British Citizenship – Good Character Requirement FAQs

[feliteodor]

A big congratulations to you then! Don't worry, the hardest part of it is finished for you, what's left is simple acknowledgements , no more waiting and stress for you. Good luck with the rest of the process!

[royh]

Local authority cautions does not come under convictions, however, the caution letter itself states the fraud act 2006. This is only applicable should the local authority proceed with court case. Local authority cautions are used for council tax fraud, misuse of disable badge, misuse of parking permits and scratch cards, inappropriate rubbish disposal, littering etc.

Its not going to pop up on any police computers or crb. Upto you to disclose it or not.

interesting; I thought it was a lot more serious

If you want to be absolutely sure 100% send a tenner to the police checking thing and if it's not on their computers than it won't appear when the HO check the system aswell. http://www.immigrationboards.com/viewto ... 473#925473

^ I sent a letter today to ask for the first option and provided a photocopy of my passport (foreign) and bank statement and a cheque for 10 plus the paperwork. I'll know for sure what I can and cannot put.

[Derivaz]

A big congratulations to you then! Don't worry, the hardest part of it is finished for you, what's left is simple acknowledgements , no more waiting and stress for you. Good luck with the rest of the process!

Cheers; I don't know about stress haha, they could still lose my certificate or it could have the wrong details on it (although it looks fine on the approval letter)... I'm supposed to get another invitation letter from the NCS, but haven't yet; I've called them today and they say I'll get it this week... if not, I guess I'll call them again on Friday to let them know i didn't get it and turn up on the day with the HO letter and my ID; they said the HO letter is enough.

[Derivaz]

Local authority cautions does not come under convictions, however, the caution letter itself states the fraud act 2006. This is only applicable should the local authority proceed with court case. Local authority cautions are used for council tax fraud, misuse of disable badge, misuse of parking permits and scratch cards, inappropriate rubbish disposal, littering etc.

Its not going to pop up on any police computers or crb. Upto you to disclose it or not.

interesting; I thought it was a lot more serious

If you want to be absolutely sure 100% send a tenner to the police checking thing and if it's not on their computers than it won't appear when the HO check the system aswell. http://www.immigrationboards.com/viewto ... 473#925473

^ I sent a letter today to ask for the first option and provided a photocopy of my passport (foreign) and bank statement and a cheque for 10 plus the paperwork. I'll know for sure what I can and cannot put.

I'd do that too if I had any doubt; a tenner is nothing and you know if you have any criminal record; not just for BC, but in general...

[Rembrandt]

Hi there,

I'm in the process of applying for naturalisation and have been reading through this forum on the good character requirement. And I'm suddenly very concerned. Back in 2007 when I was a lot younger and stupider I was involved with a rough crowd and ended up being caught with some ecstasy pills on my way to Glastonbury festival. Scariest moment of my life and certainly scared me straight since.

I'm now wondering if this could have bearing on my application and even more importantly could admitting this offence possibly impact my already granted ILR?

The offence was a few years back and I don't recall exactly what it was classified as. I was advised that nothing would be on my record unless I had another drug relation offence within the next 3 years so for all intents and purposes my record would remain clean. There was no court involvement and although I was arrested I was let go within an hour. I just had to go for an interview at the station a couple weeks after where they advised that there would be no further action.

I'm feeling I should declare this but I'm unsure what I will be declaring it as. I haven't mentioned in the ILR application as I assumed since it had been over 3 years that it wouldn't be on my record. I will be going ahead with the SAR check anyway, but if anyone has any advice or any knowledge of what the police action would be classified as it would be greatly appreciated. Really wish I could slap 'past me' round the head.. Won't be sleeping tonight I think!

[Amber]

Nothing to worry about, as no further action was taken and you've no previous or future criminality..

[Rembrandt]

Nothing to worry about, as no further action was taken and you've no previous or future criminality..

Thanks for the response, so should I be declaring it at all?

[Derivaz]

Nothing to worry about, as no further action was taken and you've no previous or future criminality..

Thanks for the response, so should I be declaring it at all?

I think you have to declare it only if it's a conviction

[Amber]

You have to declare convictions, cautions, warnings, reprimands etc.... There is a new clause to declare anything that could bring your character into doubt but I would say no, if no further action was taken.

