seizure of cigarettes - any impact on naturalization app?

[boloney]

hi. few moths ago I was stopped in the UK airport by customs with 11 000 of cigarettes. they were seized from me. because they for my own use I have submitted `notice of claim`. now customs reviewing the case, and it will end up in court. cigarettes were for my use and they were from EU country, tax has been paid on them in another EU member state, so by the law I can bring as much as I like, but UK customs can stop me if I have more than 800 and interview, which they did, and after the interview they said they don`t think I can afford to buy so many at one time.
anyway, will this have any impact on AN for if I send it in couple months? (before the case go court).
another question, I hold PR since 2009, do I have to prove that I been living in the UK since? by submitting bills, bank statements, etc?

[geriatrix]

In legal terms, by making a Notice of Claim you are asking HMRC or UKBA to start court action known as condemnation proceedings. These proceedings decide whether something was seized lawfully by HMRC or UKBA and if ownership should pass to them. The proceedings do not involve court action against any person to decide if they are guilty of an offence in relation to seized things, such as smuggling.

So, condemnation proceeding, in itself, should not have any affect on your naturalisation application.

What does the C156 issued to you state?
Have you been accused of any criminal activity for this attempt to bring in 11000 cigarettes or accused of any offence under the UK customs and excise laws?

[boloney]

In legal terms, by making a Notice of Claim you are asking HMRC or UKBA to start court action known as condemnation proceedings. These proceedings decide whether something was seized lawfully by HMRC or UKBA and if ownership should pass to them. The proceedings do not involve court action against any person to decide if they are guilty of an offence in relation to seized things, such as smuggling.

So, condemnation proceeding, in itself, should not have any affect on your naturalisation application.

What does the C156 issued to you state?
Have you been accused of any criminal activity for this attempt to bring in 11000 cigarettes or accused of any offence under the UK customs and excise laws?

only sate that 11000 ciggs has been seized.
when I was stopped custom officer said to me that I`m not arrested and can go if I like (without ciggs and any paperwork).

[geriatrix]

You may wish to mention the impending court action and details of the incident, but it should not affect your naturalisation application ... even if there may be a delay in processing while HO verifies the facts.

[boloney]

You may wish to mention the impending court action and details of the incident, but it should not affect your naturalisation application ... even if there may be a delay in processing while HO verifies the facts.

do you think that they may delay processing and wait for court decision? and if court say that I`m guilty HO will refuse?
or even if I loose there is no grounds to refuse citizenship?

[boloney]

I was also given warning letter, as below:
Warning of liability to prosecution.
The goods listed on form ENF156attached have been seized under section 139 of the CaEM Act 1979. This is without prejudiceto any other action that HMRC may take against you in connection with this matter. This may include but is not limited to issuing you with the assessment for the tax and duty evaded and a wrongdoing penalty or referral to the relevant Prosecution Service to consider instituting prosecution proceedings. A person guilty of fraudulent evasion of duty under section 170 of the customer and excise management act is liableto an unlimited fine and/or up to seven years imprisonment.

Does it means that I`m not of good character any more?
what are my chances of making successful app? just don`t want lose app fee. Case will be taken to court unless HMRC give up before.
do HO take only judgments into account while considering app?

[mlove]

If the 11000 cigarettes were truly for you ( would seem like a 1 year supply? ), the law states you have the right to bring them into the country.

It doesn't seem you've done a very good job convincing them all the cigarettes were for you - and the most recent letter, though designed for the maximum amount of intimidation, is not making your case look very good.

If you really want your citizenship at some point, you may want to just consider agreeing with them they can have the cigarettes ( assuming it's not too late for that ) and they can just forget the whole thing.

Otherwise, your "good character" requirement is not looking so good. I would guess any form of a prison sentence or substantial fine ( if this is actually possible and not just a scare tactic ) would mean no chance for citizenship approval.

[boloney]

If the 11000 cigarettes were truly for you ( would seem like a 1 year supply? ), the law states you have the right to bring them into the country.

It doesn't seem you've done a very good job convincing them all the cigarettes were for you - and the most recent letter, though designed for the maximum amount of intimidation, is not making your case look very good.

If you really want your citizenship at some point, you may want to just consider agreeing with them they can have the cigarettes ( assuming it's not too late for that ) and they can just forget the whole thing.

Otherwise, your "good character" requirement is not looking so good. I would guess any form of a prison sentence or substantial fine ( if this is actually possible and not just a scare tactic ) would mean no chance for citizenship approval.

Well 6440 was for me and 5000 for my wife. Thats about 6 months for me and about 8-9 months for my wife. As I don't travel very often to poland that was for my own use. My next trip to poland maybe in 2014. Usually I go abroad once a year so thats why I had so much on me.
I'm about to send join app, my wife one will get approved she is clean.
Should I wait until end of this case?

[mlove]

The whole case is probably 50/50.

I recall a story of a Saudi prince who once brought over a whole truckload of cigarettes and fine alcohol from France. They believed it was for personal use and just flagged it through. The limit is arbitrary.

Seems a pity they went after the little guy. Again, the letter they sent you seems like sheer intimidation.

However you must weigh the pros and cons. My girlfriend's from Poland and brings over a few over the quite arbitrary "limit" all the time. The cost of cigarettes is rising in PL - a couple of years ago they cost peanuts.

850+ for a failed naturalization is a good piece of change.

[boloney]

The whole case is probably 50/50.

I recall a story of a Saudi prince who once brought over a whole truckload of cigarettes and fine alcohol from France. They believed it was for personal use and just flagged it through. The limit is arbitrary.

Seems a pity they went after the little guy. Again, the letter they sent you seems like sheer intimidation.

However you must weigh the pros and cons. My girlfriend's from Poland and brings over a few over the quite arbitrary "limit" all the time. The cost of cigarettes is rising in PL - a couple of years ago they cost peanuts.

850+ for a failed naturalization is a good piece of change.

I haven`t been to Poland since 2010 before last trip in August. this why I had so much.
I have another question, which maybe silly but worth asking
I`m regular blood donor registered with National Blood Service since 2005, have made 17-18 donations since. do you think it`s worth mentioning that on the AN form and submitting prove of it with AN form?
that may rise HO opinion about my character
I don`t get pay for it, just do it for others, every little helps

[boloney]

Changes in the assessment of good character in citizenship applications - last changes to the Nationality Instructions. what does it means in my case? am`I better off now?