CCJ and convictions - Citizenship

[Alienatrix1]

Apologies in advance if this has been asked already, but i'm trying to get a clear enough answer on this matter.

I have a CCJ which was put on my Credit File in July 2011 for the amount £513 for a Credit Card debt.

It's still unpaid at the moment and have not made any arrangements to pay it since i'm only on a basic minimum wage at the moment.

I'm hoping to apply for British Citizenship in September 2015.

I called today the company that has my CCJ Details and they said that due to Court Costs etc...the CCJ Cost to clear it would be £1050

Absolute rip off but hey..what can you do...

Anyway, what i want to know is if i apply will the Unpaid CCJ be a reason for the Application to be refused.?

Apart from that CCJ i have no other Debts etc..

Thank you.

[noajthan]

Anyway, what i want to know is if i apply will the Unpaid CCJ be a reason for the Application to be refused.?

Apart from that CCJ i have no other Debts etc..

Thank you.

Some clear info here - Q17 / 19:
http://www.immigrationboards.com/britis ... 36725.html

[Alienatrix1]

Thanks, but that's information that i have already read.

You see the problem is that those answers are the typical answers that you will get from most Immigration Solicitors or HO Standard Advice etc..

What i'm really trying to find out is information from someone that has applied with an outstanding CCJ and and his/her Citizenship approved without any issues.

At the end of the day i know that there is only one way to find out for definite, which is to apply and see what the answer is, but i would much rather get some more information from someone that may have gone through the Citizenship Application with those issues and approved or refused.

[Wanderer]

May be more prudent to clear your obligations before paying for BC?

[Alienatrix1]

May be more prudent to clear your obligations before paying for BC?

Is this a joke?

Did you not read the Question?

If i needed criticism then i would be asking a Debt Collection Agency or the Home Office this question directly.

[Wanderer]

May be more prudent to clear your obligations before paying for BC?

Is this a joke?

Did you not read the Question?

If i needed criticism then i would be asking a Debt Collection Agency or the Home Office this question directly.

No.

Yes.

I apologise, guess I don't understand the 'I want it now' generation....

[noajthan]

Thanks, but that's information that i have already read.

You see the problem is that those answers are the typical answers that you will get from most Immigration Solicitors or HO Standard Advice etc..

What i'm really trying to find out is information from someone that has applied with an outstanding CCJ and and his/her Citizenship approved without any issues.

At the end of the day i know that there is only one way to find out for definite, which is to apply and see what the answer is, but i would much rather get some more information from someone that may have gone through the Citizenship Application with those issues and approved or refused.

In my experience this forum, & the associated FAQS, are the collective wisdom & experience of '00s if not '000s - a hive mind if you will.

Because of that I'd say the 'most likely' answer is in the FAQ.

A CCJ is not a ground on its own to refuse the application.

If a bunch of people suddenly starting reporting rejections based on CCJs the FAQS would obviously get updated to reflect that likely outcome.
Without clearing the underlying debt that's probably as good as it gets.

Probably more reliable than a single person reporting their experience, either way, but without sharing the complete background to their application; that could give a false sense of security (or insecurity).

[Alienatrix1]

Thanks, but that's information that i have already read.

You see the problem is that those answers are the typical answers that you will get from most Immigration Solicitors or HO Standard Advice etc..

What i'm really trying to find out is information from someone that has applied with an outstanding CCJ and and his/her Citizenship approved without any issues.

At the end of the day i know that there is only one way to find out for definite, which is to apply and see what the answer is, but i would much rather get some more information from someone that may have gone through the Citizenship Application with those issues and approved or refused.

In my experience this forum, & the associated FAQS, are the collective wisdom & experience of '00s if not '000s - a hive mind if you will.

Because of that I'd say the 'most likely' answer is in the FAQ.

A CCJ is not a ground on its own to refuse the application.

If a bunch of people suddenly starting reporting rejections based on CCJs the FAQS would obviously get updated to reflect that likely outcome.
Without clearing the underlying debt that's probably as good as it gets.

Probably more reliable than a single person reporting their experience, either way, but without sharing the complete background to their application; that could give a false sense of security (or insecurity).

Appreciate the effort on this answer.

Reason for my unnecessary outburst though is because a question is that...a Question.

Previous poster seems to forget that we don't all apply for Citizenship every year, so therefore expected to know what to do.

Nothing to do with " I want it now " Generation.

Very Patronizing if you ask me.

Thanks anyway.

[Alienatrix1]

Thank in advance for taking the time to read and answer these Questions.

I'm hoping to send in my British Citizenship Application on the 1st of September 2015.