[Derivaz]

You have to declare convictions, cautions, warnings, reprimands etc.... There is a new clause to declare anything that could bring your character into doubt but I would say no, if no further action was taken.

even FPNs? if so, it sounds like they have changed it in October....

[fon31000]

I hope you can help me. i have tried everywhere to find out exactly what the spent time is on council tax liability orders is. The problem is I have 2 in mine and my husbands name , I will be able to apply for citizenship next year.
The first was early 2009 not exactly sure when as we have no paperwork for this and we honestly both cant remember getting as we didn't even know we had it until we requested a council tax account statement , we then phoned them to esquire about it but they couldn't tell us much about it as it was so long ago. The second one we got in July 2010 but with either of them we never attended court as the first one was settled in full and the second by special payment arrangement with them. They still got the orders put in place as they said it was their policy so to prevent us from defaulting on the special payments. First I phoned the UKBA the woman who answered said three years and we must declare them even thou they are spent. secondly we phoned a immigration solicitor who told us five years and we don't need to declare then when they are spent.
we are confused I hope somebody can help please.

[Amber]

They are both wrong, a liability order is not a conviction nor a CCJ. It does not become 'spent' as it is not considered under the 1974 Act. So long as you have arranged a repayment programme or paid in full, you should be ok and there would be no need to declare it.

[Derivaz]

They are both wrong, a liability order is not a conviction nor a CCJ. It does not become 'spent' as it is not considered under the 1974 Act. So long as you have arranged a repayment programme or paid in full, you should be ok and there would be no need to declare it.

But don't you think that the HO would (wrongly) assume that it's a conviction as that what the person he spoke on the phone with seems to think, and reject it if it wasn't longer than 3 years ago?

I mean, like you said, this HO person was wrong, but they are the ones making the decisions, so it might be a good idea to go by what they say, even if they are wrong?

[Derivaz]

I hope you can help me. i have tried everywhere to find out exactly what the spent time is on council tax liability orders is. The problem is I have 2 in mine and my husbands name , I will be able to apply for citizenship next year.
The first was early 2009 not exactly sure when as we have no paperwork for this and we honestly both cant remember getting as we didn't even know we had it until we requested a council tax account statement , we then phoned them to esquire about it but they couldn't tell us much about it as it was so long ago. The second one we got in July 2010 but with either of them we never attended court as the first one was settled in full and the second by special payment arrangement with them. They still got the orders put in place as they said it was their policy so to prevent us from defaulting on the special payments. First I phoned the UKBA the woman who answered said three years and we must declare them even thou they are spent. secondly we phoned a immigration solicitor who told us five years and we don't need to declare then when they are spent.
we are confused I hope somebody can help please.

Could I ask what number did you ring to contact the HO?

[fon31000]

The number i called was 08706067766 I think it was the Croydon office. As i said both of them were settled with no further action taken against us i.e bailiffs etc. We did obviously had to pay court costs of 50+ pounds for each order. I hope you can give us a definite answer on these as i am completely lost and have spent lots of time trying to find the answers
.
kind regards

[Derivaz]

The number i called was 08706067766 I think it was the Croydon office. As i said both of them were settled with no further action taken against us i.e bailiffs etc. We did obviously had to pay court costs of 50+ pounds for each order. I hope you can give us a definite answer on these as i am completely lost and have spent lots of time trying to find the answers
.
kind regards

Ah ok, did they give you useful info there?

Regarding your issue; I'd go with what Amber says; nothing is certain with the HO, but she's the most knowledgeable person here; so following her advice, you'll have the highest chance of success.

[fon31000]

Hi

i am really sorry but would it be best to declare them or not ? and are they classed as civil judgments\fines ?
sorry to keep asking i do really appreciate your time to reply to us.

kind regards

M

[Derivaz]

Hi

i am really sorry but would it be best to declare them or not ? and are they classed as civil judgments\fines ?
sorry to keep asking i do really appreciate your time to reply to us.

kind regards

M

according to Amber, you need to pay it in full and there is no need to declare it; so I would do that.

