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Seeking Clarification

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

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sa4646
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BC application Help

Post by sa4646 » Thu Aug 27, 2020 4:31 pm

Hi all,

Thank you for all the info on this site.

Does one has to decalre an old arrest and bail (more than 10 years ago) which resulted in no further action, i.e. no charge. Unfortunately, my relative was in a relationship with a girlfriend who cheated on him and after an argument, she went to the police and made up some false serious allegations to the police. As mentioned above, he was arrested and bailed for a few weeks but no further action was taken. It seems the woman withdrew the allegations or the police decided no further action.

Will this affect the naturalisation application?

Thanks,
Joe

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CULLINAN
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Re: BC application Help

Post by CULLINAN » Thu Aug 27, 2020 11:23 pm

sa4646 wrote:
Thu Aug 27, 2020 4:31 pm
No where in the BC application, it asks to declare an arrest which resulted in NFA.

The only question is:
An arrest or charge for which you are currently on, or awaiting trial
NFA means there was no further action required and matter was dismissed.
No need to declare and it will have no effect on your application either.

I am assuming it was NFA and not a police caution/warning etc.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Re: BC application Help

Post by CULLINAN » Thu Aug 27, 2020 11:28 pm

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

sa4646
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Re: BC application Help

Post by sa4646 » Thu Aug 27, 2020 11:35 pm

Thanks for the reply. BTW, I have been reading some citizenship deprivation cases and HO even expect people to disclose any (illegal) activities/conduct for which one has not been arrested! The form should be clear about arrests not resulting charge but I guess the activities question is too broad and it might imply arrests even when they are the result of false/unfounded allegations.

sa4646
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Re: BC application Help

Post by sa4646 » Fri Aug 28, 2020 8:39 am

Another question please. Does it matter when the arrest has happened? For instance, an arrest was 10 years and no other problem whatsoever with the law/police!

sa4646
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Seeking Clarification

Post by sa4646 » Sun Aug 30, 2020 3:34 pm

Would be grateful if someone who has knowledge could explain what the following excerpt from the naturalisation guide exactly mean:

"You must say if your details have been recorded by the police as a result of
certain sexual offences, or if you are subject to one of the following orders:
notification order, ..."

Does that mean even is someone has been arrested because of false allegations but not charged (NFA) falls into this?

Thanks

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alterhase58
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Re: Seeking Clarification

Post by alterhase58 » Sun Aug 30, 2020 3:59 pm

Refer to the good character guidance:
https://assets.publishing.service.gov.u ... idance.pdf
From page 16 onwards - specifically relating to sexual offences. There's not a blanket requirement to disclose all NFA instances
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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