Application has been rejected

[MuhammadM86]

Hi Maximo

The good character reequipments have changed on the 31st of July 2023. The new rules are here:

https://assets.publishing.service.gov.u ... racter.pdf

Basically from the 1st of August 2023, anyone with a convection including imprisonment of over 12 months will be refused regardless, unless you have strong reasons to show the HO that you have changed and become of a good character.

I am in a similar situation to you but I applied in August so after the new rules and still waiting.

By the way, did you include any covering letter with your application? Something to add regarding your criminality?

[maximo]

Hi
I wasn't convicted over 12 months as Home Office stated in my refusal. Instead I was convicted for 6-month Imprisonment.
I did not write any cover while submitting my original application.
I have resquest to the crown court that sentence me on 2009 a letter confirming length of my sentence , 2 weeks on now still waiting for the documents. From there I will see if reconsideration is possible.

[MuhammadM86]

In the email above it says that you were convicted for 16 months. Is this wrong?

[secret.simon]

You were convicted on 31 March 2009 at .... Crown Court. ...
Problem is I have been convicted at that date exactly but for 6 months. And was held in prison at the end of sentences till 10 October 2009.

The crucial question is how long was the sentence passed down by the court, not how long you served behind bars/in prison.

The general norm is that for sentences below two years, half the sentence is served behind bars, and the other half under license, in the community.

As you were in prison for at least six months (31st March to 10th October 2009), there is a reasonably good chance that you were sentenced at at least twice that period. It is possible that you were sentenced to sixteen months, but that time served during the trail was factored in when deciding to release you in October 2009. Alternatively, you may have been released under Home Detention Curfew (which you would have been aware of as that would have been communicated to you. See above link).

I have resquest to the crown court that sentence me on 2009 a letter confirming length of my sentence

That is a good start.

You can reapply 15 years after the end of the sentence (i.e., if it was a sixteen month sentence, then 31st March 2009 (date of sentence) + 16 months (31st July 2010) + 15 years (31st July 2025). Obviously it depends on the wording of the sentence.

[contorted_svy]

If you were convicted for 6 months (not 12) you can:
- Try to communicate this to UKVI
- Tell your MP
- Open a complaint
- apply for a judicial review https://www.gov.uk/guidance/apply-for-a ... sylum-case

Review also this guide british-citizenship/6-months-plus-waiti ... 43483.html

[secret.simon]

- apply for a judicial review https://www.gov.uk/guidance/apply-for-a ... sylum-case

To the best of my knowledge, judicial review does not apply to naturalisation cases.

[contorted_svy]

- apply for a judicial review https://www.gov.uk/guidance/apply-for-a ... sylum-case

To the best of my knowledge, judicial review does not apply to naturalisation cases.

Then maybe an administrative review? https://www.gov.uk/ask-for-a-visa-administrative-review

[secret.simon]

- apply for a judicial review https://www.gov.uk/guidance/apply-for-a ... sylum-case

To the best of my knowledge, judicial review does not apply to naturalisation cases.

Then maybe an administrative review? https://www.gov.uk/ask-for-a-visa-administrative-review

Naturalisation is not an immigration or visa application. So the usual immigration remedies, JR and AR, are not available.

The OP could apply on Form NR, but it may be necessary to make sure that they did actually meet the requirements.

[MuhammadM86]

You were convicted on 31 March 2009 at .... Crown Court. ...
Problem is I have been convicted at that date exactly but for 6 months. And was held in prison at the end of sentences till 10 October 2009.

The crucial question is how long was the sentence passed down by the court, not how long you served behind bars/in prison.

The general norm is that for sentences below two years, half the sentence is served behind bars, and the other half under license, in the community.

As you were in prison for at least six months (31st March to 10th October 2009), there is a reasonably good chance that you were sentenced at at least twice that period. It is possible that you were sentenced to sixteen months, but that time served during the trail was factored in when deciding to release you in October 2009. Alternatively, you may have been released under Home Detention Curfew (which you would have been aware of as that would have been communicated to you. See above link).

I have resquest to the crown court that sentence me on 2009 a letter confirming length of my sentence

That is a good start.

You can reapply 15 years after the end of the sentence (i.e., if it was a sixteen month sentence, then 31st March 2009 (date of sentence) + 16 months (31st July 2010) + 15 years (31st July 2025). Obviously it depends on the wording of the sentence.

Hi Secret Simon

The 15 years rule no longer apply under the new good character rules, do they??

