naturalisation and good character issue

[sunny26]

HI guys seniors and all please do not just read and move on..ur help and experience is needed.

A bit of a unique question

In terms of criminal checks what level of checks do the UKVI do. Is it Police National Computer check (which shows all info on cautions, convictions, reprimands and warnings) or do they also check local police and court records also?

I am asisting a friend who has a historic conviction on his enhanced DBS check (which he is declaring to HO) but he thinks he was also given few cannabis warnings 10 years ago which are not on his SAR requests or enhanced DBS check.


Please help guys

[alterhase58]

I assume you have reviewed the Good Character caseworker guidance - if not link here:
https://assets.publishing.service.gov.u ... idance.pdf

Quote from page 12:
Applicants are required to disclose all convictions, regardless of whether or not they
are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take
into account any past convictions regardless of when they took place, as nationality
decisions are exempt from section 4 of the 1974 Act that provides for certain
convictions to become ‘spent’ after fixed periods of time.

There is no information as to what systems and resources they have access to - of course if something was not disclosed then it could be held against the applicant.

[sunny26]

HI your reply is much appreciated Alterhase. yes the good character requirement has been thoroughly scrutinised including the Policy Guide on Good Character Requirement 2019.

I have the following queries:

1. Page 43 of the guide - Where the applicant fails to disclose INFORMATION THAT WOULD RESULTIN THE APPLICATION BEING REFUSED on good character grounds, the application must be refused and any further application for citizenship will normally be refused for the next 10 years.

This implies that non-disclosure of warnings and driving offences which are no longer on the PNC and are historic (i.e. DVLA has no record of them and the warning may only be on local police records both being over 10 years old) would not mean a 10 year ban because as per the guidance they WOULD NOT RESULT IN THE APPLICATION BEING REFUSED so non-disclosure of them would not attract 10 year bar.

2. In relation to local records, the report An Inspection of Nationality Casework
April-May 2014 on page 15 states that the caseworkers do automated pnc checks and Home office Warning INdex check only. This suggests that they do PNC check only which makes sense as they should not really be interested in local soft intellignence revealing every convo with local police.

Am I right, does anyone has experience on this where there local records were also checked?