British Citizenship Queries

[starz11]

Dear Zimba88/CR001,

Am thinking of applying for British citizenship come this September, but as I have mentioned before I had a criminal record in 2015. Although it was a suspended/non custodial sentence but I am worried that I might be refused.

I wrote a covering letter regarding the circumstances to my conviction and I would like you to please review and advice me if you think I should add/omit anything from the covering letter and what you think my chances are of getting approved .

CRIMINAL RECORD

In 2010 I had no papers. I was only able secure a job in a pub/club on the weekends as a toilet attendant selling chewing gum and lollipops in the toilet for between 20 to 50 pence as well as perfumes for the boys that came down to the toilet to refresh themselves from sweating, and at the end of the night I could make up to £15 to £20.

I only wanted to make some money to support my wife with the bills as well as being able to treat my kids to McDonald’s on weekends. I felt down cast as a man that couldn’t provide even as little as a box of cereal for my kids neither could I take my wife out for dinner.

I was never in possession of anybody’s documents it was simply a photographic specimen of a British passport from google search engine that I printed off. I never actually stole anybody’s identity.

I know my actions were completely wrong and I am very sorry. It was never my intention to defraud anyone of their money nor their possessions. I have never stolen from anyone neither have I been in trouble with the police previously and since then.

I was very grateful that I was given the opportunity to explain that to the judge. In light of that he gave me a suspended non custodial sentence and 150 hours of community service instead of going to prison.

I ask that you please give me a second chance. I am a good man and I am no threat to public safety I don’t like to hurt people. I try my best to set good example for my kids. My only priority is my family they are my life and I cannot imagine life without them.



LINE 4 OF TABLE 2.1 OF THE GOOD CHARACTER REQUIREMENT OF HOW CRIMINAL APPLICATION AFFECTS AN APPLICATION.

A non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record : Applications would normally be refused only if a conviction resulting in a non-custodial sentence occurred in the last three years

I do not expect that my conviction should affect your decision as more than the specified time has lapsed. Since my only conviction on 1st September 2015, three years have passed. We ask that you give this application the full consideration it deserves It is important to us that I naturalise a
British citizen so that we may live a normal family life without any restriction because of my immigration status.

[zimba]

I advise against sending a letter. You simply need to declare the conviction during the process. Given that it was a one off non-custodial conviction and it will be 3+ years from the date of your conviction, you should (as per guidance) pass the good character requirement

[starz11]

Thanks for ur advice Zimba. Don't you think I need to give some sort of explanation as the offence was fraud and it's actually a serious offence even though I never really defrauded anyone of their money/possessions I wasn't even with anyones identity it was just a copy I printed from google to secure a job doing toilet attendant.

[starz11]

Do you think I could still get refused even though the time has lapsed since the offence?

[CR001]

I have split your British citizenship questions and moved it the 'British citizenship' sub forum as it is not relevant to the ILR sub forum.

Your previous ILR topic link below for members to read if they wish to.

indefinite-leave-to-remain/dlr-t257679-40.html

[starz11]

Ok thanks. Please give some advice regarding my post.

[zimba]

Do you think I could still get refused even though the time has lapsed since the offence?

No as there is no pattern of such re-offending. The Good Character Requirement for citizenship is quite clear

[starz11]

Ok thanks. I forgot to mention I also had a driving offence for speeding that same year on April 25 2015 and got a court fine of £415 and 6points on my license. I checked my driving records and the offence has expired but it will clear next April. Do you think they will assume there's is a pattern of re-offending?

[zimba]

Ok thanks. I forgot to mention I also had a driving offence for speeding that same year on April 25 2015 and got a court fine of £415 and 6points on my license. I checked my driving records and the offence has expired but it will clear next April. Do you think they will assume there's is a pattern of re-offending?

No, such fines should not affect the outcome

[starz11]

Thanks for ur advice Zimba. So in your opinion you don't you think I need to give some sort of explanation as the offence was fraud and it's actually a serious offence even though I never really defrauded anyone of their money/possessions I wasn't even with anyones identity it was just a copy I printed from google to secure a job doing toilet attendant.

[luthersnowak]

Thanks for ur advice Zimba. So in your opinion you don't you think I need to give some sort of explanation as the offence was fraud and it's actually a serious offence even though I never really defrauded anyone of their money/possessions I wasn't even with anyones identity it was just a copy I printed from google to secure a job doing toilet attendant.

Pardon me for injecting myself in this. I think sending in a letter explaining the justification for your actions could harm your case more than help. Providing for your family is the most noble of pursuits. The risk with sending a letter explaining your actions is that it may imply that you do not fully understand the severity of your actions, and, in the future, if you were in a similar situation, you may make a similar choice. This is not to say you don't understand the severity of your actions, only what it may imply to someone looking at it from the outside. Unfortunately, the UKVI isn't going to look at things from a compassionate point of view, but based on the information available to them. Don't give them any more information than is necessary to decide your case. I agree with Zimba, don't send the explanation.

[secret.simon]

In 2010 I had no papers.

Irrespective of the non-custodial sentence, you were residing and working in the UK illegally in 2010 at least.

The general rule is that applications where illegal residence or working occurred in the past ten years are refused on good character grounds. There is therefore a reasonably good chance that any application now would be refused for evasion of immigration control (Section 9.7, Page 27 of the good character requirements). The judge's non-custodial sentence may have got you through to ILR, but the good character requirements for naturalisation are tougher than the requirements for ILR.

When (and under what pathway) did you acquire legal residence in the UK?

[CR001]

In 2010 I had no papers.

Irrespective of the non-custodial sentence, you were residing and working in the UK illegally in 2010 at least.

The general rule is that applications where illegal residence or working occurred in the past ten years are refused on good character grounds. There is therefore a reasonably good chance that any application now would be refused for evasion of immigration control (Section 9.7, Page 27 of the good character requirements). The judge's non-custodial sentence may have got you through to ILR, but the good character requirements for naturalisation are tougher than the requirements for ILR.

When (and under what pathway) did you acquire legal residence in the UK?

6 years DLR following "failed non asylum" application.

indefinite-leave-to-remain/dlr-t257679-20.html

[secret.simon]

When (and under what pathway) did you acquire legal residence in the UK?

6 years DLR following "failed non asylum" application.

indefinite-leave-to-remain/dlr-t257679-20.html

Thank you, CR001.

What was your immigration history before you got your DLR in 2011?

Assuming that you were illegally in the UK before the grant of your first DLR in 2011, you would not be eligible for naturalisation till 2021.

[starz11]

I understand the ten year ban, but I entered the UK in April 2008 hence I’m thinking of applying now as ten years have passed since I entered the UK. Although I got my first DLR in 2011 would that still affect my chances.

[secret.simon]

As I understand it, you need to not have any breaches of immigration rules within 10 years preceding the date of application.

If you apply any time before 2021, you will have been in breach of immigration rules (because you were residing in the UK without any leave) within the past ten years.

I believe that the tenth anniversary that you can apply after would be that of when you acquired legal status in the UK, i.e. when you acquired DLR.