British Citizenship – Good Character Requirement FAQs

[Amber]

Write to them and declare it if you have any doubt.

[moment]

Hello,

A few months back I got stopped by a couple of police officers because I was riding a bicycle without any lights. He wrote down my name in his notebook but didn't give me a ticket. I never received any penalties or any letters. Do I need to mention this silly incident in my citizenship application?

thanks
moment

[Amber]

No

[bale541]

Hi guys
I got 3 point on my driving licence sp 30.
Do I need to tell this in my application ?
If yes then in which section ?
Please tell me in which section do I need to fill in.

[waqas.sabir]

I already send my application and I forgot to fill the tax reference will it be a reason to be refused

Hi I have submitted my application today and just realised that I forgot to mention tax reference, was wondering did home office contacted you to confirm?? what was the outcome of the application.

[Brokenlegs]

Good Evening All,
I am wondering if anyone can answer my question. I committed an criminal offence for drink driving in the year May 2010. For this offence I paid a fine and I was suspended form driving for a period 18 months. I will be eligible for applying PR in Sep 2016 and my question is whether I will be eligible for applying PR. My case comes under non-custodial conviction, can someone kindly let me know from when I should take the 3 years of lapse time to the account ? Is it from the date I got convicted or from the date after I spent the conviction?
Any advice is much appreciated.

[ryan.spiro]

First of all I'd just like to say thank you for a very good summary of the Good Character requirements.

I've sent an email to the Home Office (see detail below) outlining my case and I'd really appreciate your opinion on the subject:

My enquiry relates to a Naturalisation as a British Citizen application and specifically the Good Character requirement.
Where possible I’ve made reference to the Nationality Policy Guidance and Casework Instruction
Chapter 18, Annex D: The Good Character Requirement or Booklet AN Naturalisation Requirements (highlighted in red)

I used the Nationality Checking Service (NCS) and disclosed a 'Notice of fine and collection order' which I received from the North Surrey Magistrates' Court for the following offence - Excluded traffic on a special road - pedal cycle (Dated 20 Aug 2012). I disclosed this fine when I applied for my ILR without any issues and subsequently received my ILR.

Annex D has the following statement: ‘A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record.’ The NCS person suggested that this may apply to my offence but due to the minor nature / this is not a criminal conviction there is nothing recorded on my criminal record. As this is the case I would suggest that this offence does not fall into this category.

The Home Office guidance makes the following statement: 'We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects'. I would suggest that even if this offence requires consideration for this application, then it should fall into this category.

Annex D also has the following statement regarding exceptional grants: A non-custodial sentence which occurred within the first 2 years of the 3 (i.e. the person has had no offences within the last 12 months), there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. I have committed no other offences whatsoever, I’ve been completely transparent about this offence throughout the whole process, I’m a person of professional standing (Chartered Accountant) and considering the nature of the offence I would suggest that refusal on these grounds would be disproportionate.

Questions:
Is the Good Character Requirement for a British Citizenship application the same as that applied for ILR applications?
Please confirm my understanding, based on the evidence provided above, that this offence will not negatively effect the Good Character Requirement for my application?

Thanks in advance.

[Amber]

No there is no good character requirement for ILR instead there are the general grounds for refusal which, may be somewhat less restrictive. You appear to have a non custodial sentence. Therefore, your application should generally be refused for 3 years unless there are strong countervailing factors, in such case it may be allowed after 2 years.

[irina2206]

Hello everyone,

I am about to make my British Citizenship application.I will be very grateful if someone will help me with clarification on information to declare.

In September 2007 I was given a notice of fine/collection order from Highbury Corner Magistrate’s court in regards to the following offence ”attempt to travel on railway without pay”, which I’ve paid promptly. I did not disclose about the incident when I’ve applied for ILR in 2009 and had no problem.

The other issue was the claim for possession of property on the grounds of “serving notice to quit” which was heard in May 2010 in West London County Court. It was a technical way to end up an assured shorthold tenancy and I did not need to go to court.

Do I have to declare these two incidents to the HO for the purpose of Good Character requirements?

I will appreciate your advice.

Thanks

[Amber]

Any conviction, caution, civil penalty or CCJ should be declared.

[irina2206]

Thank you Amber.

I’ve just did not know how to go about the second issue? How do you classify it? CCJ?

