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Warning by UKBA and British Citizenship.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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semiautomatic
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Warning by UKBA and British Citizenship.

Post by semiautomatic » Wed Mar 21, 2012 7:02 pm

Hi, I would be grateful if someone can answer my question.

My naturalization application was sent to HO (by NCS) on 19th March 2012, and I was returning to the UK the same day from my visit to India. Unfortunately, I was carrying more than the allowed limit of Spirit and Cigarettes (purchased from duty free in India) and walked through the green channel. I was over the limit by 2 litres of spirit and 400 cigarettes. I was stopped by a customs officer who seized all my whisky and cigarettes (including the quota which was allowed). I was told since I agree to the seizure I would only be given a written 'warning letter' this time and my passport details put on UKBA systems, so if I commit this offence again I could be prosecuted. I agreed to let them seize my goods and accepted the warning letter. I was told by the officer they would not take this any further but the details would be put on customs (UKBA) computers.

My question is, do I need to provide this information to UKBA? Does this tantamount to being not of good character?

I understand this is not a criminal conviction but as per form AN guidance notes it says the following:

"You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago this was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any
doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so"

Does the above guidance mean 'involved in criminal activity' or does it mean I must tell them about warning letters also?

Can I ignore this as my application was already sent the day this happened?

Any advice/help would be appreciated.

Jambo
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Post by Jambo » Wed Mar 21, 2012 9:42 pm

Are you sure he said UKBA computer? I would think customs uses the HMRC system not the border agency one.

I don't think this fall within what you need to tell the HO about.

semiautomatic
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Post by semiautomatic » Wed Mar 21, 2012 11:00 pm

Many thanks for your reply!

Although I was a bit disturbed I am quite sure the officer mentioned UKBA computers. Also, the warning letter I received is headed (Home Office) UKBA, and I think 'customs' department now comes under Home Office.

Assuming this does go onto UKBA computers, are (first time) warnings taken seriously? I am unable to find any information on warnings in guidance booklet or caseworkers guide, it does however mention that 'cautions' should be ignored.

Although I trust they may not consider a warning as an offence and might be prepared to ignore it, is the fact I did not disclose it likely to cause any problems? Or are they ok if you do not disclose something which is not a serious crime or did not end up in a conviction?

samlondon
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Re: Warning by UKBA and British Citizenship.

Post by samlondon » Thu Jun 12, 2014 12:32 am

anyone received their approval who did not declared this hm customs warning ??

samlondon
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Re: Warning by UKBA and British Citizenship.

Post by samlondon » Thu Jun 12, 2014 12:49 pm

semiautomatic wrote:Hi, I would be grateful if someone can answer my question.

My naturalization application was sent to HO (by NCS) on 19th March 2012, and I was returning to the UK the same day from my visit to India. Unfortunately, I was carrying more than the allowed limit of Spirit and Cigarettes (purchased from duty free in India) and walked through the green channel. I was over the limit by 2 litres of spirit and 400 cigarettes. I was stopped by a customs officer who seized all my whisky and cigarettes (including the quota which was allowed). I was told since I agree to the seizure I would only be given a written 'warning letter' this time and my passport details put on UKBA systems, so if I commit this offence again I could be prosecuted. I agreed to let them seize my goods and accepted the warning letter. I was told by the officer they would not take this any further but the details would be put on customs (UKBA) computers.

My question is, do I need to provide this information to UKBA? Does this tantamount to being not of good character?

I understand this is not a criminal conviction but as per form AN guidance notes it says the following:

"You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago this was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any
doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so"

Does the above guidance mean 'involved in criminal activity' or does it mean I must tell them about warning letters also?

Can I ignore this as my application was already sent the day this happened?

Any advice/help would be appreciated.


HI THERE ... WHAT HAPPENED TO YOUR APPLICATION RESULT ??

semiautomatic
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Re: Warning by UKBA and British Citizenship.

Post by semiautomatic » Thu Jun 12, 2014 1:03 pm

samlondon wrote:
semiautomatic wrote:Hi, I would be grateful if someone can answer my question.

