Naturalisation & Criminal offence

[Comforter1]

Hi, I’m in so much confusion right now. I was given a 12month prison sentence back in 2010, and served 6month. Please has anyone or know anyone who ended up getting a British passport??. I current have indefinite leave to remain, and would really like to apply for a British passport.
I know they said on their website that 15yrs must pass, but a solicitor told me, I don’t have to wait that long because it can be bypassed. It’s a lot of money to lose, hence why I’m current looking and seeking for someone who has been in the same or know someone in same situation. The offences was immigration related. I was grated discretionary leave for 5yrs, then now ILR for 2yrs. I would really appreciate a reply. Thanks very much

[CULLINAN]

As per the guidance you have to wait 15 years from the date of conviction as you already know.
British Citizenship is discretionary - it is a privilege not a right. No one can really comment for sure if discretion will be applied in your case or not.

If you have flawless character for the last 10 years i.e. you do not have any other criminal convictions, out of court disposals, FPN’s etc, you may try writing a cover letter and request the CW to apply discretion.

However, as I said, there is no certainty discretion will be applied and there is a risk involved. The risk is loosing the fees paid if refused. If you can not afford loosing a hefty amount, then I suggest you be patient and wait another 5 years.

An applicant will normally be refused if they have received:
• a custodial sentence of at least 4 years
• a custodial sentence of at least 12 months but less than 4 years unless a period of 15 years has passed since the end of the sentence
• a custodial sentence of less than 12 months unless a period of 10 years has passed since the end of the sentence
• a non-custodial sentence or out-of-court disposal that is recorded on their criminal record which occurred in the 3 years prior to the date of application

[Comforter1]

Thanks for your reply, everything has been great for the past 10yrs, I did have to take a traffic course due to going through a red light unknowingly. But I guess that will be counted or so. Anyways I’m grateful, hopeful someone who received some sort of discrete surface.
I believe with all I and my family has been through and the amount of money, taxes and community work I we’ve spent towards immigration issues/economy, it would be lovely to have a British passport.

[London22]

Hi, I’m in so much confusion right now. I was given a 12month prison sentence back in 2010, and served 6month. Please has anyone or know anyone who ended up getting a British passport??. I current have indefinite leave to remain, and would really like to apply for a British passport.
I know they said on their website that 15yrs must pass, but a solicitor told me, I don’t have to wait that long because it can be bypassed. It’s a lot of money to lose, hence why I’m current looking and seeking for someone who has been in the same or know someone in same situation. The offences was immigration related. I was grated discretionary leave for 5yrs, then now ILR for 2yrs. I would really appreciate a reply. Thanks very much

Even if someone same like yours case was granted citizenship by discretion it doesn't automatically mean you will get as well. Nationality rules have been made complex deliberately to discriminate. There are thousands of people holding ILR but blocked to get citizenship by these twists in rules. The best thing to do is to book an appointment with a best lawyer .Paying a few pounds to a lawyer is much better than losing hundreds to home office & then follow what he says. There is one more reason why these rules have been made complex is that people apply ,pay high fees ,get refused & lose the money. ££££_

[Comforter1]

Absolutely right. A lawyer did tell me they can win the case.. i guess I was just hoping someone out there has or had similar situation with a glimpse of hope. Rather than just trusting a solicitor who would say anything just to get my money. Thanks so much for you input.

[CULLINAN]

A lawyer did tell me they can win the case

How?

There is no right of appeal to a court against refusal to grant nationality. There is however a mechanism similar to administrative review where a formal reconsideration request can be made on Form NR. An application for reconsideration carries a fee.

Ultimately, if that is refused, the only remedy would be judicial review. Some applications for judicial review of naturalisation decisions have occasionally succeeded but generally it is very hard to challenge Home Office decisions in this particular area of law because the legislation gives the Home Office a lot of discretion about how to make decisions.

You may want to consider Form NR and JR costs also to make an informed decision.

https://www.freemovement.org.uk/natural ... _decisions

[Comforter1]

Thanks so much... I will have a look at both forms. Happy new year and thanks for your time.