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British Citizenship – Good Character Requirement FAQs

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

sgc
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Post by sgc » Mon Aug 12, 2013 10:13 pm

D4109125 wrote:
sgc wrote:
VR wrote:If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No
D4109125 wrote:If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.
:?
A police caution is not a conviction.
That's what I thought (that the UKBA still differentiates between the two despite the shared threshold) but I keep seeing different opinions (such as the above) and the UKBA isn't explicit about this, both factors which can fuel confusion.

Anyway, assuming that the info is supposed to go in 3.17 (I'm probably going to double-check), should 3.16 be checked Yes or No? Or indeed, what else should be done in any part of the app to technically confirm that police caution details are mentioned in that box? Because if nothing else, then based on what's said in the app, it doesn't seem certain that they'll take into account whatever's in the box.
Last edited by sgc on Mon Aug 12, 2013 10:14 pm, edited 1 time in total.

Amber
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Post by Amber » Mon Aug 12, 2013 10:14 pm

So long as you include it in the extra information box (page 13) there shouldn't be an issue. I envisage that the questions relating to criminality will be changing in the near future.
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sgc
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Post by sgc » Mon Aug 12, 2013 10:29 pm

D4109125 wrote:So long as you include it in the extra information box (page 13) there shouldn't be an issue. I envisage that the questions relating to criminality will be changing in the near future.
Oh, okay, so you meant p13, not 3.17. Thanks for clarifying.

ade2012
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TS10 Conviction 3 points in Dec 2010

Post by ade2012 » Thu Aug 15, 2013 12:28 am

Hi Amber,

I was convicted in Dec 2010 for not to stop at Traffic light (TS10) and got 3 point & 127 pound court fine.

I applied in 2011 for Citizenhsip but refused and case worker ask me to reapply in Dec 2015 when unspent conviction become spent.

My question is by the new rule can I apply in Dec 2013, which will cover the 3 years from the conviction date.

Thanks
Ade

Amber
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Re: TS10 Conviction 3 points in Dec 2010

Post by Amber » Thu Aug 15, 2013 6:40 am

ade2012 wrote:Hi Amber,

I was convicted in Dec 2010 for not to stop at Traffic light (TS10) and got 3 point & 127 pound court fine.

I applied in 2011 for Citizenhsip but refused and case worker ask me to reapply in Dec 2015 when unspent conviction become spent.

My question is by the new rule can I apply in Dec 2013, which will cover the 3 years from the conviction date.

Thanks
Ade
Yes, subject to no other offences.
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Hassan Butt
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Post by Hassan Butt » Fri Aug 16, 2013 8:46 pm

Can anybody guide if I had a fixed penalty notice and i paid all without going to court should I declare in naturalisation application or not.I also got 6 points on my provisional driving license.

Amber
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Post by Amber » Fri Aug 16, 2013 9:49 pm

You should include your paper counterpart if you still have points. If you've had 1 or less FPNs in the last 12 months with no court involvement, you should be ok.
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Hassan Butt
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6 points on provisional driving license

Post by Hassan Butt » Fri Aug 16, 2013 11:24 pm

FPN was there and declared in ILR but I got ILR .It was also declared about 6 points on provisional.FPN was in August 12 and was only one .
I do not have to mention about FPN because there was no court involvement.
Please explain a bit more if I do not have to mention FPN why I have to mention points on provisional ?

Amber
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Post by Amber » Fri Aug 16, 2013 11:28 pm

You should declare them both in the extra information box on form AN, as you've only had one FPN in the last 12 months and no court was involved for any of your points then it shouldn't cause an issue. I'm afraid the questions in the form and the guide is poorly written and organised but given the discretionary nature of nationality applications honesty and transparency is best.
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Hassan Butt
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Post by Hassan Butt » Fri Aug 16, 2013 11:31 pm

Thanks .Kindly send if there are more links about this scenario in immigration bord or any email address where advice can be taken .

facts
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Post by facts » Sat Aug 17, 2013 11:13 am

Hassan Butt wrote:Thanks .Kindly send if there are more links about this scenario in immigration bord or any email address where advice can be taken .
Have you tried 'Search' function above and read D4109125's signature?

h2000
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good conduct query

Post by h2000 » Mon Aug 19, 2013 3:49 pm

Hello, kindly advise me where I stand in applying for British citizenship with the new good character law if I got a non-custodial sentence for DRINK DRIVING. I was convicted on 08/09/2008 and got £40 fine and 20hrs working in a charity shop (community service). I also got 20 months disqualification but no points on license. The information on their guidance as compared to the website is very confusing as it does not state clearly where people with a combination of non-custodial sentence and drink driving stand. Kindly advise on my situation. your assistance in this would be highly appreciated.
Many thanks

