British Citizenship – Good Character Requirement FAQs

[Amber]

So far as that person did not accept a caution or reprimand and was not given an official warning, then that person would be ok.

[ryan1512lon]

Sorted thanks!

[Amber]

Yes you should have waited. If you are refused ask for a reconsideration (£80) stating that the conviction has now lapsed. However, they should, ideally, use their discretion and allow the application as at the time of decision the conviction will have lapsed. I assume you declared it.

[ryan1512lon]

Yes you should have waited. If you are refused ask for a reconsideration (£80) stating that the conviction has now lapsed. However, they should, ideally, use their discretion and allow the application as at the time of decision the conviction will have lapsed. I assume you declared it.

Hi thanks for your quick answer, that's very unfortunate...

Yes I did declare it, I'd rather be honest and upfront.

Can I just ask? My case hasn't been allocated yet as of today nor the fee taken. Does that mean that the conviction has lapsed, say if someone deals with my case today? Or is it from the day that I sent my application?

[Amber]

They should deal with it when it is considered, technically the date of application is the day they receive the application.

[ryan1512lon]

They should deal with it when it is considered, technically the date of application is the day they receive the application.

Thank you for your answer. I'll just wait, that's a silly mistake, also will the fact, that I have 2 boys both British, help at all?

[Amber]

Immaterial. However, under new discretion you should be ok anyone with one single non-custodial sentence.

[ryan1512lon]

Immaterial. However, under new discretion you should be ok anyone with one single non-custodial sentence.

Thanks a million for your answers, fingers crossed I will let you know the outcome...

[Amber]

Say one had a run-in with the law in the last 12 months while on a night out and one was deemed to be too "tired" to walk on the street and cordially invited to spend an evening in a concrete room to "sleep it off", would this be an obstacle even if one was told the next day that after payment of a fine this was not a recordable offence and does not need to be declared?

I assume this was a PND, if so, as long as you have no more than one in the 12 months preceding your application, you should be ok. There should be no need to declare a single PND.

[MattSule]

Is the following multiple sentences? A person was convicted of 2 counts of common assault and was sentenced with a supervision order, court cost and conpensation order...

[Amber]

It is one sentence, but in one sentence, a person can have multiple convictions for different offences that may run concurrently or consecutively.

[MattSule]

It is one sentence, but in one sentence, a person can have multiple convictions for different offences that may run concurrently or consecutively.

And what the HO uses in section 3.8 is the number of sentences even if they are in one conviction. Is that a right assumption?

[Amber]

Indeed, the Cumulative effect could consider for example, where an applicant has admitted to numerous offences and asked the Court to consider all the admissions during sentencing. The higher the number of offences the more likely it is the application will be refused even where 3 years has lapsed.

[MattSule]

Indeed, the Cumulative effect could consider for example, where an applicant has admitted to numerous offences and asked the Court to consider all the admissions during sentencing. The higher the number of offences the more likely it is the application will be refused even where 3 years has lapsed.

Interesting... There is no harm in trying

[Amber]

It would be unlikely that your conviction on it's own would be grounds for refusal after it has lapsed so long as the other aspects of your application were without issue. If for example, there were aggravating factors, e.g. the assault was against a vulnerable individual, that could be a different story.

[MattSule]

It would be unlikely that your conviction on it's own would be grounds for refusal after it has lapsed so long as the other aspects of your application were without issue. If for example, there were aggravating factors, e.g. the assault was against a vulnerable individual, that could be a different story.

It was in an acrimonious marriage - domestic issue

[Amber]

I was thinking a child or vulnerable adult:

A vulnerable adult is someone aged 18 or over:

Who is, or may be, in need of community services due to age, illness or a mental or physical disability
Who is, or may be, unable to take cae of himself/herself, or unable to protect himself/herself against significant harm or exploitation
(Definition from the Department of Health 2002)

[MattSule]

I was thinking a child or vulnerable adult:

A vulnerable adult is someone aged 18 or over:

Who is, or may be, in need of community services due to age, illness or a mental or physical disability
Who is, or may be, unable to take cae of himself/herself, or unable to protect himself/herself against significant harm or exploitation
(Definition from the Department of Health 2002)

It was my ex and she not vulnerable

[Amber]

Then you should be ok.

[MattSule]

Then you should be ok.

I hope so, many thanks for the advice

[MattSule]

Then you should be ok.

Sent you a private message!

[sgc]

I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].

Just saw this. Good change!

[elthamman]

i read in a booklet today that if you have numerous convictions it's not good , there's nothing there about last 12 months , has it changed then? i have 3 x 3 points , only one of them in last 12 months , so can i apply?

[Uk86]

Hi, I'd really appreciate if you can help.

I am 27 years old.
Have one "spent" criminal convection drink and driving back in 2008
Driving without insurance back in 2007 which I was given 6 points and £100 fine.
I was given a simple caution based on harassment without violence 18 month a go.

I know it has to be 3 years before I can apply but I have read somewhere if it's no serious I can apply whiting the first 2 years of 3 i.e after the 12 month.

I have been in the U.K. for 12 years now also have a BA degree and have been paying tax but unfortunately been unemployed for the last 20 days.

My concern is my caution.

Thank you

[Amber]

Given your previous history it may be wise to wait until 3 years has lapsed.