ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Eligible for naturalization?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Baby83
Newly Registered
Posts: 1
Joined: Thu Feb 01, 2018 12:12 am
Mood:
Italy

Eligible for naturalization?

Post by Baby83 » Thu Feb 01, 2018 12:38 am

Hello! Can anyone help me as I am really confused and scared . I'm on ILR, I'm self employed but I'm in court with an ex worker. He is accusing me for dearly beloved hatred after helping him more than myself. All this is about money, he thinks he's gonna get a lot from me.Now, on April I'm due to the naturalization application but I don't know what the judge decision is gonna be ( I have a lot of proof that the guy is lying, I'm not dearly beloved and I'll never be. A person doesn't became dearly beloved only one day of his life.) If I'll receive a penalty how can this affect my application???? I have never had any issue with the law and this is the first time. I have been here for 20 years and I paid all taxes but probably nobody is going to have a look at this. Thank you
Last edited by Baby83 on Thu Feb 01, 2018 12:42 am, edited 3 times in total.

User avatar
ariskar
Member of Standing
Posts: 319
Joined: Mon Mar 13, 2017 3:23 pm
Location: London, UK
Mood:
Greece

Re: Eligible for naturalization?

Post by ariskar » Thu Feb 01, 2018 11:43 am

Apply as soon as possible/eligible before the judge/court makes any decision. If at the time of application you meet the good character requirements, future convictions during the application being considered or after it was decided cannot count retroactively on the basis of law. You declare and confirm that all information is accurate to the best of your knowledge AT THE DATE OF YOUR APPLICATION SUBMISSION.

Lastly, I think that a court decision against a self employed business is not a personal conviction, rather a conviction for the business. For a confirmation of this you may need to consult a legal advisor.

Good luck.

User avatar
bruteforce
Senior Member
Posts: 942
Joined: Tue Sep 22, 2009 7:15 pm
Mood:
Pakistan

Re: Eligible for naturalization?

Post by bruteforce » Thu Feb 01, 2018 11:27 pm

ariskar wrote:
Thu Feb 01, 2018 11:43 am
Apply as soon as possible/eligible before the judge/court makes any decision.
3.8 You must say if there is any offence for which you may go to court or which is
awaiting hearing in court. This includes having been arrested for an offence and
waiting to hear if you will be formally charged. If you have been arrested and not told
that charges have been dropped, or that you will not have to appear in court, you
may wish to confirm the position with the police.

3.8 from AN-Guide

User avatar
ariskar
Member of Standing
Posts: 319
Joined: Mon Mar 13, 2017 3:23 pm
Location: London, UK
Mood:
Greece

Re: Eligible for naturalization?

Post by ariskar » Fri Feb 02, 2018 8:51 am

bruteforce wrote:
Thu Feb 01, 2018 11:27 pm
ariskar wrote:
Thu Feb 01, 2018 11:43 am
Apply as soon as possible/eligible before the judge/court makes any decision.
3.8 You must say if there is any offence for which you may go to court or which is
awaiting hearing in court. This includes having been arrested for an offence and
waiting to hear if you will be formally charged. If you have been arrested and not told
that charges have been dropped, or that you will not have to appear in court, you
may wish to confirm the position with the police.

3.8 from AN-Guide
Employment tribunals do not arrest employers or their representatives for potential contractual breaches or wrong practices. Breaches of employment law or dismissal compensation claims are made against business entities, not individuals.

If a court rules that a company has breached some employment law towards a worker, the company is ordered to pay compensation or apply other remedies to the worker (e.g. rehire).

The employer representative, manager or director in most cases is not convicted PERSONALLY or ordered to pay PERSONALLY compensation. The only case this may happen is if the employee claims whistleblowing damages/dismissal for reporting a crime committed by a certain employee/manager/employer representative. In that case indeed the certain manager may face personal charges for the alledged crime itself.

When an employee has a successful employment tribunal claim it is against the business, not the person. If the business loses the case, the penalty it is on the record of the business and not the individual. If the business is a self-employment which hired or sub-contracted a worker and compensation is awarded, the compensation is paid by the business account and in most cases counts as net income deductible for the person running this self-employment.

Employment law compensation is not a fine or penalty charge notice equivalent. Breaches of employment law are commited by businesses, NOT individual workers, directors or managers of the businesses.

If the ex-worker that accuses the OP wins compensation, this is not part of the criminal record of the OP as an individual, unless it implies criminal acts committed by the OP which could be changed and judged by a different non-employment court, with the prosecutor usually being the competent state authority and not the ex-worker who brought the allegation to light.

I hope this clarifies my previous post. I would advise the OP to get independent legal advise based on the nature of the claims against his self-employment business/company.

User avatar
bruteforce
Senior Member
Posts: 942
Joined: Tue Sep 22, 2009 7:15 pm
Mood:
Pakistan

Re: Eligible for naturalization?

Post by bruteforce » Fri Feb 02, 2018 8:57 am

The OP has not mentioned that this is an employment court. Any sort of beloved allegations would be dealt by police IMO & that is why I referred to AN guidance. Besides, if the OP is self employed, then he or she is responsible for any liabilities imposed by any civil courts including employment tribunals.

User avatar
ariskar
Member of Standing
Posts: 319
Joined: Mon Mar 13, 2017 3:23 pm
Location: London, UK
Mood:
Greece

Re: Eligible for naturalization?

Post by ariskar » Mon Feb 05, 2018 6:23 am

bruteforce wrote:
Fri Feb 02, 2018 8:57 am
The OP has not mentioned that this is an employment court. Any sort of beloved allegations would be dealt by police IMO & that is why I referred to AN guidance. Besides, if the OP is self employed, then he or she is responsible for any liabilities imposed by any civil courts including employment tribunals.

Code: Select all

I'm in court with an ex worker.
This is what I used to infer employment tribunal from the OP post.

Code: Select all

dearly beloved hatred
True. If the OP is sued for an act of facial hatred, this could be a civil court and not employment tribunal.

The OP would have to specify if this refers to an employment tribunal or a civil court.

Locked