British Citizenship – Good Character Requirement FAQs

[Amber]

Have you read the FAQ at the beginning of this thread?

[Magik009]

Hi Amber,
Thanks for your prompt response, Yes I have read the FAQ but was unsure whether those requirements have changed since june 2013?

According to the FAQs I should be able to apply as I had FPN's more then a year ago, is that correct?

Thanks.

[Amber]

Yes.

[Magik009]

Thanks ever so much.

[itsahmedawan]

hi friends
i am willing to apply for British nationality but
i have conviction around 4-5 yrs before for using wrong tickt on london under ground but problem is i do not have any paper work for that conviction(lost),even i do not remeber exact year,month and i just do not what exact amount i paid as a fine so how can i declare my this conviction.(i do not have any thing,do not remeber any thing about that conviction)
i applied 3 times visas and my sloicistor told me that just forget this thing and all 3 times i got my visa including ILR as well.
answers will appreciate.
thnx

[Amber]

If you were convicted, that means the conviction took place at court, you can just ring your local magistrates court and ask them the details, if they do not know, you can submit a SA request to the HMCS and they will give you the details.

[itsahmedawan]

If you were convicted, that means the conviction took place at court, you can just ring your local magistrates court and ask them the details, if they do not know, you can submit a SA request to the HMCS and they will give you the details.

hi Amber
thnx for ur reply.
thnx alot.

[jahmadzai03]

Hi, I have been living in Uk sice Aug 2001. I was granted indifinite leave to remain in the UK. However in Aug 2008 I was given 12 months suspended prison and 120 hours of community service. In 2012 I was given police caution due to the accusation of theft. I would like to know am I eligible to apply Gorky brotish citizenship now. What kind of CRB check I need to do for that mean basic disclosure or should I get to my local area police station and ask them As I want to see my conviction spend or not.

Thanks
Jay

[jahmadzai03]

Ps the 12 month suspended prison and 120 hours of community driving was for dangerous driving offence and driving without insurance

[Amber]

Gorky?

You must wait until 3 years since you were issued a caution has lapsed. Particularly as you have additional criminal convictions. You will, nonetheless, still risk a refusal based on your criminal history. Please read the FAQ and the beginning of this thread.

[jahmadzai03]

Thanks you for the reply. I have asked the police forum page they told me that police caution will stay for three months not three years. And the driving offence in Aug 2008 is already been spent so how come I have to wait for three more years. Please need ur guidance in this matter

[vinny]

Good character and applications for citizenship > Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin)

[Amber]

That case Vinny, refers, I believe, to a decision for citizenship made before December 2012. At that time, the 1974 Act was applicable. Unfortunately, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 effectively states that rehabilitation periods are now ineffectual for immigration and nationality applications. Section 140 has this affect.

The current guidance is much more direct in its application of an exceptional grant. Particularly as it no longer refers to the fine. In fact, the reference is now 'strong countervailing factors, and a test of proportionality. Things that could arguably address the issues raised in Hiri subject to fresh Judicial Review. Therefore, the case is unlikely to be as supportive as free movement suggests.

[Amber]

jahmadzai03, what are you on about? Rehabilitation time periods are not applicable for nationality applications, your caution will be a bar for 3 years. I believe, you've blown an earlier exceptional grant by having a past record I'm afraid. Unless the police forum are aware of section s140 of the 2012 Act, there advice is meaningless.

Moreover, you should ask the 'police forum' where they have plucked 3 months from and what that relates to.

[jahmadzai03]

Q562 / What is a caution and how long does it last?
Answer
A caution is a formal warning that is given to a person who has admitted the offence. If the person refuses the caution then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction (as only the Courts can convict someone) it can be taken into consideration by the Courts if the person is convicted of a further offence.
Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately (apart from conditional cautions which will become spent after 3 months). Unless applying for particular types of work (see below), a person who has spent cautions does not have to disclose them to prospective employers, and employers cannot refuse to employ someone on the basis of spent convictions.
However, when applying for particular types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care, and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you may need need to disclose your caution , and it may be disclosed on your DBS criminal records check. See Q89 for further guidance on whether your caution will be disclosed.
Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to the Chief Constable of the force concerned.

[Amber]

Why have you posted that? It has no relevance here. I think I've made the situation quite clear for you.

[jahmadzai03]

Thanks Amber for ur guidance

So can I apply for British citizenship or not?

Kind regards.

[Amber]

IMHO not until 2015.

