British Citizenship – Good Character Requirement FAQs

[Amber]

You have a criminal conviction, although spent, declare it. As it was more than 3 years ago you should not be refused on the grounds of Character.

[Heisgood]

You have a criminal conviction, although spent, declare it. As it was more than 3 years ago you should not be refused on the grounds of Character.

Thanks for you help Amber. Appreciate your time.
I will declare it just not under criminal conviction as the police states this is not a criminal offence. If you have documentation stating that a traffic light breach or breaking the speed limit is a criminal offence then please post the link. It may help others.
It also means 70% of the UK driving population have a criminal conviction...That's scary !

[Amber]

You were fined at court not by the Police! Most people get FPNs issued by the police so 70% of people would not have convictions.

[Pqek]

You have a criminal conviction, although spent, declare it. As it was more than 3 years ago you should not be refused on the grounds of Character.

Thanks for you help Amber. Appreciate your time.
I will declare it just not under criminal conviction as the police states this is not a criminal offence. If you have documentation stating that a traffic light breach or breaking the speed limit is a criminal offence then please post the link. It may help others.
It also means 70% of the UK driving population have a criminal conviction...That's scary !

Heisgood, have you done a SAR of the PNC? Most likely will be clean. I'm in a similar situation and it's clean. I will declare it anyway when my turn comes as I did when I applied for ILR. My conviction was in October 2008 for SP30 pleaded guilty in court.

[Amber]

You have a criminal conviction, although spent, declare it. As it was more than 3 years ago you should not be refused on the grounds of Character.

Thanks for you help Amber. Appreciate your time.
I will declare it just not under criminal conviction as the police states this is not a criminal offence. If you have documentation stating that a traffic light breach or breaking the speed limit is a criminal offence then please post the link. It may help others.
It also means 70% of the UK driving population have a criminal conviction...That's scary !

Heisgood, have you done a SAR of the PNC? Most likely will be clean. I'm in a similar situation and it's clean. I will declare it anyway when my turn comes as I did when I applied for ILR. My conviction was in October 2008 for SP30 pleaded guilty in court.

Getting PNC data is irrelevant for nationality purposes, the fact that 3 years has lapsed is the important factor for a non custodial conviction.

[polandcalling]

I'd be very grateful if someone could reassure on this as this is doing my head in. I applied for naturalisation a week ago, money has been debited already so I am now waiting for the COA letter. About 3 years ago, March 2010 , my wife called the police on me because I was drunk and we had an argument but I never hit her, I was not arrested nor fined. About 3 weeks ago, we had a big argument and she called the police on me, they asked her if I had hit her and she said no which is the truth, if I had hit our 4 year old child, she said no, if she wanted me to get arrested and she said no, if she felt safe by me spending the night at home and she said yes, she just said that she was upset because I was very drunk and called her names etc etc. Anyway before they left, my wife asked them if the fact that she called the police on me would affect me in any way, the police officer said NO and that this incident would not even show up if I was to be CRB checked. My question is, was this a CAUTION? even it this does not show up if I got a CRB? is there anyway the HO can find about this small incident? if so, would they refuse my application based on this? as I said before, I was not arrested or fined, the police officer just talked to me asking me to control my temper next time and that was it.
I am worried to death that this could affect my application for naturalisation as I do not want to lose £874 that I have already paid. ANy advice, comment, suggetsion will be highly appreciated. Many thanks

[Amber]

I'd be very grateful if someone could reassure on this as this is doing my head in. I applied for naturalisation a week ago, money has been debited already so I am now waiting for the COA letter. About 3 years ago, March 2010 , my wife called the police on me because I was drunk and we had an argument but I never hit her, I was not arrested nor fined. About 3 weeks ago, we had a big argument and she called the police on me, they asked her if I had hit her and she said no which is the truth, if I had hit our 4 year old child, she said no, if she wanted me to get arrested and she said no, if she felt safe by me spending the night at home and she said yes, she just said that she was upset because I was very drunk and called her names etc etc. Anyway before they left, my wife asked them if the fact that she called the police on me would affect me in any way, the police officer said NO and that this incident would not even show up if I was to be CRB checked. My question is, was this a CAUTION? even it this does not show up if I got a CRB? is there anyway the HO can find about this small incident? if so, would they refuse my application based on this? as I said before, I was not arrested or fined, the police officer just talked to me asking me to control my temper next time and that was it.
I am worried to death that this could affect my application for naturalisation as I do not want to lose £874 that I have already paid. ANy advice, comment, suggetsion will be highly appreciated. Many thanks

It should have no affect and was not a police caution. A simple word of advice, don't get drunk and don't abuse your loved ones, life is too short to subject people to that, treat your family with respect.

[polandcalling]

Just call me Amber
Thanks for your answer which has put me at ease and yes I have promised myself to stop drinking as this has been the cause of many arguments between my wife and myself. By the way just for curiosity, what is a police caution? also has anyone been in my position before, I mean, been told off by the police without a CAUTION just before applying for naturalisation as BC? thanks very much.

