Ferstergirl wrote: ↑Tue Nov 14, 2023 12:01 am
Not sure if this helps but just sharing my personal experiences.
I declared 2 criminal convictions, one from 7 years ago and the other from over 10 years ago.
I submitted in June and got approved in November.
Your case sound less serious than mine as I had actual convictions & not cautions and I didn’t have any issues. Hopefully that gives you some relief.
You submitted before the rules changed in July under the old rules.
F3y wrote: ↑Wed Oct 25, 2023 12:45 pm
Apologies please, my previous post has been locked. So I can no longer post on there, hence this new post.
Naturalisation application submitted in September 2023. I have recently realised a change to the Good Character on 31st July, 2023 where there is no longer a time lapse to non-custodial sentences.
I had a simple caution in Feb 2011 and an out of court settlement for parking a SORN'd car in front of my flat, which I didn't realise was classified as a public road.
I asked this question before the change in July 2023 and it was OK to declare it, which I did on my application. But what are my chances now considering this new rule please?
Thank you.
Re OP's question - read the new guidance,
https://assets.publishing.service.gov.u ... racter.pdf page 18
Cautions, warnings and reprimands
A caution (simple or conditional), youth caution, warning or reprimand, are all
examples of an ‘out of court disposal’ which are recorded on a person’s criminal
record.
Warnings and reprimands given to young offenders were abolished on 8 April 2013
by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Youth cautions
were introduced instead. These are a formal out of court disposal that can be used
as an alternative to prosecution for young offenders (aged 10 to 17) in certain
circumstances.
A reprimand is issued for a minor first offence and where there is sufficient evidence
for prosecution. A final warning is issued by the police for a second offence, no
matter how minor. It is also possible to get a final warning for a serious first offence.
A reprimand and a final warning are non-custodial sentences and must be treated in
the same way as a caution when considering whether a person meets the good
character requirement.
You must consider whether or not the person is of good character on the balance of
probabilities. See considering the balance of probabilities.
The more recent or numerous the caution, warning or reprimand, the more likely it is
that the person will not be considered to be of good character. If the person has
received multiple disposals this may show a pattern of offending. Older cautions,
warnings or reprimands may still be a reason to refuse the application, if the
circumstances of the conviction or disposal call the person’s character into question.
seems to indicate the caution is not a major dealbreaker.
However see page 11
Cautions, warnings and reprimands
A caution (simple or conditional), youth caution, warning or reprimand, are all
examples of an ‘out of court disposal’ which are recorded on a person’s criminal
record.
Warnings and reprimands given to young offenders were abolished on 8 April 2013
by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Youth cautions
were introduced instead. These are a formal out of court disposal that can be used
as an alternative to prosecution for young offenders (aged 10 to 17) in certain
circumstances.
A reprimand is issued for a minor first offence and where there is sufficient evidence
for prosecution. A final warning is issued by the police for a second offence, no
matter how minor. It is also possible to get a final warning for a serious first offence.
A reprimand and a final warning are non-custodial sentences and must be treated in
the same way as a caution when considering whether a person meets the good
character requirement.
You must consider whether or not the person is of good character on the balance of
probabilities. See considering the balance of probabilities.
The more recent or numerous the caution, warning or reprimand, the more likely it is
that the person will not be considered to be of good character. If the person has
received multiple disposals this may show a pattern of offending. Older cautions,
Page 19 of 57 Published for Home Office staff on 31 July 2023
warnings or reprimands may still be a reason to refuse the application, if the
circumstances of the conviction or disposal call the person’s character into question.
Overview
Having a criminal record does not necessarily mean that an application will be
refused. However, a person who has not shown respect for, or is not prepared to
abide by, the law is unlikely to be considered of good character.
A person will normally be refused if they:
• have received a custodial sentence of at least 12 months in the UK or overseas
• have consecutive sentences totalling at least 12 months in the UK or overseas
• are a persistent offender who shows a particular disregard for the law
• have committed an offence which has caused serious harm
• have committed a sexual offence or their details are recorded by the police on a
register
A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character. See considering the balance of probabilities.
You received two out of court disposal 10 and 7 years ago, which under the new rules never expire, and according to this page it doesn't sound good - it ultimately comes down to the balance of probabiities, see page 22 and after
Where a person has criminality that would not normally result in the refusal of their
application, you must decide whether they are of good character, on the balance of
probabilities.
An assessment of whether or not a person is of good character on the balance of
probabilities, must take account of all available information concerning the
applicant’s character, weighing any negative factors around criminality against
mitigating factors such as contributions a person has made to society or any
significant proportions of a person’s life spent not offending.
You must consider the individual circumstances of the case; what may be
appropriate for one case will not be appropriate for another. Each application must
be carefully considered on an individual basis on its own merits, giving consideration
to the (non-exhaustive) list of factors below:
I would speak to an immigration solicitor ASAP and pick their brain. I don't know about the seriousness of your caution, if it's not something that puts your good character in doubt you have some chances for approval. It may be a good idea to write a cover letter that addresses these points and send it to UKVI.
All advice comes from personal research and experience and should not be regarded as professional opinion.
