count as a penalty/charge notice?

What if you where arrested as a teen over 10 years ago, do you have to give details of that?

Is there a way to check for what information they have on you, including dates you where searched and so on.

I have read the FAQ but still the answers to the question in this post remain vague to me (because I'm paranoid perhaps).

I think you have to report convictions, but not Fixed Penalty Notices; the difference is that convictions are issued by a court and FPNs aren't, so if for instance you get a speeding ticket issued on the spot by the police, then it's a FPN, but if it goes through court, it's a conviction and you have to declare it

[royh]

Thanks I will ask for a Subject Access Report/Request. So that will include everything including dates of simple searches?

Was walking down the street and was searched by Police about 5 years ago which led nowhere. Policeman said it will go on record that I was searched.

Had a public transport fine over 10 years ago, was not contested in court just paid it, but don't remember the dates. Will I have to include that?

As a teen I stole a comic book over 15 years ago, was told "it" would eventually be removed from the system if I didn't do anything else. Would be interesting to know for sure :0)

That's the only things I can think of.

I notice for the SAB of PNC there are two applications you can choose from, each with their own fees:

http://content.met.police.uk/Article/Ma ... 0005855548

"
Application 1. Access to Information held by the MPS on the Police National Computer [PNC] - You should use this form if you need a check to be made against your conviction history records. This will include court convictions, police cautions/warnings, reprimands and Penalty Notice for Disorder [PND].
"

and another one:

"
Application 2. Access to information about yourself, held by the MPS on MPS databases; i.e. Crime Reports.
"

So I should spend £20 for both of them just be sure to know what they have on me?

[Derivaz]

Thanks I will ask for a Subject Access Report/Request. So that will include everything including dates of simple searches?

Was walking down the street and was searched by Police about 5 years ago which led nowhere. Policeman said it will go on record that I was searched.

Had a public transport fine over 10 years ago, was not contested in court just paid it, but don't remember the dates. Will I have to include that?

As a teen I stole a comic book over 15 years ago, was told "it" would eventually be removed from the system if I didn't do anything else. Would be interesting to know for sure :0)

That's the only things I can think of.

I notice for the SAB of PNC there are two applications you can choose from, each with their own fees:

http://content.met.police.uk/Article/Ma ... 0005855548

"
Application 1. Access to Information held by the MPS on the Police National Computer [PNC] - You should use this form if you need a check to be made against your conviction history records. This will include court convictions, police cautions/warnings, reprimands and Penalty Notice for Disorder [PND].
"

and another one:

"
Application 2. Access to information about yourself, held by the MPS on MPS databases; i.e. Crime Reports.
"

So I should spend £20 for both of them just be sure to know what they have on me?

I'm not sure how the SAR works, I've never requested any, because I've never received any fine, caution, conviction, etc... but if you are going to request it, go for both; if it's only £10 more for the 2nd one, it's worth it, at the end of the day, whats a tenner compared to the peace of mind of being sure that you have no criminal record at all?

My guess is that: 1) the police search doesn't have to be declared, you didn't do anything wrong there; it's just a search, if they didn't find anything illegal on you, you didn't break any law 2) the public transport fine sounds like FPN, so I don't think you have to declare it 3) stealing a comic if it went through court is a conviction, but since it's longer than 3 years ago, it's spent and it shouldn't affect your application; however, if it's a conviction, you have to declare it.

[wf1030]

hi, I'm about to apply BC and planning to sent out the Form AN before 28.10.2013.

I've received a certificate of caution issued by the Local Authority on 2.5.2013 for the purpose of obtaining visitors scratch cards then sold on. I only to my friend a favor by using my home address to obtaining the scratch cards and its just a one off thing. On the caution it stated that I made a false representation to the Local Authority Parking Section contrary to Section 2 of the Fraud Act 2006.

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

[Derivaz]

hi, I'm about to apply BC and planning to sent out the Form AN before 28.10.2013.

I've received a certificate of caution issued by the Local Authority on 2.5.2013 for the purpose of obtaining visitors scratch cards then sold on. I only to my friend a favor by using my home address to obtaining the scratch cards and its just a one off thing. On the caution it stated that I made a false representation to the Local Authority Parking Section contrary to Section 2 of the Fraud Act 2006.

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

Mate, you let your pal use your home address to sell cards illegally? why would you do that???

I don't know what type of cards you are referring to, but if that caution was sent by a court, it's a conviction and you get a 3 year ban; so your application will be refused

[wf1030]

I let my friend using my home address to apply for a parking scratch cards, Local Authority find out that he's not living on that address and issued me a caution.

The certificate of caution was not sent by court but by authority Investigations Team. On the statement mention that : I consent to being cautioned and understand that this caution may be cited in court should I be prosecuted in the future by the Local Authority for a further offence.

[Amber]

A simple caution is never issued by a court, it's an out of court disposal where the offender admits guilt. A simple caution is a bar for 3 years. Your task is to find out whether a local authority caution would be considered a simple caution.

