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Possible criminal record

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

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Jenaye123
Newly Registered
Posts: 21
Joined: Wed May 11, 2016 12:59 pm

Possible criminal record

Post by Jenaye123 » Sat Aug 13, 2016 1:40 am

Hi everyone I would really appreciate some helpful advice regarding my nationalisation application. My name is xxxxxx I'm 21 years old. I have had ILR for 10 years and I have recently submitted my nationalisation application in May 2016. On my application I stated that I had no crimal conviction. However I had obtained a penalty charge notice from a magistrate court in 2014 to pay Transport for London (TFL) for an unpaid train journey. I was unaware of this until mid 2015 as I was away from home living in halls at university. Once I was aware I paid the full fine and I thought that was it. However after doing some research I found out that this could have amount to me having a criminal conviction. But I only realised this after I had submitted my application. I emailed the home office yesterday to let them know that I might have a crimal conviction. I don't know what to do I'm so scared they will reject my application because this. This is the only offence I have committed and I didn't think it was so major. What should I do now?

Moderator edit: Name removed to protect identity.

asp
Junior Member
Posts: 85
Joined: Fri Feb 27, 2009 2:51 pm

Re: Possible criminal record

Post by asp » Sat Aug 13, 2016 9:56 am

You have done the right thing by telling HO, but follow it up with a letter.

The failure to pay at the time will be seen in the light of you being away from home, unless you gave misleading contact details. So you need to explain why you didn't get the TfL or court correspondence at the time.

Apart from that it's a minor issue which shouldn't result in a refusal on good character grounds.

fasaal
Member
Posts: 108
Joined: Sat Jun 08, 2013 9:19 pm
Location: newcastle

Re: Possible criminal record

Post by fasaal » Sat Aug 13, 2016 11:05 pm

Jenaye123 wrote:Hi everyone I would really appreciate some helpful advice regarding my nationalisation application. My name is xxxxxx I'm 21 years old. I have had ILR for 10 years and I have recently submitted my nationalisation application in May 2016. On my application I stated that I had no crimal conviction. However I had obtained a penalty charge notice from a magistrate court in 2014 to pay Transport for London (TFL) for an unpaid train journey. I was unaware of this until mid 2015 as I was away from home living in halls at university. Once I was aware I paid the full fine and I thought that was it. However after doing some research I found out that this could have amount to me having a criminal conviction. But I only realised this after I had submitted my application. I emailed the home office yesterday to let them know that I might have a crimal conviction. I don't know what to do I'm so scared they will reject my application because this. This is the only offence I have committed and I didn't think it was so major. What should I do now?

Moderator edit: Name removed to protect identity.
which month in 2014 u got letter from court about charge notice. im asking it coz if some one is guilty from court within 2 years of application his application may be refused. read it-

British Citizenship – Good Character Requirement FAQs
Q8 - I have one non-custodial sentence but 3 years has not lapsed, will they still refuse me?

If you have a single (one) conviction (non-custodial) and it occurred within the first 2 years of the 3 (i.e. you have had no offences within the last 12 months), there are strong countervailing factors which suggest that you are of good character in all other regards and the decision to refuse would be disproportionate then it may be deemed an exceptional case and your application may be granted (exceptional grant under section 10(b) of Chapter 18, Annex D) despite 3 years not lapsing since the date of conviction. It may be wise to only try this where the non-custodial sentence was for a 'minor offence' and did not involve drugs or violence for example. See also, Q8A.

Jenaye123
Newly Registered
Posts: 21
Joined: Wed May 11, 2016 12:59 pm

Re: Possible criminal record

Post by Jenaye123 » Sun Aug 14, 2016 4:17 am

Hi. Thank you all for your comments. I'm regards to the time I recieved this penalty charge I believe it was at the end of 2014, I'd say December. I'm not quite sure and based on what you've just said fasaal I don't think my application will be approved because it's under 2 years. This is really disheartening.

johnch121
Newly Registered
Posts: 25
Joined: Fri Mar 25, 2016 5:03 am

Re: Possible criminal record

Post by johnch121 » Sun Aug 14, 2016 5:35 pm

You now have a criminal record which should of been disclosed when you made the application, it is possible to be put in prison for not paying train fares. Most people who do that will get a letter stating that you may get a criminal record, a fine of up to £1,000, a prison sentence, a suspended sentence, community service, seizure of any computer equipment, and compensation.

Must easier to pay for your ticket

Jenaye123
Newly Registered
Posts: 21
Joined: Wed May 11, 2016 12:59 pm

Re: Possible criminal record

Post by Jenaye123 » Mon Aug 15, 2016 12:50 pm

Thank you all for your comments. This has definitely been an eye opener. Home office has replied via email stating this...

'I refer to your recent communication regarding a penalty charge notice in 2014. In order to enable us to determine whether the offence is likely to have any bearing on the outcome of your application, I would be grateful if you could provide me with scanned copies of any court documents you received in connection with this matter.

Kind regards'

Therefore, I'm going to have a look and see what evidence I can send to them, hopefully I find something and haven't got rid of these documentation.

Jenaye123
Newly Registered
Posts: 21
Joined: Wed May 11, 2016 12:59 pm

Re: Possible criminal record

Post by Jenaye123 » Wed Aug 17, 2016 9:11 am

My home office correspondent stated this,

'Thank you for your reply.

As your offence in 2014 resulted in a fixed penalty being issued it will have no bearing on the outcome of your application for British citizenship.'

I am more than please with this statement. Just waiting on my approval now.

Jenaye123
Newly Registered
Posts: 21
Joined: Wed May 11, 2016 12:59 pm

Re: Possible criminal record

Post by Jenaye123 » Sat Aug 20, 2016 5:06 pm

I have recieved my approval now, thank you for all who helped me.

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