British Citizenship – Good Character Requirement FAQs

[armaghanzuhaib]

Dear all Gurus,

I am absolutely new to this forum and some advice on my scenario will be greatly appreciated.

My application for BC was sent to Liverpool office on 11th November 2014 via special delivery.

I had FPN issued to me by a police officer on 7th October 2014 with £100 fine and 3 points on the licence. Paid the fine straightaway no court proceedings involved. I did mention this on page 15 of the application form and included necessary documents etc.

Yesterday the 16th November 2014 I got another FPN with offence code 334 "contravening mandatory direction arrows" £50 fine no points on the licence. Fine has been paid today online.
My question is, do I have to inform home office on this latest development. In guidance notes its clearly mentioned "FPNs not more than 1 in the last 12 months before date of application"

Your views on this would be very appreciated.

Regards
Armaghan

[GurmeetGulati]

Police stopped me because my car's one tail light was not working.
They gave me warning and noted my details.

Can this be a problem for visa extn and ILR?

[akhurshid]

Police stopped me because my car's one tail light was not working.
They gave me warning and noted my details.

Can this be a problem for visa extn and ILR?

Did they give you anything written? Was it a formal warning? It shouldn't if the answer is no.

[GurmeetGulati]

They didn't gave me anything in written. But noted my details and take my signature.
They told it will be stored in there system for 1 year. And if I found again with same problem, they will impose fine.
I am from Northern Ireland.

Appreciate your help.

[GurmeetGulati]

Police stopped me because my car's one tail light was not working.
They gave me warning and noted my details.

Can this be a problem for visa extn and ILR?

Did they give you anything written? Was it a formal warning? It shouldn't if the answer is no.

They didn't gave me anything in written. But noted my details and take my signature.
They told it will be stored in there system for 1 year. And if I found again with same problem, they will impose fine.

Note: I am planning to go for extn in person and I am from Northern Ireland - UK

Appreciate your help.

[akhurshid]

I am not sure if that is classed as police caution or not. If it is, then you'll need to declare it.
Seniors can tell better though.
If you don't get an answer here, speak to Police to confirm if it is classed as Police caution. Also worth speaking to HO.
Immigration lawyer is last resort. Make sure you get this cleared before making an application.

[theboynextdoor]

if any body could advice or a senior member please
I will be applying for citizenship on sep 2015, my worry is I had a conviction back in sep 2008. I will brifley explain you my sitivation, nature of the conviction- domestic,I got a suspended sentence ( 4 months,suspended for 2 years) I know for sure the new criminality guide treat suspendent sentance as a non cusdodial sentence there for it will spend after 3 years, that's the reson they granted me ILR this year, my question is,can they refuse my citizenship aplication under the good character? even though it has been spend? I am confused be course a guy mentioned here he was refused becourse he had a simple written police caution for domestic violence any help will be appreciated

[akhurshid]

You'll definitely need to declare it.
CW will assess how serious the offence is and then decide. My guess is you should be ok as long there are no other issues with your character but none here will tell you for sure if your application will succeed or not.

[rsa707]

Hi one quick question, what about if some one appeal against a PCN to council and if council rejects the appeal (which is usually always the case.) Will the person also be considered guilty (no court is involved here) And if PCN is paid after initial rejection of appeal from council without going to PATAS. Will it be fine to apply for citizenship without mentioning it or need to declare (assuming only one PCN in last 12 months) or need to wait similar to as for FPN appeal rejection in court.

IF some one can clarify, I will be thankful

Especially Amber or any other senior member of forums.

regards

[apk123]

Would greatly appreciate any help on the below. IAS(independent appeals service) is set up by the train companies and is not a court of law. Any help on whether this should be declared will be very helpful. Thanks

Hello seniors.I was travelling on DLR and used my Oyster card. Unfortunately did not notice that the card reader was not functioning. Was issued a penalty fare of GBP 40 which I appealed through IAS. IAS rejected the appeal and I paid the penalty immediately thereafter. My questions are as follows
1. Does this have any bearing on my naturalisation application?
2. Does this qualify as an FPN?
3. Does this need to be declared in the application form for naturalisation?

I have spent the entire evening googling without getting anywhere. I found a lawyers' site which mentions that using public transport without paying the correct fare could affect the application
(http://www.inhouselawyer.co.uk/index.ph ... -youre-out) the article further mentions the below

"In relation to FPNs used to dispose of minor offences without the need for the recipient to attend court, as there is no admission of guilt involved in the processing of the fine, FPNs do not form part of a person’s criminal record. However, if a FPN is received and challenged by the recipient, but the fine is subsequently upheld by the court, then it would be treated as a conviction and will result in the recipient failing to meet the good character requirement. Although an erosion of civil liberties, clients should therefore be advised to pay any FPN, even if unjustly received rather than risk the failure of any challenge. In the event a FPN was not received in the first instance and the matter is escalated to court without the recipient’s knowledge, as soon as the order is received, the fine should be paid and discretion should be requested in any naturalisation application."

As you can see, my concern about FPN arises out of rejection of my appeal by IAS. It would be a great help if anyone can help answer the queries.

[deela]

Hello,

Please I need help with a good character question.

