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CCJ and Naturalisation

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

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Likhon
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CCJ and Naturalisation

Post by Likhon » Tue Nov 15, 2016 6:17 pm

Recently I have found two CCJ records (dated 16th July 2014 & 12nd Feb 2014) in my credit report while I am updating all of my previous addresses in my Experian account. I am also paying to these two creditors with a minimum agreed fee in each month.

Currently I am holding ILR (Indefinite Leave to Remain-got ILR last year October) and would like to apply for the naturalisation in December this year.

I could not disclose these CCJ in my ILR application last year because I did not know about it. I have recently explored it while I was updating all of my previous addresses in my Experian Credit account.

Now will my naturalisation application be refused for CCJ; even though I provide supporting documents that I am paying to my creditors in a monthly minimum agreed payment and also disclose this information in the Naturalisation application form?

(Reference:
AN Booklet Page17
Notes:
e.A ‘’non-custodial offence or other out of court disposal that is recorded on a person’s criminal record’’(i.e.line4) includes Fines,Cautions,Warnings and Reprimands,Community Sentences,Civil Orders,Hospital Orders & Restriction Orders and Potential Court Orders.)

Not sure about the above statement written in AN Booklet???

Would appreciate the advices from seniors please.

pentaya
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India

Re: CCJ and Naturalisation

Post by pentaya » Tue Nov 15, 2016 6:22 pm

I would wait for the admins to answer.

However, In the same situation, I would send a next day delivery letter stating that would are not aware of them. Include Credit report and agreement with those lenders.

Likhon
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Posts: 13
Joined: Sat Feb 14, 2015 1:24 pm

Re: CCJ and Naturalisation

Post by Likhon » Wed Nov 16, 2016 10:57 am

Many thanks for your reply pentaya.Waiting to get advices from admin too.
Is anyone get refused Naturalisation application specially for ccj??

pentaya
Member
Posts: 143
Joined: Tue Aug 23, 2016 9:01 pm
India

Re: CCJ and Naturalisation

Post by pentaya » Wed Nov 16, 2016 7:41 pm

Likhon wrote:Many thanks for your reply pentaya.Waiting to get advices from admin too.
Is anyone get refused Naturalisation application specially for ccj??
If there is CCJ and you dont mention it , There are chances HO can refuse the application on deception. Though you are aware of your CCJ or not, HO sees it as you responsibility. Hence, I would send the next day delivery letter to HO including the required documents.

Likhon
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Posts: 13
Joined: Sat Feb 14, 2015 1:24 pm

Re: CCJ and Naturalisation

Post by Likhon » Thu Nov 17, 2016 2:12 pm

''If there is CCJ and you dont mention it , There are chances HO can refuse the application on deception. Though you are aware of your CCJ or not, HO sees it as you responsibility. Hence, I would send the next day delivery letter to HO including the required documents.[/quote]''

Thanks again 'pentaya'.
First of all I would like to mention that I do not have any intention not to disclose the ccj's (civil judgement section in the AN Application Form) in the AN Form.

What I need to know actually If I submit my AN Application form in December 2016 (*Info: I have not submitted my AN Application Form yet) with the following steps:1,2& 3

1.*Covering letter (with the explanation that recently I track this information while I was updating all of my previous addresses in the Experian credit account.Therefore I could not disclosed the ccj's in my last year ILR application-*incase if they check my previous records)

2. *Disclose the ccj's in the Civil Judgement Section.

3.Also enclosed the creditor payment plan agreement information in the page 22- *‘Further information not covered in other sections’-AN Application Form.

3.‘Further information not covered in other sections’-AN Application Form Page-22

Would that be OK to consider my case as successful by the caseworker??Need some help from moderator,please.

Likhon
Newly Registered
Posts: 13
Joined: Sat Feb 14, 2015 1:24 pm

Re: CCJ and Naturalisation

Post by Likhon » Thu Nov 17, 2016 2:24 pm

''If there is CCJ and you dont mention it , There are chances HO can refuse the application on deception. Though you are aware of your CCJ or not, HO sees it as you responsibility. Hence, I would send the next day delivery letter to HO including the required documents.[/quote]''

Thanks again 'pentaya'.
First of all I would like to mention that I do not have any intention not to disclose the ccj's (civil judgement section in the AN Application Form) in the AN Form.