[rashidkhan]

Hi Amber,

While filling British Passport Application form for my newborn (Both parents had ILR when born) I am confused about following sections:

Section 4 = We are not supposed to tick any of the 4 tickboxes, right? Both of us are ILR holders but not British Citizens yet, the guidance notes mentions:
" If both parents are born abroad then I need to provide Full name, town, country, date of birth and date of marriage of our grandparents. Write these details in section 8 or on a separate piece of paper."
Should we write our parents details who were born in India in section 8 or should we write both of our names and our residence permit numbers in section 8? Where should we provide our ILR details as there seems to be nowhere in the form to mention them. I am confused.

Section 5 = Since its a newborn born to both ILR parents, should we tick NO and leave everything blank in section 5?

Thank you!

[rashidkhan]

Hi Amber,

I am applying for British Citizenship.

I have had a number of PCN some of which i appealed against and got cancelled and some i paid.

I received a London Congestion Charging zone charge as i had driven through the zone without paying and forgotten, i dont know if that is a FPN or a PCN but i paid that.

Just now i have received a charge for having a vehicle without insurance while not declaring it in SORN (i was selling the vehicle and have now sold), i am not sure if this is considered a PCN or a FPN.

I also had an an offence code MW10 for which i appealed guilty via post and received court judgement by post- 3 points and paid £100 in 2007, the 3 points are gone now, should i declare that as well or not?

Exactly what from the above should i or shouldn't i declare or Should i declare all these on the application form or not?

Thank you

[Amber]

See the passport guide, that will tell you what sections need completing.

The conviction must be declared, I would also declare the latest insurance issue, assuming a FPN. However, if not an FPN there appears to be no need to declare PCN/PNDs unless they involve for example, drugs or violence. Though, this is obviously open to interpretation.

[rashidkhan]

See the passport guide, that will tell you what sections need completing.

The conviction must be declared, I would also declare the latest insurance issue, assuming a FPN. However, if not an FPN there appears to be no need to declare PCN/PNDs unless they involve for example, drugs or violence. Though, this is obviously open to interpretation.

I have seen the Passport Guide but it does not answer clearly thats why i asked. I will rephrase my question:
1) Do the parents of a newborn born while both were holders of ILR have to write details of their parents in section 8 or not?
2) Where do the parents show the fact that they are ILR holders because their is only mention of BC on the form.

London Congestion Charging Zone charges = is that a FPN or a PCN? how do i find out?

Having a vehicle without insurance in garage (not driving) & not declaring SORN is that charge a FPN or PCN?

If both congestion charging & No SORN are both FPN and i had the previous FPN in 2008 then does that mean i cannot apply as i have had 3 FPN and will get refused?

Im worried now!

[Amber]

You would need to send proof that you had ILR at the time of the child's birth (assuming the child was born in the UK) this could be shown with the BRP. Grandparent's details are not required if the application is not based on this. You can fill in the details if you know them, if not just wrote unknown.

The congestion charge should be a PCN. The other will also be a PCN unless stated otherwise.

[Derivaz]

You would need to send proof that you had ILR at the time of the child's birth (assuming the child was born in the UK) this could be shown with the BRP. Grandparent's details are not required if the application is not based on this. You can fill in the details if you know them, if not just wrote unknown.

The congestion charge should be a PCN. The other will also be a PCN unless stated otherwise.

rashidkhan said something that sounds a bit unusual; (s)he was fined for having an uninsured car parked in the garage? obviously driving an uninsured car is illegal, but if it's parked, can you actually get fined for that?

[rashidkhan]

You would need to send proof that you had ILR at the time of the child's birth (assuming the child was born in the UK) this could be shown with the BRP. Grandparent's details are not required if the application is not based on this. You can fill in the details if you know them, if not just wrote unknown.

The congestion charge should be a PCN. The other will also be a PCN unless stated otherwise.

rashidkhan said something that sounds a bit unusual; (s)he was fined for having an uninsured car parked in the garage? obviously driving an uninsured car is illegal, but if it's parked, can you actually get fined for that?

That's right, I was shocked as well and have emailed dvla about my situation and waiting for response but apparently you have to declare "statutory off the road notice" or SORN and as I couldn't do that since I was selling my car (declaring SORN cancels car tax as well) I got their letter that I now have been fined £100 & if I pay early then its £50! Its so unfair