Page 1 of 1
queston regarding my cicumtances
Posted: Fri Nov 23, 2018 3:44 pm
by Splash
Hello Guys
I got my ILR in 2015. In June 2016, i was convicted by court due to assault with wife. I received community order sectence , rehabilation course and fine. I completed all sentences well before time. Apart of this , there is no criminal hitory on my CRB. We live seperate not divorced yet. No further complain from any one regarding me. My questions are
when i can apply my citizonship?.
Secondly, in case i get refusal when i can apply again in future?.
Re: queston regarding my cicumtances
Posted: Fri Nov 23, 2018 11:59 pm
by Casa
Splash wrote: ↑Fri Nov 23, 2018 3:44 pm
Hello Guys
I got my ILR in 2015. In June 2016, i was convicted by court due to assault with wife. I received community order sectence , rehabilation course and fine. I completed all sentences well before time. Apart of this , there is no criminal hitory on my CRB. We live seperate not divorced yet. No further complain from any one regarding me. My questions are
when i can apply my citizonship?.
Secondly, in case i get refusal when i can apply again in future?.
The official guidance states:
A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record
Applications will normally be refused if the conviction occurred in the last 3 years
Re: queston regarding my cicumtances
Posted: Thu Nov 29, 2018 1:52 am
by Splash
Thanks Casa for your reply
What are chances of my success if i apply immediately after three years time?.
Is it better to apply citizenship immediately after three year time?.
Can i re apply immediately in case of refusal?.
Re: queston regarding my cicumtances
Posted: Sat Dec 01, 2018 4:37 pm
by Djsuccess
Casa wrote: ↑Fri Nov 23, 2018 11:59 pm
Splash wrote: ↑Fri Nov 23, 2018 3:44 pm
Hello Guys
I got my ILR in 2015. In June 2016, i was convicted by court due to assault with wife. I received community order sectence , rehabilation course and fine. I completed all sentences well before time. Apart of this , there is no criminal hitory on my CRB. We live seperate not divorced yet. No further complain from any one regarding me. My questions are
when i can apply my citizonship?.
Secondly, in case i get refusal when i can apply again in future?.
The official guidance states:
A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record
Applications will normally be refused if the conviction occurred in the last 3 years
This makes an interesting discussion in that the OP said there is nothing in his CRB. Was it that the conviction was never recorded or it has been deleted? I thought every conviction in the court is captured in the criminal record. Or am I wrong about what records are kept on the criminal record?
Re: queston regarding my cicumtances
Posted: Sat Dec 01, 2018 6:16 pm
by Casa
It depends on which level of check has been made. A basic DBS (or Disclosure Scotland) check may not show spent convictions, unlike more stringent checks under the higher levels of 'Standard' and 'Enhanced'.
Re: queston regarding my cicumtances
Posted: Sun Dec 02, 2018 1:31 pm
by Splash
Above stated conviction is the only conviction i have on my record. There is no other conviction in the past which has beendeleted before.
Re: queston regarding my cicumtances
Posted: Wed Dec 05, 2018 2:00 pm
by Splash
Casa wrote: ↑Sat Dec 01, 2018 6:16 pm
It depends on which level of check has been made. A basic DBS (or Disclosure Scotland) check may not show spent convictions, unlike more stringent checks under the higher levels of 'Standard' and 'Enhanced'.
kindly anwer my queries thanks
Re: queston regarding my cicumtances
Posted: Wed Dec 05, 2018 5:12 pm
by Djsuccess
Splash wrote: ↑Wed Dec 05, 2018 2:00 pm
Casa wrote: ↑Sat Dec 01, 2018 6:16 pm
It depends on which level of check has been made. A basic DBS (or Disclosure Scotland) check may not show spent convictions, unlike more stringent checks under the higher levels of 'Standard' and 'Enhanced'.
kindly anwer my queries thanks
According to the guide, you might want to wait until after June 2019 ( three years after the non-custodial sentence) before applying.
Re: queston regarding my cicumtances
Posted: Thu Dec 06, 2018 10:15 am
by Splash
Splash wrote: ↑Thu Nov 29, 2018 1:52 am
Thanks Casa for your reply
What are chances of my success if i apply immediately after three years time?.
Is it better to apply citizenship immediately after three year time?.
Can i re apply immediately in case of refusal?.
Re: queston regarding my cicumtances
Posted: Tue Dec 11, 2018 10:09 am
by Splash
anybody would like to share knowledge or experience
Re: queston regarding my cicumtances
Posted: Tue Dec 11, 2018 10:12 am
by CR001
You can apply again at any time when you meet the requirements. You will have to pay the fee again as if you are refused you lose the fee.
Re: queston regarding my cicumtances
Posted: Wed Jan 09, 2019 4:54 pm
by Splash
Thanks CR001
Re: queston regarding my cicumtances
Posted: Wed Jan 09, 2019 5:00 pm
by Splash
Three years would complete June 3 2019 but i was outside UK from February 2018 to July 30 2018 approximately 170 days. If i apply June 4 2019 then i would be outside UK more than 90 days. any suggestion in this regard.
Re: queston regarding my cicumtances
Posted: Sun Feb 17, 2019 2:11 pm
by Splash
My single trip was from 12/02/2018 to 30/07/2018 (170 days).
But naturallisation applicant should not be outside UK more than 90 days preceding the date of application of naturalisation.
is it ok to apply on 04/06/2019 because i was ouside UK for 58 days from 02/06/2018 to 03/06/2019.
keeping in view this fact that 58 days is part of 170 days holidays spent outside UK in single trip.
Re: queston regarding my cicumtances
Posted: Sun Feb 17, 2019 5:26 pm
by alterhase58
OK as your absence straddles two separate 12 month periods.