question on sound mind requirement

[rpsarangi]

Hi members/moderators / senior members/ any solicitors active

Just a strange query: what does the requirement of sound mind means for the naturalization application.
1.Can Home Office accesses my NHS records??
For example if a person is getting treated for some kind of mental problems does that mean that he cant apply for the naturalization application?

i tried to find the answer for it : to my understanding that means that you should be able to make your own decision etc and nothing to do with mental health.

kindly reply if anybody have answers to my query

thanks all

[Casa]

Hi members/moderators / senior members/ any solicitors active

Just a strange query: what does the requirement of sound mind means for the naturalization application.
1.Can Home Office accesses my NHS records??
For example if a person is getting treated for some kind of mental problems does that mean that he cant apply for the naturalization application?

i tried to find the answer for it : to my understanding that means that you should be able to make your own decision etc and nothing to do with mental health. You are correct.

kindly reply if anybody have answers to my query

thanks all

[noajthan]

Kindly refrain from posting the same question repeatedly all over the shop.

There is no requirement here about sound minds but there is one regarding multiple posts.

[rpsarangi]

I am sorry for the multiple post , just thought that there must be different members in different section so asked . But i am sorry moderator.

[rpsarangi]

Could HO access my NHS records.?

@casa: thank you for the reply.. as i see the application form for the naturalization doesn't have a specific section to declare the mental heaths or treatments . so i am thinking they cant access my NHS records or something like that?

[Casa]

Could HO access my NHS records.?

There would be no requirement to.

[rpsarangi]

Thank you again for the reply
So i presume that there is nothing to worry...

[noajthan]

Could HO access my NHS records.?

@casa: thank you for the reply.. as i see the application form for the naturalization doesn't have a specific section to declare the mental heaths or treatments . so i am thinking they cant access my NHS records or something like that?

Potentially, yes.

By signing the Declaration on the current AN form an applicant gives this undertaking:

I understand that information given by me will be treated in confidence, but may be submitted for checking against records held by other Government departments, the Security Service and other agencies, local authorities and the police, where it is necessary for immigration or nationality purposes, or to enable these bodies to carry out their functions

[rpsarangi]

Thank you again for the reply
So i presume that there is nothing to worry...

Hi thanks for the reply
: to my understanding and reading the requirements ; i think the paragraph says that it gives the right to HO to check the validity and authenticity of the documents and check the records against the government agency to check the critical things like Criminal convictions etc...
but i dont think its something to do with NHS or health

please correct if i am wrong.

[rpsarangi]

7. SOUND MIND
The Home Secretary has discretion to waive the requirement to be of sound mind if
he/she thinks that would be the right thing to do in any particular case. If you are
completing this form on behalf of someone who is not of sound mind and for whom you
are responsible you should complete the form as fully as possible, highlighting those
areas which cannot be completed and explaining on page 23 why it would be in the
applicant’s best interests for naturalisation to be granted despite their inability to
understand fully what is involved. The form should be supported by confirmation of the
applicant’s mental condition and of the fact that they are in your care. This should
include documentation proving the care arrangements.


the above is from the An requirement booklet :
what i understand from the above that they are looking that you should be in sound healh and mind to know whats happening and what application you are filling or signing. I dont think they want to access the NHS records to find out what are the treatments you are going through

please correct if i am wrong

[noajthan]

Hi thanks for the reply
: to my understanding and reading the requirements ; i think the paragraph says that it gives the right to HO to check the validity and authenticity of the documents and check the records against the government agency to check the critical things like Criminal convictions etc...
but i dont think its something to do with NHS or health

please correct if i am wrong.

You may interpret it that way. As none of us (to my knowledge) work for HO we cannot know the exact scope, breadth and depth of crosschecks and verifications.
Clearly the permission does give HO that option.

It is also clear from HO guidance that the Home Secretary has powers to exercise discretion and waive the conditions around sound mind.

[rpsarangi]

Thank you for the review
any other reviews or thoughts from any other members or anybody who can shed light in this aspect as this aspect is not very clear in the guidance form either.

[rpsarangi]

Further to the understanding of the coined term:

1.If you are acting as responsible adult for someone who is not of sound mind and unable
to make and understand their own application (see page 11 of the Booklet AN), you
must take full responsibility for the accuracy of the information provided and sign the
declaration on behalf of the applicant. This includes liability in law.
( the above is the paragraph from the application form)

My understanding : They want to know that you are in sound mind to make your own application and take decisions on your behalf. They arent concerned about your illness or the treatments.

2. Good Character Requirement
In this section you need to give information which will help the Home Secretary to decide whether
they can be satisfied that you are of good character. Checks will be made with the police and
possibly other Government Departments, the Security Service and other agencies.
( the above is again from the application form)

my understanding: i am citing this to contrast to the reply by noajthan according to my understanding
yes in declaration you sign giving authority to HO to check anything they like , but then again that means that they are checking your records held by police and other govt official like DVLA and other security agency....basically to check the GOOD CHARACTER requirement.
i dont think NHS...

3. No section regarding the declaration of mental health or NHS records

4, The interpretation to this that you should be in sound mind to understand your own application understand the consequences with it and basically make your own decision.


The above is my analysis and understanding. Please shed light if anybody thinks different.

this might help lots of members who are worried about the term or looking for answers

thanks