[Amber]

A police caution is an official warning given by the police when you admit to an offence, it's a way of dealing with a person who had committed an offence without getting the courts involved. It is not a conviction, but rather an out of court disposal. A simple police caution is treated as a non-custodial sentence for the purpose of nationality applications. Many people have had 'contact' with the police and later applied, successfully, for citizenship.

[Derivaz]

A police caution is an official warning given by the police when you admit to an offence, it's a way of dealing with a person who had committed an offence without getting the courts involved. It is not a conviction, but rather an out of court disposal. A simple police caution is treated as a non-custodial sentence for the purpose of nationality applications. Many people have had 'contact' with the police and later applied, successfully, for citizenship.

Hi Amber

Could this depend on how they police reported it? I mean it can't be a conviction, because he was obviously not convicted and there was no trial, etc.., but could it be a caution if they police reported it as being drunk and disorderly?
also, isn't verbally abusing people a crime, in itself? shouting abuse in front of a child (drunk or sober) sounds like a pretty disturbing and harmful thing to do....

[Amber]

No, you would need to be arrested and processed before a police caution could be given, you also need to give informed consent before the police can issue a caution.

Yes, abusing a person can be an offence under the Public Order Act 1986, though for a section 1 offence there is a statutory defence when the defendant was in a dwelling. However, an assualut (the fear of violence is enough) or more serious offences under the Offences against the Person Act 1861 can be committed from using words that cause psychological harm.

[polandcalling]

Just call me Amber
Thanks so much for such a helpful answer. By the way, I got my COA today and I shall keep the forum updated about the outcome of my application for naturalisation as BC. Thanks very much.

[sgc]

Thanks Amber, this is a helpful thread! I remember you helping me out before.

To anyone who reads this, do you know anyone who has been refused citizenship on the basis of a caution even though the application was made AFTER 3 years of the caution?

I realise that applying WITHIN 3 years of the caution is a probable rejection, but I haven't seen anyone mention that they got accepted AFTER the 3 years, so it would be nice to know.

Also it may be helpful to note what type of offence the caution was for (e.g. dishonesty, violence, unlawful sexual activity, drugs, recklessness).

Recently a forum member was accepted after a simple police caution for assault had lapsed. There success is on this thread. Another person was recently rejected when trying to use discretion for 'one minor non custodial conviction' that had not lapsed.

You mean this thread (there doesn't seem to be any hyperlink on the text)? I did a search in this thread and forum but haven't found anyone mention that. I appreciate any pointers in the right direction.

Hi, I'm still hoping someone can point out examples of people who got through after the 3 year period. Thanks in advance.

[Amber]

I have had a number PM me. There were some on the forum, search for keyword: conviction and look back over the last few months. I have asked this user - http://www.immigrationboards.com/viewto ... conviction - for an update as they had a caution which had lapsed.

[sueszabo]

my husband was caught driving without a licence and insurance in 2006. he had to go to court and pay the fin 350 £. he wants to apply for british citizenship. will he be refused? since then he got the licence and insurance. no other convictions

[Amber]

He must declare the conviction, but as 3 years has lapsed he should not face a refusal for this offence.

[sueszabo]

my husband was caught driving without a licence and insurance in 2006. he had to go to court and pay the fin 350 £. he wants to apply for british citizenship. will he be refused? since then he got the licence and insurance. no other convictions

are you sure about that he meets the good character requirement? do you know anyone who did or did not get for this reason? thanks

[Amber]

Yes I am sure, read the FAQ on page 1 of this thread.

[sueszabo]

Yes I am sure, read the FAQ on page 1 of this thread.

sorry for asking, just want to make sure, because on home office website says this is reckless condition and they take it serious thanks

[Amber]

Yes it is reckless, but the prescribed period of 3 years has lapsed.

[sgc]

Hi, another thing I'm hoping may be clarified.

This document notes that cautions come under the 'non custodial offence' threshold, but the UKBA doesn't seem to state anywhere (including the application form and guide/booklet) that their definition of a conviction includes cautions. If I'm understanding this, the UKBA is not implying that they consider cautions to be convictions, just that they share the same sentence threshold (3 years) for non-custodial offences.

So if someone has a caution but not technically a conviction, should it be mentioned on the application form in sections 3.16 and 3.17, instead of sections 3.6 and 3.7?

Thanks again.

[VR]

SQC,

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide.

A caution is a formal warning or a non-statutory disposal of a minor offence.

Yes it is unfortunate this has been clubbed with all non-custodial offences after sec140 of the LASPO ACT was adopted by the Border agency. Ideally they should include internal guidance to ignore it.

Just tick Yes in 3.6 and give the details in 3.7 end of story.
3.10 to 3.16 check No
Good luck
VR

[Amber]

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

[sgc]

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

[Amber]

If you answer Yes to any of the questions under Sec 3.10 to 3.16, it is akin to commiting Naturalization Suicide. ... Just tick Yes in 3.6 and give the details in 3.7 end of story. ... 3.10 to 3.16 check No

If you have a police caution you would tick no to the criminal conviction question but include all the details about the caution, offence and date given, in the extra information box.

A police caution is not a conviction.