Character Check fail

[fazza16]

-arrived unaccompanied aged 13 ,(2002) claimed asylum and been here ever since , never held a passport before and never left UK ,I applied for BC in Feb 2016 and got my docs returned May2016, however I got arrested for Drink driving and pleaded guilty then HO caught wind and have recently sent me a letter asking me if it was me who was arrested and should send a copy from police or crown prosecution stating that that case has been drop. I cant get this now as I am guilty ,and have been banned already , what are my options now kind people as I have waited a long long time for this ? Just a silly mistake really at nearly the end of the journey thanks

[noajthan]

-arrived unaccompanied aged 13 ,(2002) claimed asylum and been here ever since , never held a passport before and never left UK ,I applied for BC in Feb 2016 and got my docs returned May2016, however I got arrested for Drink driving and pleaded guilty then HO caught wind and have recently sent me a letter asking me if it was me who was arrested and should send a copy from police or crown prosecution stating that that case has been drop. I cant get this now as I am guilty ,and have been banned already , what are my options now kind people as I have waited a long long time for this ? Just a silly mistake really at nearly the end of the journey thanks

It seems you have blown it. There's no appeal right.

You can get into the head of the caseworker who decided your case, here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

See sections 4.1, 4.2 - and section 8.

Depending on your conviction and sentence there may be a lifeline in section 8.3 if...

the failure to disclose was unintentional and concerned a one-off non-custodial sentence or out of court disposal

If this applies to you you could try for a reconsideration.
Otherwise you face a 10-year ban.

[hussainkothari]

I applied for BC in Feb 2016 and got my docs returned May2016, however I got arrested for Drink driving and pleaded guilty then HO caught wind and have recently sent

Did you get arrested for drink and drive after your docs returned in May 2016 with a decision?

[fazza16]

oh ok , damn it , its my first ever conviction and I got the letter afteri had been to court already. They are basically saying I should write to them saying the case was dropped , which wasn't...? should I bother replying ?

[noajthan]

oh ok , damn it , its my first ever conviction and I got the letter afteri had been to court already. They are basically saying I should write to them saying the case was dropped , which wasn't...? should I bother replying ?

You may also have been refused due to 'deception' - lack of notification; (see section 8 of above document).

As shown above, as per the discretion that may be possible (not guaranteed), your one chance seems to be to explain why you did not notify the authorities & that it was a one-off and out-of-character offence (if it was).
The outcome also depends on the sentence you received.

[fazza16]

thank you , yes thats what I was thinking of doing , I received 12months -9months (D.Drive Rehab) and 190 fine , and havent had any problems before with the law , so its possible to write and explain and hope for the best correct?

[noajthan]

thank you , yes thats what I was thinking of doing , I received 12months -9months (D.Drive Rehab) and 190 fine , and havent had any problems before with the law , so its possible to write and explain and hope for the best correct?

That's all you can do in the circumstances.

You'll have to pay for the reconsideration.
As there's no appeal rights, reconsideration is normally focused on righting administrative errors and omissions by the HO/caseworker.
So that may be the angle to take rather than 'appealing' for forgiveness.

You may need to seek professional advice.
Be aware there's no set timeline for reconsiderations (it could take a year or more to process).

Good luck.

[fazza16]

Hi there ,thank you for your previous advice. I have just received the bad news that HO would normally not grant citizenship to a person who has been

Convicted of a non custodial offence or caution in the last 3 years.

It further states that drink driving is an offence that they would normally disregard nor find grounds to disregard it exceptionally outside (our published policy) they cant satisfy that good character is met there the application has been refused and any application before 27may2019 will likely fail. Prior to that I had replied to them to state that I was experiencing a turmoil in my life leading to the offence..

Now a few questions , what do you think I can do now?
letter says can apply for reconsideration ,what are the chances of reconsideration being successful? do I engage a solicitor and MP etc? I dont mind waiting even if it takes 2 years..

Thanks again

[ohara]

letter says can apply for reconsideration ,what are the chances of reconsideration being successful?

Zero. Drink driving is a serious criminal offence which can actually lead to a custodial sentence.

The best case scenario is that HO have not imposed a 10 year ban for deception, and you can re-apply after 3 years has elapsed since your conviction.