Citizenship Application - Criminal Record

[Hewitson]

Hi,

I am an Australian wanting to apply for British Citizenship (by descent). I was born to an unmarried British father.

Unfortunately I got in a bit of trouble when I was younger. I got an AFP Police Certificate (Standard Disclosure for Overseas Employment/Visa) so I could get a listing of all my convictions and write them on the application form.

For some reason there is only one offence listed on the certificate. If I was to put that on the form and they did a police check on me, would that be the same information they would get? Or would they be able to find out about things that aren't on the certificate?

If I was to get a Full Disclosure certificate and write every single thing down, it's unlikely that my application would be approved.

[ukswus]

When you say about trouble when you were younger, do you mean many years ago? Assuming it was not a lenghy prison sentence, this should not make an impact on your application, so better to list all relevant offences. Australia might have some data-sharing agreement with the UK.

[Hewitson]

I'd say it would have been about 7 years ago. I've never been to prison, but I've probably got 50 minor offences. I had a problem with alcohol and was regularly caught for no ticket on train, drinking in public, drunk & disorderly, etc.

[ukswus]

Unfortunately, I think you have no choice but to list these offences. There are just too many of them. Also remember that if you do not list them, and HO finds out about them later, they may deprive you of the citizenship.

I would consult with the lawyer on the best course of action to proceed. For example, you can draft a letter that all of this was a long time sgo, and that you have not had trouble with the law since then.

[Hewitson]

Can anyone else offer an opinion on this please? I would have thought that a police certificate for "Overseas employment/visa" purposes would be sufficient.

[cs95tdg]

This is purely my personal opinion. Unlike certain other countries, the UK does not request for police clearance certificates to be submitted as part of their immigration or naturalisation applications. I would agree with the previous responder that you would need to list your offences. Otherwise it may also be seen as deception if uncovered when the HO do their own checks. Note though, that I do not know how the HO check an individuals international criminal record. Additionally one other point to note is around the good character requirement changes that came into effect for naturalisation in December 2014. As you state your offences were less than 10 years ago, it may very well result in a negative decision, due the number you have mentioned. Personally, I would seek legal advice before making a decision on how to proceed forward.

[Hewitson]

Thanks for your advice. Is anyone able to recommend an immigration lawyer in Melbourne, Australia that would be able to help me? I've looked up a few but they all seem to specialise in immigration to Australia. I don't want to waste my time and money on someone who isn't familiar with the UK immigration system.