[contorted_svy]

- apply for a judicial review https://www.gov.uk/guidance/apply-for-a ... sylum-case

To the best of my knowledge, judicial review does not apply to naturalisation cases.

Then maybe an administrative review? https://www.gov.uk/ask-for-a-visa-administrative-review

Naturalisation is not an immigration or visa application. So the usual immigration remedies, JR and AR, are not available.

The OP could apply on Form NR, but it may be necessary to make sure that they did actually meet the requirements.

Is it worth to add this information to a sticky? It probably is a common misconception.

[contorted_svy]

You were convicted on 31 March 2009 at .... Crown Court. ...
Problem is I have been convicted at that date exactly but for 6 months. And was held in prison at the end of sentences till 10 October 2009.

The crucial question is how long was the sentence passed down by the court, not how long you served behind bars/in prison.

The general norm is that for sentences below two years, half the sentence is served behind bars, and the other half under license, in the community.

As you were in prison for at least six months (31st March to 10th October 2009), there is a reasonably good chance that you were sentenced at at least twice that period. It is possible that you were sentenced to sixteen months, but that time served during the trail was factored in when deciding to release you in October 2009. Alternatively, you may have been released under Home Detention Curfew (which you would have been aware of as that would have been communicated to you. See above link).

I have resquest to the crown court that sentence me on 2009 a letter confirming length of my sentence

That is a good start.

You can reapply 15 years after the end of the sentence (i.e., if it was a sixteen month sentence, then 31st March 2009 (date of sentence) + 16 months (31st July 2010) + 15 years (31st July 2025). Obviously it depends on the wording of the sentence.

Hi Secret Simon

The 15 years rule no longer apply under the new good character rules, do they??

the new wording is quite complex - I thought it was 10 years, with immediate rejection for convictions of more than 12 months, which makes it easier for some and apparently impossible for others.

[MuhammadM86]

The new rule don't mention 10 year, do they. They seem straightforward as below:

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. When assessing a person’s criminal convictions, you must carefully consider all the relevant factors raised by the person and carefully weigh any countervailing evidence of good character, or mitigating circumstances that might support an exceptional grant. Applicants are required to disclose all convictions, regardless of whether or not they are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take into account any past convictions regardless of when they took place, as nationality decisions are exempt from section 4 of the 1974 Act that provides for certain convictions to become ‘spent’ after fixed periods of time. The only exception is where the person is resident in Northern Ireland, in which case the person is only required to disclose unspent convictions as defined in the Rehabilitation of Offenders (Northern Ireland) Order 1978 (see rehabilitation periods). Where a person fails to declare a conviction or pending prosecution or provides misleading information about a conviction (for example where a person declares they received a non-custodial sentence when it is apparent, they received a custodial sentence), you must consider whether the application should be refused on the basis of the conviction as well as on deception grounds. Further information about assessing false or misleading information can be found at deception and dishonesty.

[contorted_svy]

The new rule don't mention 10 year, do they. They seem straightforward as below:

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. When assessing a person’s criminal convictions, you must carefully consider all the relevant factors raised by the person and carefully weigh any countervailing evidence of good character, or mitigating circumstances that might support an exceptional grant. Applicants are required to disclose all convictions, regardless of whether or not they are ‘spent’ under the Rehabilitation of Offenders Act 1974 (1974 Act). You may take into account any past convictions regardless of when they took place, as nationality decisions are exempt from section 4 of the 1974 Act that provides for certain convictions to become ‘spent’ after fixed periods of time. The only exception is where the person is resident in Northern Ireland, in which case the person is only required to disclose unspent convictions as defined in the Rehabilitation of Offenders (Northern Ireland) Order 1978 (see rehabilitation periods). Where a person fails to declare a conviction or pending prosecution or provides misleading information about a conviction (for example where a person declares they received a non-custodial sentence when it is apparent, they received a custodial sentence), you must consider whether the application should be refused on the basis of the conviction as well as on deception grounds. Further information about assessing false or misleading information can be found at deception and dishonesty.

The issue that I personally have unclear is how they establish the balance of probabilities, and how one proves is of good character while having a conviction. OP hasn't written a cover letter to argue their case and there seems to be a mistake in the length of the conviction - these factors together may have determined OP's refusal.

