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conviction & the 10 yrs period for naturalization

Posted: Mon Nov 14, 2016 8:41 pm
by Selfie
Hi Guys,

Crying for help, plz!

I came to uk in 2008, and on arrival at airport, was interviewed for asylum and got refusal next day whilst detained at the airport.

Then I was sentenced to 4 months in jail, and the cahrge was that ''I was unable to provide valid immigration documents to enter the uk''.

2 yrs later, I was granted refugee status (5 yrs), followed by indefinite leave to remain.

I'm due to apply for naturalization in Jan 2017, but I'm told that my application will be refused, cuz I had a conviction, although it was long time ago, and I have to wait for 10 yrs, before I can apply for naturalization!!

I read the guidline over and over and it's quite confusing really!

Wondering if anyone has been through the same thing, and if this's true?

Plz post your kind responses.

Many tahnks

Selfie

Re: conviction & the 10 yrs period for naturalization

Posted: Tue Nov 15, 2016 1:22 pm
by noajthan

Re: conviction & the 10 yrs period for naturalization

Posted: Wed Nov 16, 2016 6:28 am
by Selfie
thanks noajthan,

I already went through this, but it's not that very help, to be honest with you.
Cuz it does state that an applicant with a conviction is normally to get his BC application refused by the HO on the ground of not satisfying the good character requirement.

However, the changes in the good character requirement that came to effect in mid 2015 is argued not to include applicants with refugee states, as it then would run counter to Section 31 of the immigration and Asylum Act 1999 Act and Article 31 of the Refugee Convention, and it's also not in line with the Geneva Convention rules both of which stress that people who entered the UK illegally or clandestinely and presented themselves to the authorities without delay and subsequently obtained refugee status should not be penalized when they apply for citizenship.

This's what the former immigration minster, James Broken-Shire himself, who introduced and oversaw these changes in 2015, says in his letter about these changes.

https://www.freemovement.org.uk/tighten ... -refugees/
https://www.freemovement.org.uk/wp-cont ... letter.pdf,

However, some cases workers seem to have recently been applying these new changes when dealing with BC applications, even for applicants with refugee status.

Hope if other people with relevant stories or input can join in to comment on this iisue.

Selfie

Re: conviction & the 10 yrs period for naturalization

Posted: Wed Nov 16, 2016 8:59 am
by noajthan
Selfie wrote:thanks noajthan,

I already went through this, but it's not that very help, to be honest with you.
Cuz it does state that an applicant with a conviction is normally to get his BC application refused by the HO on the ground of not satisfying the good character requirement.
...

However, some cases workers seem to have recently been applying these new changes when dealing with BC applications, even for applicants with refugee status.

Hope if other people with relevant stories or input can join in to comment on this iisue.

Selfie
This is what you are up against as the guidance appears to be used by default. So you will probably have to fight your corner to make any other case.