What I need to know actually If I submit my AN Application form in December 2016 (*Info: I have not submitted my AN Application Form yet) with the following steps:1,2& 3

1.*Covering letter (with the explanation that recently I track this information while I was updating all of my previous addresses in the Experian credit account.Therefore I could not disclosed the ccj's in my last year ILR application-*incase if they check my previous records of ILR application).

2. *Disclose the ccj's in the Civil Judgement Section in the AN Application Form.

3.Also enclosed the creditor payment plan agreement information in the page 22- *‘Further information not covered in other sections’-AN Application Form.

Would that be OK to consider my case as successful by the caseworker??Need some help from moderator,please.

pentaya
Member
Posts: 143
Joined: Tue Aug 23, 2016 9:01 pm
India

Re: CCJ and Naturalisation

Post by pentaya » Thu Nov 17, 2016 5:26 pm

Likhon wrote:''If there is CCJ and you dont mention it , There are chances HO can refuse the application on deception. Though you are aware of your CCJ or not, HO sees it as you responsibility. Hence, I would send the next day delivery letter to HO including the required documents.
''

Thanks again 'pentaya'.
First of all I would like to mention that I do not have any intention not to disclose the ccj's (civil judgement section in the AN Application Form) in the AN Form.

What I need to know actually If I submit my AN Application form in December 2016 (*Info: I have not submitted my AN Application Form yet) with the following steps:1,2& 3

1.*Covering letter (with the explanation that recently I track this information while I was updating all of my previous addresses in the Experian credit account.Therefore I could not disclosed the ccj's in my last year ILR application-*incase if they check my previous records of ILR application).

2. *Disclose the ccj's in the Civil Judgement Section in the AN Application Form.

3.Also enclosed the creditor payment plan agreement information in the page 22- *‘Further information not covered in other sections’-AN Application Form.

Would that be OK to consider my case as successful by the caseworker??Need some help from moderator,please.[/quote]

I undertand. Though you dont have any intentions not to disclose CCJ's, But HO look at it as a possible deception.

I think those went to CCJ inbetween period of you getting ILR and now. Hope it makes sense. I would not mention anything about ILR. Just mention in your application that you have CCJ and you have settled the issue with the firm. Provide as much as information as possible to make your application strong.

Good Luck

Likhon
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Posts: 13
Joined: Sat Feb 14, 2015 1:24 pm

Re: CCJ and Naturalisation

Post by Likhon » Thu Nov 17, 2016 7:31 pm

‘’I undertand. Though you dont have any intentions not to disclose CCJ's, But HO look at it as a possible deception.''

Many thanks to you-‘pentaya’ for your prompt reply.What other steps I can take to proof myself that i am not taking any deception in this matter.

One more thing regarding the following *reference statement*-Need help,please.

Under the Good Character Requirement by HO, Does it state anywhere that a person’s naturalisation application will be refused within **three years** of the date the CCJ was issued to the person? Is the following reference statement will apply in my case?

(*Reference*:
AN Booklet Page17
Notes:
e. A ‘’non-custodial offence or other out of court disposal that is recorded on a person’s criminal record’’(*i.e.line4*) includes Fines,Cautions,Warnings and Reprimands,Community Sentences,Civil Orders,Hospital Orders & Restriction Orders and Potential Court Orders.)

pentaya
Member
Posts: 143
Joined: Tue Aug 23, 2016 9:01 pm
India

Re: CCJ and Naturalisation

Post by pentaya » Fri Nov 18, 2016 6:41 pm

Likhon wrote:‘’I undertand. Though you dont have any intentions not to disclose CCJ's, But HO look at it as a possible deception.''

Many thanks to you-‘pentaya’ for your prompt reply.What other steps I can take to proof myself that i am not taking any deception in this matter.

One more thing regarding the following *reference statement*-Need help,please.

Under the Good Character Requirement by HO, Does it state anywhere that a person’s naturalisation application will be refused within **three years** of the date the CCJ was issued to the person? Is the following reference statement will apply in my case?