Amber
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Re: good conduct query

Post by Amber » Mon Aug 19, 2013 3:56 pm

h2000 wrote:Hello, kindly advise me where I stand in applying for British citizenship with the new good character law if I got a non-custodial sentence for DRINK DRIVING. I was convicted on 08/09/2008 and got £40 fine and 20hrs working in a charity shop (community service). I also got 20 months disqualification but no points on license. The information on their guidance as compared to the website is very confusing as it does not state clearly where people with a combination of non-custodial sentence and drink driving stand. Kindly advise on my situation. your assistance in this would be highly appreciated.
Many thanks
Q2 - Non-custodial convictions

If you have been convicted for a non-custodial offence then your application will be refused for 3 years since the conviction was given. Thus, as more than 3 years has lapsed you should be fine.
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VR
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Read the FAQ

Post by VR » Mon Aug 19, 2013 3:56 pm

H2000,

You can apply as 3yrs has passed. If you go to the start of this thread it should be clear. Amber has taken great pains to put this up and covers every aspect of Good Character.
cheers
vr

h2000
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Post by h2000 » Mon Aug 19, 2013 4:06 pm

Truly grateful for the clarification and I must say, it is good news...be blessed!

liane25
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traffic offence

Post by liane25 » Mon Aug 26, 2013 6:38 pm

Hi everyone. My husband is about to apply for citizenship and what worries me is that he got a traffic offence which is FPN CU80(using mobile while driving). I wanted to know if it should be declared as it has been 3 years ago. If yes, does he needs to provide the paper counterpart of his driving license? I am afraid it will leave him no documents about driving as he needs to submit his driver's license as well as that was the document he presented when he took the Life in Uk test.
I hope you can give me some help with these questions. Thank you very much.

Amber
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Post by Amber » Mon Aug 26, 2013 7:16 pm

Was he summoned and convicted at Court or given an FPN by the Police? If he has points on the paper counterpart it should be included.

If you use the Nationality checking service then you can get all your documents straight back.
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liane25
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Post by liane25 » Mon Aug 26, 2013 7:36 pm

D4109125 wrote:Was he summoned and convicted at Court or given an FPN by the Police? If he has points on the paper counterpart it should be included.

If you use the Nationality checking service then you can get all your documents straight back.
Yes he was given FPN by police but still summoned in court as they were looking for his driving license( mistakenly submitted at the wrong place). So 3 years is enough then and won't have problem in applying for citizenship? I got scared when i read some article that offence would be 4 years on his paper counterpart.
Thank you for taking time to answer my query.

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Post by Amber » Mon Aug 26, 2013 10:14 pm

Not sure what you're on about re:mistake submitting but yes a non-custodial conviction will lapse after 3 years for the character requirement. He should tick yes to the conviction question and give details.

Include the paper counterpart, endorsements stay on your licence for 4-11 years depending on the offence but that's nothing to do with the time the conviction is lapsed or 'spent'.
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Sohaibuk123
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Post by Sohaibuk123 » Tue Aug 27, 2013 1:40 pm

I hav 8 points on my licence in 2010 because i was driving a car with no licence and insurance. Soon later few months i have my full uk licence and driving a car with insurance
My question is do i need to declare in form for apply bc

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Post by Amber » Tue Aug 27, 2013 1:48 pm

You should declare any convictions. When in 2010 were you convicted?
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Post by Sohaibuk123 » Tue Aug 27, 2013 2:00 pm

In march 2010 i was pulled off by police because car mot was expired. On that time i have only provisional licence just passed thoery test. Then i had i letter by police to accept or proceed in court so i accept and have 8 points. I was on student visa. In 2011 my marriage spouse has been approved without declaring this conviction. Later in this 2013 my ILR had approved too with declaring.
Now i am applying for bc

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Post by Amber » Tue Aug 27, 2013 4:16 pm

If you were asked to please guilty it was a summons and you have a conviction and it should be declared. It would not have been a bar for ILR as 24 months had passed.

When in 2010 were you convicted? So long as 3 years has lapsed since the conviction, your application should succeed on character and so long as you satisfy the other requirements you should be successful.
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Sohaibuk123
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Post by Sohaibuk123 » Tue Aug 27, 2013 5:07 pm

Thanks for your information amber... My only concern and woorried for declaring in form.I have aappoint with NCS next week. Still confused if i do declare what shell i write or shell ii shoudnt declare

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Post by Amber » Tue Aug 27, 2013 5:15 pm

If it was a conviction then indicate so on question 3.6
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