Should I apply or should I wait?

[mik323]

Hi there, I need some advice, I am a 20 year old male and an EEA national who has been living in the UK for the last 11 years and I would like to obtain a British citizenship. However, I been hanging out with the wrong crowd in the past and I have been given a non-custodial sentence 3 years ago, and quite serious one too - attempted robbery , I've turned my life around since and now I am really annoyed on my self of what I've done in the past, I wish I could change things that I've done. Anyway, as 3 years will pass from the date of the conviction this September I am not quite sure should I apply or should I wait, does anyone have any advice?

[CR001]

Before you think of applying (which can be refused on good character grounds), you need to hold a document certifying permanent residence as this needs to be submitted with your citizenship application.

[noajthan]

Hi there, I need some advice, I am a 20 year old male and an EEA national who has been living in the UK for the last 11 years and I would like to obtain a British citizenship. However, I been hanging out with the wrong crowd in the past and I have been given a non-custodial sentence 3 years ago, and quite serious one too - attempted robbery , I've turned my life around since and now I am really annoyed on my self of what I've done in the past, I wish I could change things that I've done. Anyway, as 3 years will pass from the date of the conviction this September I am not quite sure should I apply or should I wait, does anyone have any advice?

You can get a steer on how a caseworker will weigh up and assess your case from the HO guidance here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- note appropriate sections on notoriety, gang association & etc.

[mik323]

I had a look on that link you sent me about how the caseworker will weigh up and assess my case. However, I am still not quite sure what my chances are. I know that a non-custodial sentence means that I will be refused if the conviction occurred in the last 3 years. Therefore, the third year will pass this September . In addition, that is the only criminal record that I've got and also I was 17 when I committed the crime however, I was convinced when I was 18, it literally happened month before my 18th birthday.

Anyway, if I am going to apply this September and I will be refused, how long will I have to wait to re-apply? and will I lose all the fees?

Furthermore, I found a "Immigration application checking service" that costs £250 is that worth doing before applying and does anyone know how accurate is this service?

[CR001]

Furthermore, I found a "Immigration application checking service" that costs £250 is that worth doing before applying and does anyone know how accurate is this service?

We are unable to comment on 'agency service and fees' that are around and available. The NCS at the local council also facilitate applications for a small fee.

Yes you lose the fee if your application is refused.

Please answer my question regarding a document certifying PR. This is important as if you don't have one, you will need this before you can even think of applying for citizenship.

[mik323]

No I don't have the permanent residence document, I didn't even know I need one, I thought that the Life in the UK test and English language test is all I need to apply. Right in that case I better apply for the permanent residence then. Thanks

[CR001]

The rule changed on 12th November 2015 and the requirement is now mandatory to submit the proof of PR document for citizenship applications.

[noajthan]

I had a look on that link you sent me about how the caseworker will weigh up and assess my case. However, I am still not quite sure what my chances are. I know that a non-custodial sentence means that I will be refused if the conviction occurred in the last 3 years. Therefore, the third year will pass this September . In addition, that is the only criminal record that I've got and also I was 17 when I committed the crime however, I was convinced when I was 18, it literally happened month before my 18th birthday.

Anyway, if I am going to apply this September and I will be refused, how long will I have to wait to re-apply? and will I lose all the fees?

Furthermore, I found a "Immigration application checking service" that costs £250 is that worth doing before applying and does anyone know how accurate is this service?

The starting point has to be 3 years since the offence.
You were a minor so it may or may not be put down to immaturity/stupidity/peer pressure/teenage high jinks or whatever.

Nooone here can really say how a caseworker will assess your case.
There are no hard and fast rules in this area - its a catch-all.
At the end of the day the decision is made on a balance of probabilities (as the document explains).

If refused I think its 10 years wait.
Yes all fees lost - its not a no-win, no-fee kind of process.

If looking at an advisory service make sure its accredited and licensed ie OISC licensed if not a lawyer.
(Why risk paying an unqualified practitioner £250 just to read your application back to you!).

You can also apply via NCS via your local council for a reasonable fee (around £50 or so).
NCS is not an advisory service but provides basic sanity-checking. They will make sure application meets the basic requirements (PR card, LITUK, English, residency, absences, referees, fee & etc etc).

Otherwise suggest look for a community law centre or migrant's advisory/support type of centre in your area.