2010 was not a lucky year for me...Attempted Fraud Conviction in Scotland ( Bank Account stupid attempt ) in June 2010 which resulted in 120 Community Service Order due it being a 1st Time Offender.

Completed my 120 within the next 6 months due to work commitments etc.. but as mentioned the Conviction date was June 2010.

August 2010 was given 3 Penalty Points and £100 Fine for CU80 ( Talking on The phone )

September 2010 3 Penalty Points and £100 Fine for SP30.

Because i was a new Driver ( Licence held under 2 Years ) in November 2010 i was told that i had to retake my Driving Licence ( No Bans or anything like that, just had to re-take the test again )

On the 1st of August 2012 i was given 3 Penalty Points for TS10 ( Traffic Lights Offence ) and £100 Fine.

Since then, thank God nothing else has taken place, lol.

On the Application form though, i have only put down the Attempted Fraud Conviction which is " Spent " anyway and also the August 2012 TS10 Offence.

I did not put the 2010 Driving Endorsements due to not knowing the exact dates in 2010 and also DVLA Complete Erases any points after 4 Years anyway.

Should i be mentioning the Driving Endorsements in 2010 or not?

Also on regards of the Attempted Fraud in June 2010, how serious would the Conviction be regarded as?

Any Advice would be greatly appreciated.

Thank you Again.

[noajthan]

Thank in advance for taking the time to read and answer these Questions.

I'm hoping to send in my British Citizenship Application on the 1st of September 2015.

2010 was not a lucky year for me...Attempted Fraud Conviction in Scotland ( Bank Account stupid attempt ) in June 2010 which resulted in 120 Community Service Order due it being a 1st Time Offender.

Completed my 120 within the next 6 months due to work commitments etc.. but as mentioned the Conviction date was June 2010.

August 2010 was given 3 Penalty Points and £100 Fine for CU80 ( Talking on The phone )

September 2010 3 Penalty Points and £100 Fine for SP30.

Because i was a new Driver ( Licence held under 2 Years ) in November 2010 i was told that i had to retake my Driving Licence ( No Bans or anything like that, just had to re-take the test again )

On the 1st of August 2012 i was given 3 Penalty Points for TS10 ( Traffic Lights Offence ) and £100 Fine.

Since then, thank God nothing else has taken place, lol.

On the Application form though, i have only put down the Attempted Fraud Conviction which is " Spent " anyway and also the August 2012 TS10 Offence.

I did not put the 2010 Driving Endorsements due to not knowing the exact dates in 2010 and also DVLA Complete Erases any points after 4 Years anyway.

Should i be mentioning the Driving Endorsements in 2010 or not?

Also on regards of the Attempted Fraud in June 2010, how serious would the Conviction be regarded as?

Any Advice would be greatly appreciated.

Thank you Again.

Section 3 of the guide is fairly clear on how full & frank an applicant needs to be, (including regarding driving endorsements):
https://www.gov.uk/government/uploads/s ... _final.pdf

The table in section 9 of this booklet shows how offences are weighed up & treated by HO:
https://www.gov.uk/government/uploads/s ... n_2015.pdf

The final 12 months before an application is made are particularly crucial so by keeping on the straight and narrow you do have that in your favour.

Good luck.

[Alienatrix1]

That's great..Keep the advice coming please..

So just to make sure then..

Is there any point mentioning the Driving Endorsements in 2010 or not?

[noajthan]

That's great..Keep the advice coming please..

So just to make sure then..

Is there any point mentioning the Driving Endorsements in 2010 or not?

Yes as they are material facts - you should declare all traffic offences & endorsements.

If you have any endorsements on your driving licence you must provide the paper counterpart

My understanding is failure to declare material facts will have serious consequences; for one thing you have to sign the declaration:

I understand that I may be liable for prosecution if I have knowingly or recklessly provided false or incomplete information.

I understand that a certificate of citizenship may be withdrawn if it is found to have been obtained by fraud, false representation or concealment of any material fact, or if on the basis of my conduct the Home Secretary considers it to be conducive to the public good

The caseworker will decide on merits of the application.

[Alienatrix1]

My only concern though is that i'm not sure ofbthe exact dates of my Driving Endorsements in 2010.

Would DVLA still have a record of them even though they have been completely removed by now?

[noajthan]

My only concern though is that i'm not sure ofbthe exact dates of my Driving Endorsements in 2010.

Would DVLA still have a record of them even though they have been completely removed by now?

Are they not on the paper counterpart that used to come with a driving license?
Otherwise yes, makes sense to contact DVLA.