My naturalization application was sent to HO (by NCS) on 19th March 2012, and I was returning to the UK the same day from my visit to India. Unfortunately, I was carrying more than the allowed limit of Spirit and Cigarettes (purchased from duty free in India) and walked through the green channel. I was over the limit by 2 litres of spirit and 400 cigarettes. I was stopped by a customs officer who seized all my whisky and cigarettes (including the quota which was allowed). I was told since I agree to the seizure I would only be given a written 'warning letter' this time and my passport details put on UKBA systems, so if I commit this offence again I could be prosecuted. I agreed to let them seize my goods and accepted the warning letter. I was told by the officer they would not take this any further but the details would be put on customs (UKBA) computers.

My question is, do I need to provide this information to UKBA? Does this tantamount to being not of good character?

I understand this is not a criminal conviction but as per form AN guidance notes it says the following:

"You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago this was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any
doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so"

Does the above guidance mean 'involved in criminal activity' or does it mean I must tell them about warning letters also?

Can I ignore this as my application was already sent the day this happened?

Any advice/help would be appreciated.


HI THERE ... WHAT HAPPENED TO YOUR APPLICATION RESULT ??
Hi, kinda nostalgic to come back to this forum, it's been a while!!
Coming back to the topic, I received the citizenship no questions asked. Don't worry if you're in a similar situation, they don't take warnings very seriously, unless there's drugs involved of course! Good luck for your application.

ANDREW34
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Re: Warning by UKBA and British Citizenship.

Post by ANDREW34 » Thu Jun 12, 2014 1:36 pm

semiautomatic wrote:
samlondon wrote:
semiautomatic wrote:Hi, I would be grateful if someone can answer my question.

My naturalization application was sent to HO (by NCS) on 19th March 2012, and I was returning to the UK the same day from my visit to India. Unfortunately, I was carrying more than the allowed limit of Spirit and Cigarettes (purchased from duty free in India) and walked through the green channel. I was over the limit by 2 litres of spirit and 400 cigarettes. I was stopped by a customs officer who seized all my whisky and cigarettes (including the quota which was allowed). I was told since I agree to the seizure I would only be given a written 'warning letter' this time and my passport details put on UKBA systems, so if I commit this offence again I could be prosecuted. I agreed to let them seize my goods and accepted the warning letter. I was told by the officer they would not take this any further but the details would be put on customs (UKBA) computers.

My question is, do I need to provide this information to UKBA? Does this tantamount to being not of good character?

I understand this is not a criminal conviction but as per form AN guidance notes it says the following:

"You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago this was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any
doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so"

Does the above guidance mean 'involved in criminal activity' or does it mean I must tell them about warning letters also?

Can I ignore this as my application was already sent the day this happened?

Any advice/help would be appreciated.


HI THERE ... WHAT HAPPENED TO YOUR APPLICATION RESULT ??
Hi, kinda nostalgic to come back to this forum, it's been a while!!
Coming back to the topic, I received the citizenship no questions asked. Don't worry if you're in a similar situation, they don't take warnings very seriously, unless there's drugs involved of course! Good luck for your application.

GREAT NEWS FOR YOU THEN :))) DID YOU DECLARE THE WARNING YOU HAD OR NOT ????

ANDREW34
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Re: Warning by UKBA and British Citizenship.

Post by ANDREW34 » Thu Jun 12, 2014 1:38 pm

Hey guys,

Urgently seeking an advice in regards with the WARNING letter i was given at the UK airport by Hm customs officers...

i brought some food products from non-eu country and i was issued a warning letter .. Do i have to declare this under 3.10 as asking if we received any cautions warning or reprimands ....?????

please give advise as soon as possible ...

I called HO: THEY SAID WARNINGS THAT ARE RECORDED ON PERSON'S CRIMINAL RECORD.

I HAVE NO IDEA WHETHER IT GOES TO CRIMINAL RECORD..

semiautomatic
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Re: Warning by UKBA and British Citizenship.

Post by semiautomatic » Thu Jun 12, 2014 3:17 pm

As long as you were not asked to appear in a court you don't have to declare it. I'm not sure if they had a question about warnings when I applied but I did not declare anything.

newbie_t
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Posts: 130
Joined: Tue Dec 06, 2011 1:23 pm

Re: Warning by UKBA and British Citizenship.