[MuhammadM86]

Yes agreed, we wouldn't know that. However, Casa did answer this questions on another post and it is good explanation extract from the policy.

british-citizenship/good-character-citi ... l#p2136176

[MuhammadM86]

Hi all
I have applied for Naturalisation on the 31/04/2023 and received refusals on the 27/04/2024.
Reason below
am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of your past convictions or other criminality

You were convicted on 31 March 2009 at .... Crown Court. You were imprisoned for 16 months concurrently. Your application will normally be refused unless 15 years have passed since the end of your sentence. Having considered your conviction and in the absence of any exceptional circumstances, I am not satisfied that the good character requirement is met.
Problem is I have been convicted at that date exactly but for 6 months. And was held in prison at the end of sentences till 10 October 2009.
Thanks
Can I apply for reconsideration or should I wait the 15 years. If yes when is it the 15 years are going to finish?

Just a question for you, how did you receive a refusals on the 27/04/2024?? is this a typo?

[maximo]

Hi MuhammadM86
I received refusals on 27/91/2024 by email from Home Atlas as you can see the reasons in the original text.
I'm pretty sure and convinced how long I was convicted and I have a prison record documents with my prison number (not name on It)and my sentence is explain on it.
I have been advice to get my certificate of conviction from the crown court that convicted me probably will have more details .
From there I can apply for reconsideration.
I have contacted the court 2 week on now , standard response, went there myself many time. Still didn't get that documents.
Will keep you update as soon I hear back from crown Court.
Thanks

[MuhammadM86]

Hi MuhammadM86
I received refusals on 27/91/2024 by email from Home Atlas as you can see the reasons in the original text.
I'm pretty sure and convinced how long I was convicted and I have a prison record documents with my prison number (not name on It)and my sentence is explain on it.
I have been advice to get my certificate of conviction from the crown court that convicted me probably will have more details .
From there I can apply for reconsideration.
I have contacted the court 2 week on now , standard response, went there myself many time. Still didn't get that documents.
Will keep you update as soon I hear back from crown Court.
Thanks

You can apply for enhanced DBS check or SAR from the ACRO, this is the Police computer records which will show you everything on it too, link https://www.acro.police.uk/s/acro-servi ... ect-access

[secret.simon]

You can apply for enhanced DBS check or SAR from the ACRO, this is the Police computer records which will show you everything on it too, link https://www.acro.police.uk/s/acro-servi ... ect-access

Would that include the length of the sentence, as opposed to the length of time served?

[MuhammadM86]

You can apply for enhanced DBS check or SAR from the ACRO, this is the Police computer records which will show you everything on it too, link https://www.acro.police.uk/s/acro-servi ... ect-access

Would that include the length of the sentence, as opposed to the length of time served?

The SAR from the police 100% shows I’ve just checked mine, not certain about DBS but I would imagine it does too.

[MuhammadM86]

@maximo would be grateful if you keep us updated on your progress going forward please.

[maximo]

Hi MuhammadM86
Here update just received today letter from crown court where I was sentenced and Is confirmed 6 month Imprisonment the 31 march 2009.
So I was sentenced less than 12 months, very different what HO said. No sure I have to wait 15 years from the end of my conviction to apply from naturalisationas my refusal letter state. There's clearly a mistake here
Next step now I'm very scared to do the reconsideration myself, I want to find a solicitor to do it for me. I will keep you update when is submitted and I also have intention to involve my mp in this matter or submit complaint.
Please what do you think I should do, my chance here.
Thanks
My case was complex , needed more time to check nearly 9 month yet they come back with this results.

[contorted_svy]

I would review the steps outlined here british-citizenship/6-months-plus-waiti ... 43483.html

You could write to your MP with the URN of the application, the email from UKVI stating the reason for the rejection, and the results from the SAR that ultimately prove your sentence was of 6 months not 16, and explaining it has been spent almost 15 years ago. I would also raise a complaint and go through all the steps until you get referred to the IEC. Form NR had been flagged in this thread, you find it here https://assets.publishing.service.gov.u ... -09-23.pdf a solicitor will be able to advise how to ask for reconsideration and if you are eligible.

[MuhammadM86]

Agreed with the above. As per the old policy for the good character, an imprisonment sentence of less than 12 months is spent after 10 years from the end of the sentence.

[maximo]

Hi MuhammadM86
Thanks for this reply. I've contacted solicitor about doing reconsideration but they didn't come back to me yet. Do you have any idea or sample how to write it in judicial manner specially in this case where conviction length is the Issue? Thanks

[MuhammadM86]

No idea sorry.