[Alienatrix1]

Unofortunately it't not in the Counterpart as my Counterpart was replaced in December 2010 which meant that the new Counterpart did not have that information anymore on regards of the 2010 Endorsements.

Also, on regards of the entering the Convictions on the Form...there is only enough space for 2 Criminal Convictions..

So in that case, where would i put down all 3 Driving Endorsements from 2010 to 2012 then?

Thanks

[skilachi]

You can check your DVLA license info from their website now without the paper counter-part

https://www.gov.uk/view-driving-licence

I would suggest you declare it all...make a copy of the blank page or print 2 copies of criminal conviction page from the AN form

[Alienatrix1]

Luckily enough i managed to find the dates on the 2010 Driving Endorsements.

I will include the Driving Endorsements information on the Additional Information Page.

I will put down the dates, Penalty Points, Fine given etc.

Best to be honest anyway.

No point in NOT declaring by using an excuse of not knowing the dates of the convictions etc..as i think that they would not look at that favourably at all.

I suppose my good points so far are these.

Married to a British Citizen, 5 Years of Continous Employment within one of the UK's Biggest Corporations.

No other stupid Criminal or Fixed Penalty crap within the last 3 years...

You never know...also i have an 8 year old daughter which was born here. Is there any point sending a copy of her passport as supporting and helping document to showcase that i have really put my head down and trying to get on with normal life now?

[noajthan]

Luckily enough i managed to find the dates on the 2010 Driving Endorsements.

I will include the Driving Endorsements information on the Additional Information Page.

...

I suppose my good points so far are these.

Married to a British Citizen, 5 Years of Continous Employment within one of the UK's Biggest Corporations.

No other stupid Criminal or Fixed Penalty crap within the last 3 years...

You never know...also i have an 8 year old daughter which was born here. Is there any point sending a copy of her passport as supporting and helping document to showcase that i have really put my head down and trying to get on with normal life now?

The AN form suggests making photocopies of page 15 itself if you need more space.

Yes some sort of supporting letter may help.
Suggest showing any community activity or social/charitable work (or any other voluntary work) you may have been involved with as well as (briefly) describing your family life and your commitment to making a future for them here in UK.
If you have any references or testimonials from your employer that may help too.

[Ali1975]

You are a repeat offender and it is very unlikely you could get british nationality.

[Alienatrix1]

I'm sorry but i don't accept your comment of "Repeat Offender".

There are people that have been awarded British Citizenship who have worse criminal records than mine.

I'm certainly not a Repeat Offender as my main and only Crime was the Attempted Fraud in 2010 which i only got 120 Hours Community Service Order as i was a 1st Time Offender Only.

Since then, the FPN's for Driving Endorsements have just been Bad Luck but are all spent. And to be honest, most of my Endorsements were things that any average Joe could get.

So what facts exactly are you using to formulate an opinion of being refused Citizenship?

[Smam]

Hi Alienatrix1 ,

Well I think you shouldn't be getting worried you'll get British Nationality any ways as this your right not a privilege for you like many other people who apply on other basis for eg not as a spouse of a British Citizen.

keep us updated here on the forum.

Good luck with your BC application.

[Alienatrix1]

Thank you.

I realise tharlt offences in general, no matter how small or big they will be not looked upon favourably at all obviously.

But its about distinguishing a serious and a petty crime for crying out loud.

Just out of curiouosity, does it help then if the application for Citizenship is being made through Marriage to a British Citizenship plus i have held my ILR for 7 years now anyway.

And also as mentuoned previously, 5 Years with the Current Employer who by the way, was aware of my Attempted Fraud conviction when they hired me anyway.

[Alienatrix1]

Can someone advise then if Applying for British Citizenship whilst Holding ILR for 7 Years and also through Married to a British Citizen ( I will also be submitting my Marriage Certificate and wife's Copy of British Passport ) actually has stronger chances of being approved compared to applying just through 7 Years of ILR.

[Smam]

Hi Alienatrix1

I think you getting worried for the sake of nothing as I explained to you earlier in my email that getting a British Citizenship is your right not a privilege like my self who got his ILR on the basis of Tiers visa.

You have to fill a different application form to us if you are applying for BC as a spouse to a British citizen.

If you are still not getting enough satisfaction then I would say just consult a good lawyer but if I was you I would have just applied for it taking the fact in to consideration that every single conviction you got is spent now any ways so why worry for some thing which is spent or why over worry for some thing which has no effect at all on your case.

Keep us updated on the forum.

Good luck with your BC application.

[Alienatrix1]

Different Application Form?

On the Home Office Website there is only the Standard AN British Citizenship Form.

Isn't that the one i use and also just complete wife's details on on of the pages thats included..