Are visa cancellations/denial of entry to another country (no criminal issues or charges/arrests or fraud etc) relevant to the naturalisation good character requirements - as it not specifically asked on the application form? Should these be declared?

I would be very grateful for any help or guidance.

Thank you.

[milan69]

Hi Deela,
I haven't come across here that anyone had similar problem. If you look in ""Good Character Requirements"" there is no mention of that.

[akhurshid]

Hello,

Please I need help with a good character question.

Are visa cancellations/denial of entry to another country (no criminal issues or charges/arrests or fraud etc) relevant to the naturalisation good character requirements - as it not specifically asked on the application form? Should these be declared?

I would be very grateful for any help or guidance.

Thank you.

I would say it shouldn't cause a problem unless it was a fraud and led to conviction which you have stated that it didn't so it shouldn't be a problem. I myself was refused for a visa once but that was years ago and the only time I mentioned it was in UK visa application form in 2005.

[deela]

Thank you very much akhurshid and Milan69. Appreciate your help.

[sunshine000]

Quick question everyone.. Could 1 conviction and caution of similar nature (shoplifting) result in refusal of naturalisation application?
Both more that 5 years old and spent ?

[milan69]

Try reading here:
http://www.immigrationboards.com/britis ... 36725.html

[sunshine000]

i have read it and because connviction was more than 3 years old and didnt involve drup and voilence it should be ok..and when i phone home office they said i can apply too.. i hate this wait game

[bavo]

I have a WARNING letter from London Heathrow by UKBA back in April 2012 for bringing 3000 cigarettes. Today I went to apply for citizenship by Check in Service, they did not let me apply as been told that from June 2014 HO has a new law that I need to pass 3 years on any warning for me to have a good character. Does anyone knows anything about it? cause the person on Check in Service didn't sound very knowledgeable.

[t123456789]

I have a WARNING letter from London Heathrow by UKBA back in April 2012 for bringing 3000 cigarettes. Today I went to apply for citizenship by Check in Service, they did not let me apply as been told that from June 2014 HO has a new law that I need to pass 3 years on any warning for me to have a good character. Does anyone knows anything about it? cause the person on Check in Service didn't sound very knowledgeable.

They are wrong. A warning letter is just that, a letter. It's a civil matter, you do not need to declare it nor will it affect your application. If they prosecuted you or handed you over to the police, then it may be different.

They are confusing it with a formal police caution, in that case you do need to wait 3 years.

[ibrahimfareed]

Hi all
Thanks for this nice website. I applied for Citizenship 7 months ago and till now no answer. I written to the home office and they advised me that they are still doing routine checks. I am worried and I must travel to see my family whom I haven't seen since 8 years now.my mother is in very bad health situation. Travel documents are not accepted to travel on in my country by home office. I was convicted in court for using a mobile phone while driving with 3 points and 100£ fine . I also was convicted for obstructing police officer while doing his duty at same day and I was convicted with a 300£ fine.

The police officers lied in court in cardiff and I don't know what to do

[milan69]

You should contact your MP to write to Home Office on your behalf.

[2190]

Hie

I failed to notify the council in time about change of circumstances and went to court and i was given a administrative penalty or civil penalty, in January 2014. How long do i have to wait until i apply for naturalization.

[Bwishes]

Hie

I failed to notify the council in time about change of circumstances and went to court and i was given a administrative penalty or civil penalty, in January 2014. How long do i have to wait until i apply for naturalization.

Based what you are saying should be ok after 3 years as nom custodial sentence but if you read the Anex D section 6.3 of the Nationality Instruction states:

The decision maker will not refuse an application simply because the person is reliant on public funds.
However, this would not extend to an applicant who is knowingly drawing or has knowingly drawn public funds to which they are not entitled. Where this is the case, the decision maker will normally refuse the application’.

Saying this I would say you can apply in January 2017 but When making your application, it will be very important to explain the circumstances regarding your administrative penalty or civil penalty and the reasons as to why you did not report a change in circumstances.

But the gurus of the forum maybe can help you more as this is a bit grey on the system.

[gorimapa]

Hello Honorables in the house,

Just a quick question/clarification as I am due to apply for naturalization.

Was convicted for a driving without insurance on 16/11/2011 and sentenced on 12/01/2012 with fine and 6 month driving ban due to previous speeding point on licence. When am I eligible to apply? is it 3 years after date of conviction, date of sentence or end of sentence as I ve had conflicting advice.

Do I need to declare the speeding point on the form as the speeding offence was in 2009.

[Alfredo61]

Would appreciate some assessment on FPN's and NIP,s

I have my application for naturalisation ready as I was holding to comply with the residence qualification period time.

I am inUK since 2005 and got ILR in 2010.

Unfortunately got a drink driving offence so I have waited till the conviction was spent.

3 years passed in April 2014 but I was working abroad and I had to wait till this January to comply with the residence requirement.

I was basically ready to apply but received an NIP in December so not sure how this affects with the new rules.

The NIP mentions the potential offer of awareness course and I am with in the criteria. But also mentions the FPN option.

Not sure what to do, I have answered the Nip do I wait for there answer to apply or do I apply and declare what is happening or apply and don't declare and declare later if answer is a FPN.

My concern is the old drink driving offence.

Appreciate advise from the Forum