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queston regarding my cicumtances

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

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Splash
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queston regarding my cicumtances

Post by Splash » 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?.

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Casa
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Re: queston regarding my cicumtances

Post by Casa » 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
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Splash
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Posts: 47
Joined: Sun Jun 16, 2013 4:14 pm
United Kingdom

Re: queston regarding my cicumtances

Post by Splash » 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?.

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Djsuccess
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Re: queston regarding my cicumtances

Post by Djsuccess » Sat Dec 01, 2018 4:37 pm

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?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Casa
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Re: queston regarding my cicumtances

Post by Casa » 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'. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Splash
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Re: queston regarding my cicumtances

Post by Splash » Sun Dec 02, 2018 1:31 pm

Above stated conviction is the only conviction i have on my record. There is no other conviction in the past which has beendeleted before.

Splash
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Re: queston regarding my cicumtances

Post by Splash » 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'. :idea:
kindly anwer my queries thanks

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Djsuccess
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Re: queston regarding my cicumtances

Post by Djsuccess » Wed Dec 05, 2018 5:12 pm

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'. :idea:
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.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

Splash
Newbie
Posts: 47
Joined: Sun Jun 16, 2013 4:14 pm
United Kingdom

Re: queston regarding my cicumtances

Post by Splash » Thu Dec 06, 2018 10:15 am

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?.

Splash
Newbie
Posts: 47
Joined: Sun Jun 16, 2013 4:14 pm
United Kingdom

Re: queston regarding my cicumtances

Post by Splash » Tue Dec 11, 2018 10:09 am

anybody would like to share knowledge or experience

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CR001
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Re: queston regarding my cicumtances

Post by CR001 » Tue Dec 11, 2018 10:12 am

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.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Splash
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Posts: 47
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Re: queston regarding my cicumtances

Post by Splash » Wed Jan 09, 2019 4:54 pm

Thanks CR001

Splash
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Joined: Sun Jun 16, 2013 4:14 pm
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Re: queston regarding my cicumtances

Post by Splash » Wed Jan 09, 2019 5:00 pm

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.

Splash
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Re: queston regarding my cicumtances

Post by Splash » Sun Feb 17, 2019 2:11 pm

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.

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alterhase58
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Re: queston regarding my cicumtances

Post by alterhase58 » Sun Feb 17, 2019 5:26 pm

OK as your absence straddles two separate 12 month periods.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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