Start by reading Simple Cautions for Adult Offenders (click) and the Good Character Guidance (click) at 3.3. I think that for this purpose a simple caution is one issued under the guidance of the police/CPS rather than the local authority, but I'll leave it for you to confirm. A brief word with a criminal lawyer would likely benefit you before admitting any guilt.

[VR]

Wf1030,

You will have to disclose this. Any conviction under this act involves Moral Turpitude and could be held against you on ''Good Character '', irrespective of the disposal.

As it is all out of court disposals including cautions have been bunched together and a 3 year clear period is needed before you can apply. I suggest you contact a good Immigration lawyer and take it from there. Go for a fixed fee consultation and after ascertaining their views and prospects proceed as appropriate.
cheers
vr

[Amber]

'Moral Turpitude' sounds very American, I think it's best to discover, if possible, what simple cautions are covered, whether it's just police issued ones or not.

[VR]

Dear Amber,

The reason I used the Yank Terminology is because any sentence under the Fraud Act is taken seriously irrespective of the disposal. In the use dishonesty, fraud etc fall in this category and you can be denied a visa even if you say you have a caution for it.
cheers
vr

[Derivaz]

I let my friend using my home address to apply for a parking scratch cards, Local Authority find out that he's not living on that address and issued me a caution.

The certificate of caution was not sent by court but by authority Investigations Team. On the statement mention that : I consent to being cautioned and understand that this caution may be cited in court should I be prosecuted in the future by the Local Authority for a further offence.

Ah OK, I get you know; to get a parking permit, but why did you do that? don't you know that's fraud???

it's not clear if it's a FPN or a conviction, but given the nature of the offence; I would think it's a conviction and if it isn't I'll be quite shocked....

I hope this is a learning lesson for you and don't do something like this again.

[Amber]

It doesn't come under the Fraud Act 2006 does it? Moreover, a caution is not a sentence as it doesn't involve the court.

A simple caution is certainly not a conviction.

[wf1030]

I went to local police station this morning, the officer confirm that the caution I received was not a simple nor conditional caution and will not record on PNC. He also said that I don't need to declare this caution to the HO(not too sure about this).

Thank you guys for your kind advice, much appreciated!

[neoseal]

Local authority cautions does not come under convictions, however, the caution letter itself states the fraud act 2006. This is only applicable should the local authority proceed with court case. Local authority cautions are used for council tax fraud, misuse of disable badge, misuse of parking permits and scratch cards, inappropriate rubbish disposal, littering etc.

Its not going to pop up on any police computers or crb. Upto you to disclose it or not.

[Derivaz]

Local authority cautions does not come under convictions, however, the caution letter itself states the fraud act 2006. This is only applicable should the local authority proceed with court case. Local authority cautions are used for council tax fraud, misuse of disable badge, misuse of parking permits and scratch cards, inappropriate rubbish disposal, littering etc.

Its not going to pop up on any police computers or crb. Upto you to disclose it or not.

interesting; I thought it was a lot more serious

[feliteodor]

Hi, guys.I have a bit of a dilemma.I have next week an NCS appointment, my application form all completed, except previous addresses part.In 2007 i was supposed to move to an address, so changed my bank details before moving out, but i moved to a different address in the end. Didn't change my bank details for several months until in 2008.If i put the address where i lived and not mention the other one where i had my bank details, could this affect my application?i don't know what i'm supposed to put at previous addresses...any ideas, guys?

[Derivaz]

Hi, guys.I have a bit of a dilemma.I have next week an NCS appointment, my application form all completed, except previous addresses part.In 2007 i was supposed to move to an address, so changed my bank details before moving out, but i moved to a different address in the end. Didn't change my bank details for several months until in 2008.If i put the address where i lived and not mention the other one where i had my bank details, could this affect my application?i don't know what i'm supposed to put at previous addresses...any ideas, guys?

That's a tricky one; they might check with your bank for something; put both and explain the situation....

[Amber]

Just put the correct addresses, unless you're supplying bank statement they would not see this.

[feliteodor]

Thanks mate for your advice. I won't send any bank statements, purely because I have plenty of bills for the other addresses, so it should be OK. I won't mention the other address, it will probably complicate things more. Besides, I already have an another issue with my 6 years of exercising treaty rights. Let's hope it all goes well when they check my application at UKBA.

[Derivaz]

Thanks mate for your advice. I won't send any bank statements, purely because I have plenty of bills for the other addresses, so it should be OK. I won't mention the other address, it will probably complicate things more. Besides, I already have an another issue with my 6 years of exercising treaty rights. Let's hope it all goes well when they check my application at UKBA.

I guess that will be fine; good luck

[feliteodor]

Thanks, Derivaz.let's hope so.as soon as i apply with NCS will post my timeline details here...and join you guys!until then, all the best luck for all those that applied already!

[Derivaz]

Thanks, Derivaz.let's hope so.as soon as i apply with NCS will post my timeline details here...and join you guys!until then, all the best luck for all those that applied already!

No probs; hope it goes well; I got my approval 10 days ago, and should have the ceremony next week; hope it goes smoothly haha