British Citizenship – Good Character Requirement FAQs

[VR]

UK86,

Further to Amber's advise , I thought I should add this, after looking at your post.

As you mention you are unemployed, I thought I should as a matter of due diligence let you know that in UK they have outdated laws when it comes to Criminal Records. The Rehabilitation of Offenders Act 1974 is a draconian, outdated legislation which is not fit for purpose.

When you apply for jobs make sure you disclose your offences or you might be committing a criminal offence failing to disclose, which will jeopardize your chances of Naturalising further.

Also stay out of trouble as the UKBA can use ''Pattern of offending'' to deny you after years of paying tax and contributing to the economy.

cheers
vr

[Jonriker]

hi, I just submitted my application.

General question about good character though, is that, if you get any more parking tickets after the submission...

Does one have to let Home Office know, even though one has already applied?

[padi]

I am married. But separated. From partner so I claim child tax in my name only. Will this affect my naturalisation application? Pls I need advise urgently

[rrmaruti]

My ILR is due in April 2014. I was caught by policeman on 24.06.2012 with a laser speeding gun for speeding on a road having a speed of 30 mph and I was doing 64 mph. I got summoned from court and I plead guilty and the judge fined me £400 and gave me 6 points on my license on 10.01.2013 I explained to judge about the mitigating circumstances and he was convinced and did not banned me for driving. I am having clean license for last 3 years before this incidence happened. My question is will I have any problem in my ILR. Can u please advise what should I do?

[VR]

rrmaruti,

You should have been given an option to do a driver awareness in lieu of the points?? Aaah 64miles, maybe dangerous driving......

You will have to apply for FLR in Apr-14 and then after June-14 for your ILR worst case.
cheers
vr

[VR]

Padi,

This has no bearing on your Application for Naturalisation.
cheers
vr

[VR]

johnriker,

If its a one off you can ignore. But if you got a few I would not risk it and will inform them. They have a right to check the pattern of offending and refuse on this ground and can also accuse you of deception if you do not disclose especially when there are numerous tickets in a short time. This will automatically attract a 10 year ban.


cheers
vr

[MattSule]

My ILR is due in April 2014. I was caught by policeman on 24.06.2012 with a laser speeding gun for speeding on a road having a speed of 30 mph and I was doing 64 mph. I got summoned from court and I plead guilty and the judge fined me £400 and gave me 6 points on my license on 10.01.2013 I explained to judge about the mitigating circumstances and he was convinced and did not banned me for driving. I am having clean license for last 3 years before this incidence happened. My question is will I have any problem in my ILR. Can u please advise what should I do?

Guys,
In my own view this is a conviction BECAUSE he was summoned to court and it will be on the PNC. This is not an ordinary FPN because it's been issued by the court.

You must declare it on your application form. If this is the single -ve that you have on ur record it may be overlooked by HO.

Under ILR application conviction of this type clears after two years - pls correct me if I'm wrong.

Personally I will wait till at least 2015 before applying for ILR. PLS seek professional legal advise

[VR]

Hi Mattsule,

You are right. Since he was summoned to Court and given a fine it is classed as a serious offence.

I am not sure if its a one off it will make any difference if he outlines the mitigating circumstances and the fact that he was not banned from driving (inspite of the fact that the speed was more than 2 times the limit).

Hence I suggested worst case he would be looking at applying for FLR and then June-15 (14 was a typo).
cheers
vr

[NicoleAmelie23]

I already send my application and I forgot to fill the tax reference will it be a reason to be refused

[sgc]

When you apply for jobs make sure you disclose your offences or you might be committing a criminal offence failing to disclose, which will jeopardize your chances of Naturalising further.

When it comes to most jobs in the UK, usually only certain criminal convictions are checked for (e.g. unspent), in which case simple cautions do not need to be disclosed. The applicant should fully understand what is being asked for and act accordingly.

[vjd]

Hi Guys,

Please help me. I am eligible to apply for naturalization now but I have two convictions that worry me .

1) IN-10 Driving without Insurance , 6 points and 250 pounds fine (attended court) . Conviction date July 2008. No points on counterpart now.

2) Fixed Penalty :- Driving whilst using a mobile Phone. 3 points and 80 pounds (Fixed penalty , not in court) , Conviction date March 2010. 3 Points remaining on counterpart and they are coming off in March 2014.