(*Reference*:
AN Booklet Page17
Notes:
e. A ‘’non-custodial offence or other out of court disposal that is recorded on a person’s criminal record’’(*i.e.line4*) includes Fines,Cautions,Warnings and Reprimands,Community Sentences,Civil Orders,Hospital Orders & Restriction Orders and Potential Court Orders.)
Any offences or activities from last 10 years must be mentioned in the application. I would strongly recommend you to be as transparent as possible with your application.

Likhon
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Posts: 13
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Re: CCJ and Naturalisation

Post by Likhon » Sat Nov 19, 2016 10:57 am

Dear pentaya,
I think you *did not get it*(did not understand...I mean) what I ask for the help is:

***Under the Good Character Requirement by HO, Does it state anywhere that a person’s naturalisation application will be refused within **three years** of the date the CCJ was issued to the person?***

I have found the following statement in the AN Booklet in page 17 saying the note:

e. A ‘’non-custodial offence or other out of court disposal that is recorded on a person’s criminal record’’(i.e.line4) includes Fines,Cautions,Warnings and Reprimands,Community Sentences,Civil Orders,Hospital Orders & Restriction Orders and Potential Court Orders.)

Is the CCJ will count anyone of the above such as Civil Orders or Potential court orders ??

***(I would strongly recommend someone who will make a comment.Please read the AN Booklet in Page 17;Note:e and then check cross reference with the line 4 in the chart)****

Likhon
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Re: CCJ and Naturalisation

Post by Likhon » Sat Nov 19, 2016 11:00 am

Dear pentaya,
I think you *did not get it*(did not understand...I mean) what I ask for the help is:

***Under the Good Character Requirement by HO, Does it state anywhere that a person’s naturalisation application will be refused within **three years** of the date the CCJ was issued to the person?***

I have found the following statement in the AN Booklet in page 17 saying the note:

e. A ‘’non-custodial offence or other out of court disposal that is recorded on a person’s criminal record’’(i.e.line4) includes Fines,Cautions,Warnings and Reprimands,Community Sentences,Civil Orders,Hospital Orders & Restriction Orders and Potential Court Orders.)

Is the CCJ will count any of the above such as Civil Orders or Potential court orders ??

***(I would strongly recommend someone who will make a comment.Please read the AN Booklet in Page 17;Note:e and then check cross reference with the line 4 in the chart)****

noajthan
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Re: CCJ and Naturalisation

Post by noajthan » Sat Nov 19, 2016 11:56 am

Get up to speed on chapter and verse of gc guidance that HO caseworker will use to help her assess and weigh up your application:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Likhon
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Re: CCJ and Naturalisation

Post by Likhon » Sat Nov 19, 2016 3:36 pm

noajthan wrote:Get up to speed on chapter and verse of gc guidance that HO caseworker will use to help her assess and weigh up your application:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
Many thanks for the link 'noajthan''
It does not mention anything about CCJ just mention about debt saying:
''The decision maker will not normally refuse an application simply because the person is in debt, especially if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts.However, where a person deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, the decision maker will normally refuse the application''.

So can I guess …Under the Good Character Requirement by HO, it does not state anywhere that a person’s naturalisation application will be refused within **three years** of the date the CCJ was issued to the person?

Thanks

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Casa
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Re: CCJ and Naturalisation

Post by Casa » Sat Nov 19, 2016 3:45 pm

Have you read section 3 in noajthan's link :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Likhon
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Re: CCJ and Naturalisation

Post by Likhon » Sat Nov 19, 2016 4:36 pm

Casa wrote:Have you read section 3 in noajthan's link :?:
Thanks to 'Casa'
I have read through Section 3 (Fines,Fixed Penalty Notices, Penalty Charge Notices & Penalty Notices for Disorder,Cautions, Warnings and Reprimands,Community Sentences,Confiscation and Forfeiture Orders,Civil Orders,Hospital Orders & Restriction Orders,Considering Cumulative, Non-Custodial Sentences)but could not find anything about County Court Judgement.
May be I am missing something.Can you point me out,plz.

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