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A non-custodial offence / occurred in the last 3 years.
Posted: Sun Mar 10, 2013 12:34 pm
by SHK
We are applying for Naturalization
Current Rules: A non-custodial offence / Applications should be refused if the conviction occurred in the last 3 years.
Wife CCJ happens on credit card payment 3 years ago in 2008 and 2009
My CCJ happen in 2 years ago on credit card payment on 2011.
Do we need to mention this on AN1 Application Form or more than three
year is fine and I can only mention mine as we are applying as joint
application.
Re: A non-custodial offence / occurred in the last 3 years.
Posted: Sun Mar 10, 2013 10:26 pm
by Amber
SHK wrote:We are applying for Naturalization
Current Rules: A non-custodial offence / Applications should be refused if the conviction occurred in the last 3 years.
Wife CCJ happens on credit card payment 3 years ago in 2008 and 2009
My CCJ happen in 2 years ago on credit card payment on 2011.
Do we need to mention this on AN1 Application Form or more than three
year is fine and I can only mention mine as we are applying as joint
application.
A ccj is not a criminal offence it is a civil issue. Furthermore, it is not a fine. Yes you must declare it and the important question is, have you paid the debts or are you trying to pay them? If not, why not?
Re: A non-custodial offence / occurred in the last 3 years.
Posted: Sun Mar 10, 2013 11:18 pm
by BigSam
D4109125 is right, this is a civil matter and not a criminal conviction. You should declare it as being a civil judgement made against you. Below is an extract from
Annex D of the caseworker instructions which you should be aware of
"
8.6 Debt
8.6.1 Police enquiries, or other information, may suggest that an applicant is heavily in debt. Caseworkers should not use this as grounds for refusal if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, caseworkers should normally refuse the application."
Posted: Sun Mar 10, 2013 11:46 pm
by SHK
I am paying to creditor on monthly basis and I can add the evidence that company is receiving money and it will clear within a year.
My CCJ happened in 2011
My wife is also paying but do we need to mention her because it happened in
2008 and 2009 more than three years ago and according to new rules any
non custodial sentence or charge within 3 years.
If it is more than 3 years still we need to mention?
Posted: Mon Mar 11, 2013 6:40 am
by Amber
SHK wrote:I am paying to creditor on monthly basis and I can add the evidence that company is receiving money and it will clear within a year.
My CCJ happened in 2011
My wife is also paying but do we need to mention her because it happened in
2008 and 2009 more than three years ago and according to new rules any
non custodial sentence or charge within 3 years.
If it is more than 3 years still we need to mention?
It's not a criminal offence so forget about the 3 year rule please! Yes you need to declare it they're civil judgements. Provide proof you're repaying and you should be ok. Use the NCS.
Posted: Mon Mar 11, 2013 9:49 pm
by SHK
Thank you
You confident advise is very helpful for me.
Regards