Regards

[Amber]

Check Trust Online (click) and see if you have a CCJ registered against you.

[irina2206]

I've done it. It's came up with "NOTHING REGISTERED". Do you think I need to mention the second issue?
Thanks again.

[Amber]

I don't think there would be any harm.

[irina2206]

Thank you. I will declare both.

[Zac0]

Hi!

I recently applied for neutralisation on March 2014, after submitting my application I checked my credit check found
out I had outstanding CCJ against me. When I completed my
Application form I ticked I didn't have any CCJ, I have managed to settle the CCJ and Issued with certificate as prove, Just wondering what's my next step should I inform HMO? And send the prove? Please advice will highly appreciate.

[Amber]

Yes, send a letter to the Home Office and declare the CCJ and provide proof it's settled. Include the ref number you received on the acknowledgment letter and send 1st class recorded delivery keeping proof of postage.

[Kust84]

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.

Hi wf1030, I'm in more or less the same situation as you, can you tell me how your experience end up ? many thanks .

[mrgreen]

Hi Amber,

I'm filling out my UKM form now, and not sure what to do about a traffic offence I had over ten years ago. I can't remember exactly what the DVLA codes were, and of course they're not on my paper counterpart any more, so no help there! I remember I did have to go to the magistrate's court and pay a fine. Nothing shows up on my enhanced disclosure (and never has, for the past 8-9 years I've been having them done--I work in education), so that's no help either.

Do I declare this, and if so, how do I do it? Or how do I find out what the codes were? And what about parking tickets? I can't remember the last one I had, it was so long ago! I don't want to mess up something that should be so simple.

Thanks! N

[deepal_99]

Hi,

I have been going through the thread & notice that there is very valuable advise. So thanks all for your contributions.

I was wondering if someone could advise in my situation... I had a minor road traffic accident on 14/May/2013 with no personal injury involved. I reported this to my insurance company as per rules on 19/May/2013. Recently on 10/Apr/2014 - I have received a County Court Claim form for approx. £2000 for external Car hire by third party.

I promptly sent that to my insurance company. Within a week I have received email response from my insurance company that the Third party claim has now been settled. No action is required from my end.

My NCS for Naturalisation is booked for 9/May/2014. Please could you advise if this will account for non-Custodial conviction..?

Am I required to mention this in my application form..?

Thanks,
DS

[Amber]

It's not a conviction, it's tort, a civil remedy. You may need to declare the CCJ if in your name, even though it's a claim settled by your insurance company. Nonetheless, it should have no bearing on your application.

[deepal_99]

It's not a conviction, it's tort, a civil remedy. You may need to declare the CCJ if in your name, even though it's a claim settled by your insurance company. Nonetheless, it should have no bearing on your application.

Fine, I will mention this in additional notes. Will mark 'NO' for all sections 3.6 through to 3.19.
You are amazing... Thanks for your lightning fast reply.

[ariesfire]

Hello All,

Need your advice on a non-custodial offense query: An incident happened on 17th May 2011 where my partner was charged with Assault (common law) but the charges were dropped a few days later and following that a letter to state that a warning has been given not to repeat the offense in future. This warning letter has a date of 07th June 2011, which states that the warning is not a conviction and shall not be recorded as one.

I understand from the various threads that this warning should be highlighted when applying for British Citizenship and 3 years should have elapsed before applying for Naturalization.

My question is: should the date of Incident (17th May 2011) or the date of warning letter (07th June 2011) should be taken as the start date of the 3 year count? I understand that there is not much time lapse between the date of Incident and date of warning letter but this will have a impact on when I can apply for my partner's naturalization (as the rule of 5 years being in the country at the time of applying will come into picture).

Any advice on the start date of 3 year count will be helpful. Thanks in advance.

[Amber]

From the date of warning issued.

[jeeva]

Hi Amber,

Could you answer my queries on question no 20;

"Q20 - I did not pay my council tax will this lead to a refusal?"

1 - Is this concil tax for the property where I am living now or through out my residential period?
2- If this is through out all residential period - I used to live in shared accomodation where land lord or sub letter responsible for all the liabilities. Just I had to pay lum sum amount every month. In such case I am still responsible for the liabilities like council tax or could cause a problem for me?

Waiting for your kind response.