[Kust84]

Hi Amber I hope you can give some advice on my issue .
I'm a bit confuse regarding a good character situation, I will explain.
I came to UK in 2008 and my wife and my daughter
joined me later that year, in 2009 January I ask for HB on my local authority and when they accepted they suggested me, that I could a ask for tax credits as well. at the time my English was really poor and I ask to someone to translate the papers for me as well as fill the forms, so that person did it everything for me I just sing and send off.
In November the same year I moved house in addition I had to provide all the papers again and at the time the lady at the desk ask me if I receive tax credits, I said yes and provided all the letters.
Then the my local authority send me a letter saying that I need to go an interview, I did not suspected anything as in my head everything was ok. When I went there I realised that I have failed to provide change of circumstances, I plead that I didn't know and explained everything ,they understand my position and the amount overpaid was not too much , they said the have to give me a caution as this is part of the process. I accepted, and on February they give the caution, when they give me this caution the gentleman said it's not a big deal but if I apply for a job at the authority I should mention this and tell them to contact him, he will say the story and would be a problem.
Another thing is in August 2013 I was caught speeding on zone 30 at 37 and I went to a speed awareness course in consequence.
Now me and my family (wife and 2 children's) would like to apply for citizenship, but I not shore if I can go ahead with this because these issues.
Thank you very much for your time reading this.

[Kust84]

Hi Amber I hope you can give some advice on my issue .
I'm a bit confuse regarding a good character situation, I will explain.
I came to UK in 2008 and my wife and my daughter
joined me later that year, in 2009 January I ask for HB on my local authority and when they accepted they suggested me, that I could a ask for tax credits as well. at the time my English was really poor and I ask to someone to translate the papers for me as well as fill the forms, so that person did it everything for me I just sing and send off.
In November the same year I moved house in addition I had to provide all the papers again and at the time the lady at the desk ask me if I receive tax credits, I said yes and provided all the letters.
Then the my local authority send me a letter saying that I need to go an interview, I did not suspected anything as in my head everything was ok. When I went there I realised that I have failed to provide change of circumstances, I plead that I didn't know and explained everything ,they understand my position and the amount overpaid was not too much , they said the have to give me a caution as this is part of the process. I accepted, and on February they give the caution, when they give me this caution the gentleman said it's not a big deal but if I apply for a job at the authority I should mention this and tell them to contact him, he will say the story and would be a problem.
Another thing is in August 2013 I was caught speeding on zone 30 at 37 and I went to a speed awareness course in consequence.
Now me and my family (wife and 2 children's) would like to apply for citizenship, but I not shore if I can go ahead with this because these issues.
Thank you very much for your time reading this.

Hi again anyone cam help me with my questions? thanks .

[newbie_t]

Hi,

I have a SP 30 traffic offence conviction dated 31-10-2008 by court (as I was on an International Driving License), FPN of 3 points and £60 couldn't be applied and the case had to be heard by court.

Its been more than 5 years and I hope I can apply for naturalisation now. In the AN form should I declare this under criminal conviction or civil judgement please ?

Thanks,
Kayen

[starship]

hey

just a quick question.

in august 2009 i was 19 and it happened that i was caught driving without a licence and handed a IN10 conviction coupled with a fpn of £200. fine was paid on time and conviction wasn't disputed.

onto the reason why i did this... basically my dad at the time was pushing me hard to get a license and as a teen i wasn't bothered so he had his friend ( who is a british citizen- scottish) teach me to drive. his reasoning was anyone who had been driving in the uk for more than three years could teach a novice how to drive. the subject of insurance was never brought up so hence i was stopped with both my dad and his friend on board and the rest is history.

additionally, i was handed a fpn in 2012 for running through a red light with my bicycle. £30 fine was duly paid and the issue was forgotten.

i realize the HO say that fpn notices are not a factor unless multiple amounts have been accumulated within a short space of time and also that an IN10 only stays active for 4 years ( which in my case has been spent ).

so my question is, now that i've applied for naturalisation and currently have my application being processed, should i be concerned by my past indiscretions above working against me? i live in scotland and have held my indefinate leave to remain since 2007.

warm regards

[Amber]

This issue Kust84, is whether your caution needs to be declared. If so, then as 3 years has lapsed it should not pose an issue. It may be beneficial to declare the caution regardless as to prevent a deception allegation.

The speed awareness course is not relevant and doesn't need to be declared.

[Amber]

newbie_t, as 3 years has lapsed you should be ok. It must be declared as a criminal conviction.

[Amber]

starship, you should be fine.