British Citizenship – Good Character Requirement FAQs

[Amber]

Hello everyone,

Just wondering if anyone knows whether an old, spent conditional discharge has to be declared??

Thanks

Yes, it does.

[velcro22]

Still wondering where it would actually fit in though.
3.1 Have you been convicted of any criminal offence in the UK or any other country?
Answer is no as by law a conditional discharge isn't a conviction unless the condition in the set order is breached during the specified period. And it wasn't...
3.5 Have you received any cautions (simple/conditional) warnings or reprimands in the UK or any other country?
Answer is no again as a conditional discharge surely doesn't have anything to do with these...

Bit confusing

[umt786]

Hi

I am due for my naturalization application next month. I have two queries which affects me under good character requirement and desperately needs an advice

I was convicted of drink driving offence more than three years ago and paid £650 and banned for driving 18 months. Ban was reduced to 14 months after I completed a rehab course. Applied for my ILR application (based on my PBS Tier 1 visa) an year ago and was successful.

Secondly, I was involved in a Loan scheme to receive my contract income tax efficiently in the first year of my contract employment more than five years ago. HMRC issued a Discovery assessment and demanded a payment of £12000 as under paid tax in 2013. Scheme promoters appealed against it. HMRC accepted their appeal and this £12000 status is (Currently suspended under appeal) and my self-assessment statement is showing nothing to pay. My accountants and lawyers are of the opinion that this tax is not due and ultimately HMRC will withdraw their demands or worst case we may go to a tribunal for a hearing but this won't be happening from their experience probably for at least 3 more years. Now as i am self-employed i will have to give them my Self-assessment statement with naturalization application which obviously shows £12000 suspended under appeal and nothing to pay.

I am not sure whether i am eligible to apply for naturalization under above circumstances. Can you please advise?

Thanks
Regards

[Amber]

The tax shouldn't be an issue whilst under appeal, insofar as a tax evasion prosecution is unlikely. If one is likely, then a decision of naturilisation would be stayed until such time as a verdict on the case was reached. Although, do bear in mind the caseworker does have the power to refuse the application, where your financial affairs were not in appropriate order. For example, you have failed to pay taxes for which you were liable.Thus, perhaps wait until the tax issue is resolved.

The driving ban will need to be declared but shouldn't be an issue as 3 years has lapsed.

[umt786]

Thank you very much for your quick reply.

Scheme I was involved in comes under tax avoidance not evasion as per my accountant. Will my application be put on hold for this very reason. As HMRC is not going to decide for another 3 years to come. Or HO will make a decision on current status of amount been suspended under appeal.

Regards

[Amber]

I would include a letter from your accountant stating what the situation is. If the caseworker believes you have paid taxes that you should have, then it shouldn't be an issue.

[umt786]

There is another thing. On my self-assessment I can see this £12000 from yr 2011 during that year I was not self employed but contracted as an employee of a company which offered that scheme for tax efficiency. And I am only been self employed/company director for past 4 years and I requested SA302 assessment from HMRC for last four years and SA302 assessment form shows nothing outstanding. Do I need to just supply HO with SA302 assessment form for the duration covering my Self Employment/ Company directorship ?

Regards

[zzzindagi]

Hi Amber,


In 2011 when i was moving home i forgot to pay my council tax bill on time. Later, i paid the amount on phone but did not realise that court summons cost has been added in to my due. Next day i received my Court Summon. I called Council and they said as i have paid the summons cost and the due, i dont have to do anything now. I did not attend the hearing. Do you think it can cause any problem or should i mention it or not?

Many Thanks

[Amber]

Still wondering where it would actually fit in though.
3.1 Have you been convicted of any criminal offence in the UK or any other country?
Answer is no as by law a conditional discharge isn't a conviction unless the condition in the set order is breached during the specified period. And it wasn't...
3.5 Have you received any cautions (simple/conditional) warnings or reprimands in the UK or any other country?
Answer is no again as a conditional discharge surely doesn't have anything to do with these...

Bit confusing

You have pleaded guilty or admitted an offence, so it can go under conviction or other reasons which may indicate....... Although, Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) stated ticking no was acceptable, you may just put in under conviction to avoid any unnecessary issues. You can always add a cover letter.

[Amber]

Hi Amber,


In 2011 when i was moving home i forgot to pay my council tax bill on time. Later, i paid the amount on phone but did not realise that court summons cost has been added in to my due. Next day i received my Court Summon. I called Council and they said as i have paid the summons cost and the due, i dont have to do anything now. I did not attend the hearing. Do you think it can cause any problem or should i mention it or not?