Post by newbie_t » Thu Jun 12, 2014 3:20 pm

ANDREW34 wrote:Hey guys,

Urgently seeking an advice in regards with the WARNING letter i was given at the UK airport by Hm customs officers...

i brought some food products from non-eu country and i was issued a warning letter .. Do i have to declare this under 3.10 as asking if we received any cautions warning or reprimands ....?????

please give advise as soon as possible ...

I called HO: THEY SAID WARNINGS THAT ARE RECORDED ON PERSON'S CRIMINAL RECORD.

I HAVE NO IDEA WHETHER IT GOES TO CRIMINAL RECORD..

Check https://www.gov.uk/disclosure-barring-s ... k/overview

You can go for a basic disclosure through Disclosure Scotland.

ANDREW34
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Re: Warning by UKBA and British Citizenship.

Post by ANDREW34 » Thu Jun 12, 2014 3:25 pm

Through the scotland one ? Im in england tho ? Is it the one which cost 25pounds

ANDREW34
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Re: Warning by UKBA and British Citizenship.

Post by ANDREW34 » Thu Jun 12, 2014 3:33 pm

Noone knows if this case goes to criminal record ?

newbie_t
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Posts: 130
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Re: Warning by UKBA and British Citizenship.

Post by newbie_t » Thu Jun 12, 2014 3:34 pm

ANDREW34 wrote:Through the scotland one ? Im in england tho ? Is it the one which cost 25pounds
Have you read through the entire page?
Basic disclosure
If applicants need to run a check on themselves, they can get a ‘basic disclosure’ with details of any unspent convictions from Disclosure Scotland (they can do this anywhere in the UK).

Srinits
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Re: Warning by UKBA and British Citizenship.

Post by Srinits » Thu Jun 12, 2014 10:47 pm

Hi my name has srilaxmi in passport and Srilakshmi in payslips bank state ment I was issued a schengen visa now I applied for UK visit visa with my husband his passport shows my name as Srilakshmi my passport has srilaxmi and his name will this cause an isdue

Srinits
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Re: Warning by UKBA and British Citizenship.

Post by Srinits » Mon Jun 16, 2014 5:42 am

Can anyone reply on my post

badratio
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Location: London

Re: Warning by UKBA and British Citizenship.

Post by badratio » Tue Jun 17, 2014 5:08 pm

Srinits wrote:Hi my name has srilaxmi in passport and Srilakshmi in payslips bank state ment I was issued a schengen visa now I applied for UK visit visa with my husband his passport shows my name as Srilakshmi my passport has srilaxmi and his name will this cause an isdue
Possibly yes.
Naturalisation timeline: EEU PR
Application date: 17-03-2015
Fee deducted : 24-03-2015
Acknowledgment email : 25-03-2015
Approval date : 02-04-2015
Ceremony: 28-04-2015

itsvinod2k
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Re: Warning by UKBA and British Citizenship.

Post by itsvinod2k » Mon Jun 06, 2016 12:09 pm

Hi All,
I am also in the same situation. I was given a warning letter for carrying more cigs than the quota. Will this be a problem and should I declare it ? I am applying for Naturalisation this week...appreciate your help please.

Thanks
Vinod

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Casa
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Re: Warning by UKBA and British Citizenship.

Post by Casa » Mon Jun 06, 2016 12:13 pm

Read through the thread for the direct experience of the OP.
(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.

itsvinod2k
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Re: Warning by UKBA and British Citizenship.

Post by itsvinod2k » Mon Jun 06, 2016 12:50 pm

Thanks Casa,
Appreciate your quick response. I did reach the full post and the confirmation from OP that he wasn't sure if there was a question on "Warnings" at the time he applied but he did not declare it. Since his application was on 2012 I wanted to check with the more experienced people here to double check if there has been any such cases and whether (keeping any changes in rules etc.) I should take a different approach now. If nothing has happened since 2012 to warrant a change in declaration then I am very happy :)

Thanks in advance.
Vinod

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