DVPN- Naturalisation

[RR17]

Hi Amber or Experts,

There was Domestic violence protection order was issued by Magistrate court to stay away from my Family/home for 28 days few months ago. One of criminal solicitor said , Its just new civil act, but not a conviction or caution.you dont need to declare it on applications.

1)I was wondering do I need to declare this civil order in judgements although its not a caution or conviction under immigration acts?
2)If I dont declare do I have any Impact in Naturalization due in May 2015?

Please Advice.

Many Thanks,
RR

[milan69]

I am not an expert on this.
Were you convicted?

[RR17]

I am not an expert on this.
Were you convicted?

Thanks Milan,

Neither convicted nor caution. It was just civil provision order under suspect.

Personally I dont want to declare to keep application clean , Im wondering does it impact my application?

Please advise.

Thanks,
RR

[milan69]

I hope this helps:

Re: British Citizenship – Good Character Requirement FAQs
Postby viki83 » Wed Jun 04, 2014 10:19 am

Hi Amber,

Please can you or any expert reply to my query. I'll be grateful !

I need to inquire about my friend who will be applying for citizenship soon.

He was recently arrested for alleged domestic violence and released next day without any charge and "no further action". He was then issued with a DVPN (Domestic Violence Protection Notice) and later a DVPO (Domestic Violence Protection Order) by magistrates court which prohibits entering the house and meeting alleged victim for 28 days. HE WAS NOT CHARGED OR GIVEN ANY FORMAL CAUTION.

Please can some senior member comment how this affects naturalization application ?

Does this come under 3 year waiting period to apply ?

Does this need to be mentioned on application form question "Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character"

As there was no conviction or trial or caution, can this be a ground for refusal ?
viki83
Member

Posts: 155
Joined: Sat Jul 07, 2007 3:35 pm
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Re: British Citizenship – Good Character Requirement FAQs
Postby Amber » Wed Jun 04, 2014 11:50 am

DVPOs are a new civil provision so should not come under a non-custodial conviction.

It could come under .19 questions but that's a subjective question.
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Amber
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Re: British Citizenship – Good Character Requirement FAQs
Postby viki83 » Wed Jun 04, 2014 12:04 pm

Thanks for your reply Amber.

Main concern is does it need to be mentioned in the application form question "Anything else you consider that makes you not having good character ?" or anywhere else on the application ? If it is not mentioned, does it come under hiding information and 10 year ban thing ?
viki83
Member

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Re: British Citizenship – Good Character Requirement FAQs
Postby Amber » Wed Jun 04, 2014 7:59 pm

viki83, it's up to you whether you wish to declare it on .19, there should be no 10 year ban either way, unless you have a conviction or caution.

[RR17]

DVPOs are a new civil provision so should not come under a non-custodial conviction.

It could come under .19 questions but that's a subjective question.

it's up to you whether you wish to declare it on .19, there should be no 10 year ban either way, unless you have a conviction or caution.

Amber

Many Thanks Milan, Above info was helpfull, but still struggling to find clear solution?

I understand Amber mentioned as 'our wish to declare' , But do you think is it necessary to declare?

and also Amber says DVPOs Under subjective question .19 ? Unable to find Is it 3.19?

Do I have to declare civil judgements although its not convicted or caution, it was kind of suspect order from court.
If I dont declare is there any impact on AN?

Please Advise.

[milan69]

I believe she meant 3.19.
As you know HO checks police records of the applicants.

From the AN Booklet:

You must say whether you have been involved in anything which might indicate that you
are not of good character. You must give information about any of these activities no
matter how long ago this was. Checks will be made in all cases and your application may
fail and your fee will not be fully refunded if you make an untruthful declaration. If you
are in any doubt about whether you have done something or it has been alleged that you
have done something which might lead us to think that you are not of good character you
should say so

I would very much like to hear opinion of senior members and gurus regarding this.

[RR17]

Hi Amber or Experts,

There was Domestic violence protection order was issued by Magistrate court to stay away from my Family/home for 28 days few months ago. One of criminal solicitor said , Its just new civil act, but not a conviction or caution.you dont need to declare it on applications.

1)I was wondering do I need to declare this civil order in judgements although its not a caution or conviction under immigration acts?
2)If I dont declare do I have any Impact in Naturalization due in May 2015?

Please Advice.

Many Thanks,
RR

Much apprceciate Milan.

Hoping Amber, Moderators or Senior members advices as well.. Please shed some light. Great Thanks, RR

[RR17]

Hi Amber or Experts,

There was Domestic violence protection order was issued by Magistrate court to stay away from my Family/home for 28 days few months ago. One of criminal solicitor said , Its just new civil act, but not a conviction or caution.you dont need to declare it on applications.

1)I was wondering do I need to declare this civil order in judgements although its not a caution or conviction under immigration acts?
2)If I dont declare do I have any Impact in Naturalization due in May 2015?

Please Advice.

Many Thanks,
RR

Much apprceciate Milan.

One of police document says, The DVPN remains in effect until a hearing for a DVPO has been heard, usually within 48 hours. A DVPO must be in force for 14-28 days. A breach of a DVPN/O is not a criminal or recordable offence, and as such, there is no power to take fingerprints, photographs or DNA.

I respected their DVPO and not breached either.

This sounds like not required to declare DVPO.

Hoping for Amber, Moderators or Senior members advices as well.. Please shed some light. Great Thanks, RR

[Wanderer]

Declare it.

[RR17]

Declare it.

Thanks Wanderer,

Sure , you are right, its wise to declare it in civil orders in sec 3.19 . Hoping should not impact/delay AN, Fingers crossed..

Any Alternate suggestions or similar experience please share.

[RR17]

Declare it.

Thanks Wanderer,

Sure , you are right, its wise to declare it in civil orders in sec 3.19 . Hoping should not impact/delay AN, Fingers crossed..

Any Alternate suggestions or similar experience please share.

Hi Wandere or experts,

I could not find right place to declare DVPO (Civil provision), I think sec 3.19 for various offences and not suitable for DVPOs.

Where do you think best place to declare? Please Advice.