Both the offences were committed 3 years ago but I am worried whether the HO will regard my case as a person who has a pattern in driving offences even though there is a gap of 1.5 years between both offences and 4 years have past since the last offence.

I have no other convictions , Will this pose a threat to my application ?

Also , I have absences of 637 days in the 5 year qualifying period , but I was a resident here since 2005 (over 8 yrs) and own a home , car and live with my wife. Booklet AN says the caseworker will only exercise discretion in absences upto 900 ONLY if I MEET ALL THE REQUIREMENTS + HOME + FAMILY + ESTATE. Hence it is imperative for me that the good character requirement needs to be satisfied for them to allow discretion on the excess absences.

Please convey your valuble thoughts.
Thanks in advance

vdas

[Amber]

A FPN is not a conviction, thus, for Good character there shouldn't be an issue.

[Chancee]

hi can you please advise about police caution i have.
i am eligible for citizenship i had police caution in march 2011 i have been to NCS last month to submit the application and they did not accept the application because of caution.told me to apply 2014.i want to take chance and apply before i have many things to do abroad in few coming months. is there any way i can apply through NCS here is brief of caution.

me and my wife had arguments then i went out after my sister in law called police and made false allegation that i have hit her all i did i just pushed her out of the way. in police interview they asked to admit the offence and i and they advised if i don't admit i need to go court and etc. in then i admitted and they let me go.

now i want to apply for citizenship and my wife willing to write a letter and she admit that in letter she made false allegation that time because her sister pushed her to do so.

i have been in UK since 2006 this is the only offence that came in my record.
regards

[Amber]

Pushing someone can easily amount to a battery. If you apply before you're almost certain to be refused. Moreover, it will be looked at negatively to not show remorse for your criminality.

If you believe the caution was 'forced' on you seek legal advice to see the chances of it being quashed.

[MattSule]

Chancre,
Your wife writing a letter may help but it's better to wait till march 2014 - it's just three months more...

[Amber]

MattSule, if someone openly admits to falsifying a criminal report, wasting police time etc... they can face prosecution. I would be very careful advising someone to do such. Like I said, pushing can amount to a battery and denying an offence shows no remorse.

[MattSule]

Amber,
I agree with you... my point was that he's better off waiting three more months since he was given a caution in march 2011.

[Chancee]

Thanks for advise better to wait 3 months even if I seek legal advise it will take time also.
Happy new year

Kind regards

[Ido]

Hi everyone, I'm a newbie here so apologies if I'm seeking clarification for an issue already thoroughly discussed. When does the 10 year ban start for British citizenship due to deception? I was granted ILR under legacy case in 2006. I had non the less exercised deception in my one and only asylum application in may 2002 by claiming to be a national of another country. HO suspected this and stated it as one of the reasons for denying me asylum in 2002.Despite this, ILR was granted later in 2006. Now if I apply for BC and state this(I intend to come clean) will I be automatically slapped with a 10 year ban starting on day of naturalisation refusal or I'm I safe to apply with a likelihood of being successful since the deception took place more than 10 years ago in 2002? All my financial and other good character requirements are in order. Any one with such an experience please enlighten me. Some senior members/ moderators/ members with similar experience please help.
Thanks in advance. Sorry didn't intend to hijack thread but have no idea how to start new thread-bear with me.

[Amber]

Suspected is not the same as decided. I can't see a problem here.

[Equinox]

Hi,
I have 3 point on my licence which is PC20 from 08/11/2010. I want to apply for naturalization in feb 14. Should I go ahead with these point or wait until they come off in November 2014. Please help mein this matter.
Regards

[Amber]

Go ahead if you meet the other requirements, include a copy of the paper counterpart.

[navalaviator]

Sorry posted twice the below

[navalaviator]

Thanks for advise better to wait 3 months even if I seek legal advise it will take time also.

As advised by amber you should be ok as far as the caution is concerned but again please read through the first page of this thread which focuses on to the good character requirement.

What exactly was your caution I mean the exact code or title used to explain your offence e.g. common assault etc.?

I been married last 8 years and been living and working in UK
Document I have it's valid for another 8 years i spouse to apply british citizenship. But need to wait another year I have been to court for driving offence. Can you plz advise divorce can still have effect on residency ?

http://www.immigrationboards.com/eea-ro ... ml#p964854

When did you go to court for the offence? if its not yet 'spent' then they might refuse you on the driving conviction if not on the caution and particularly if the driving conviction is not yet spent.