Hi Everybody,
I am a Non EU and had a permanent residence card which expired in August, 2019. Never applied for Nationality. I will try to make my case simple and short here.
I got my BRP, " Settled status, ILR" under the current EU Scheme settlement in July,2019 and now intend to apply for my Naturalization (Nationality application ) very first time.
I got a big issue here. Unfortunately, I have got a criminal conviction, which took place in July, 2012. I got a SUSPENDED PRISON SENTENCE of 11 months, suspended for 18 months. Never went to prison. I did declare the said conviction in my EU settlement application in 2019 but it went through without any problems. My solicitor informed me that Nationality department is different from ILR settlement department and they may or may not approve my Naturalization application on the basis of my past conviction ( About 9 years ago). I have no other convictions before and after.
I have gone through the Home office official Guide AN Naturalization Booklet, The requirements, April, 2021 regarding good character requirements. The said guide shows the implication of different types of criminal convictions on the Naturalization application. They made a TABLE of SENTENCE VS IMPACT ON NATIONALITY
Quote and unquote, It says that a SUSPENDED PRISON SENTENCE will be treated as a " non-custodial or other out of court disposal that is recorded on a person's criminal record. According to that, when you enter in the table of SENTENCE VS IMPACT ON NATIONALITY, It says as follows.
SENTENCE
A non-custodial offence or other out of court disposal that is recorded on a person's criminal record
( please note that my suspended sentence falls into this category)
IMPACT ON NATIONALITY
Application will normally be refused if the conviction occurred in the last 3 years.
( Please note that my conviction occurred in July, 2012, about 9 years ago )
So it means, I should be OK according to that ruling.
My solicitor informed me that it all depends on your case worker. Every case is considered on its merit
So here we are guys. What you guys think of my chance of success ?
Anybody with the same or similar story, please make comments. Much appreciated and sorry about the long msg. I had to write all above to make the picture clear.
Please reply.
Thanks
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