Many Thanks

If it's paid, shouldn't be an issues, a summons is neither a CCJ or conviction.

[Amber]

There is another thing. On my self-assessment I can see this £12000 from yr 2011 during that year I was not self employed but contracted as an employee of a company which offered that scheme for tax efficiency. And I am only been self employed/company director for past 4 years and I requested SA302 assessment from HMRC for last four years and SA302 assessment form shows nothing outstanding. Do I need to just supply HO with SA302 assessment form for the duration covering my Self Employment/ Company directorship ?

Regards

Yes.

[Siraj ud-Daulah]

Hi Amber,
I went to a college that was banned after I left and many students lost their visa and had to go court to prove innocence. In my case Home Office never contacted me. Can they still refuse citizenship for suspicion? Please suggest.

[velcro22]

Thanks Amber, but I didn't plead guilty nor admitted the offence , wondering if that makes a difference?

[Amber]

So you were found guilty then?

[Amber]

Hi Amber,
I went to a college that was banned after I left and many students lost their visa and had to go court to prove innocence. In my case Home Office never contacted me. Can they still refuse citizenship for suspicion? Please suggest.

No, they should not.

[Siraj ud-Daulah]

Hi Amber,
I went to a college that was banned after I left and many students lost their visa and had to go court to prove innocence. In my case Home Office never contacted me. Can they still refuse citizenship for suspicion? Please suggest.

No, they should not.

Thank you so much Amber!! God knows how much longer I've to wait...

[velcro22]

by Amber » Sat Jun 13, 2015 10:47 am
So you were found guilty then?

Yes, I was....

[Amber]

Then put it under conviction.

[jojo351]

I have been reading some cases regarding overstay/breaching immi laws in the forum.


My full case is here,

http://www.immigrationboards.com/britis ... l#p1201148

The problem was my first in time application was made and forgot to tick criminal section, by the time the incomplete pages was returned to me, I visa expired but it stated I have 28 days to complete the missing info and I did within 28days. However this time Home office demand for more document which they said it was not asked to provide. Eventually new leave to remain was granted. The whole process started 28 Sep 2007 and concluded on 6th Jan 2008.

As a consequence, my ILR application was turned down due to this overstay/gap but ILR was granted after requesting reconsideration under discretion, outcome was successful.

Having hold ILR for 12 month, I have applied my naturalisation.

So far I am worrying about such an overstay record, even it is accepted for ILR, does it looks similar to your case?

Strictly speaking, an overstay/gap that was accepted for ILR with discretion reconsideration has nothing to do with tightened Good character rule since Dec 2014?

I had a look of my solicitor'e letter, he requested discretion based on the ground that it was Home office's unlawful refusal made me an overstayer for under 28days. However, I cannot say, even with this successfully challenged (ILR was granted15 month ago), what would it be considered as in current naturalisation application ?

[tier2_cts]

Hi All,

I am planning to apply for citizenship next month, I was convicted with the driving offence on 16/07/2012.
Is it okay to apply on 16/07/2015 though NCS or should I have to apply on 17/07/2015?

[WeepNotChild]

You're worried about having to wait a day longer?

[Bc4indian]

Hi Amber,

Just wanted to cross check if a declaration is required or nor for my naturalisation.

Back in 2012 i've received a notice from Richmond magistrates court to pay a fine which I was completely unaware of upon inquiry they told me that TfL has pressed the charges agonist me for evading fare and a decision has been reached against me in absence on my old address.

I then challenged them with an statutory declaration requesting them to reopen the case which resulted in TfL withdrew their charges and later in the court sent me a withdrawal of offences notice.

So my question is do I have to still mention this in my naturalisation application when I applied for ILR in 2014 I did not mentioned it.

Any help in this will be appreciated.

Thanks

[rabirabi83]

Hi Amber,

Can you please explain that what is the difference between FPN and Civil Penalty. Does anyone needs to declare FPN on Naturalisation application?

Secondly, Is it a good idea to have CRB report, Credit Report from Experian and check the record with PNC database before apply for Naturalisation?

Third, The people who has done their Master degree from UK universities, would it compulsory for them to do any English language course after 5 November 2015?

Thank You.

[rabirabi83]

In naturalisation application

3.5 Have you received any cautions (simple or conditional), warnings or reprimands in the UK
or any other country?

What is meant by cautions (simple or conditional), warnings or reprimands. Does Fixed Penalty Notice comes under cautions (simple or conditional), warnings or reprimands?

Regards,

[anp]

Guys,

If you are worried / unsure about CCJs, you can check it for yourself at this website.... http://www.trustonline.org.uk It only costs £10 and it is accurate.

No point wasting £1005.