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Referee with criminal conviction

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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lalvani
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Referee with criminal conviction

Post by lalvani » Thu Apr 04, 2024 4:30 pm

I have been asked to act as a referee for a child I have known since birth.
On the referee form it states
'Referees must not have been convicted of an imprisonable offence during the last 10 years (unless that conviction can be disregarded in line with the table shown in the Guide)'

I have looked in the Guide (MN1) dated October 2023 and can find no such table.

Does anyone know where I can find this table?
I have a spent conviction for a minor offence 5 years ago, will this mean I can't be a referee?

Thank you

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alterhase58
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Re: Referee with criminal conviction

Post by alterhase58 » Thu Apr 04, 2024 5:25 pm

MN1 doesn’t lay down the rules for referees, those are general rules for nationality applications.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

lalvani
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Re: Referee with criminal conviction

Post by lalvani » Thu Apr 04, 2024 5:29 pm

Thanks, do you know which guide they mean?

secret.simon
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Re: Referee with criminal conviction

Post by secret.simon » Thu Apr 04, 2024 5:32 pm

It is explicitly stated in both the Form AN guidance and the Form MN1 guidance in identical language.
We will not usually accept a referee who has been convicted of an imprisonable offence during the last 10 years
The absence of the table may just mean that the two guidances have been updated, but the form hasn't.

For the sake of simplicity, I would suggest that you don't referee any applications until ten years have passed since your conviction.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

lalvani
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Re: Referee with criminal conviction

Post by lalvani » Thu Apr 04, 2024 5:37 pm

Thanks, can you clarify what is meant by an imprisonable offence, does it mean that the offence itself could have led to a prison sentence or whether it actually did? In my case I got a 5 month suspended sentence for 2 years.

secret.simon
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Re: Referee with criminal conviction

Post by secret.simon » Thu Apr 04, 2024 5:43 pm

I am not a lawyer, keep that in mind. I am interpreting it in it's plain meaning.

I think it means that the offence that you were convicted of can or does carry a prison sentence is enough, even if you don't actually serve time for it.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

lalvani
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Re: Referee with criminal conviction

Post by lalvani » Thu Apr 04, 2024 5:46 pm

Thanks, what is strange is that in the good character guide it says that convictions with suspended sentences are ignored after 3 years. It seems like their requirements for referees are tighter than for actual citizens.

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contorted_svy
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Re: Referee with criminal conviction

Post by contorted_svy » Fri Apr 05, 2024 10:22 am

That would make sense, as they want referees's reputations to be impeccable in order for their word to be reliable and allow minting new British citizens. New good character guidance is also a lot harsher towards people who have received prison sentences.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Re: Referee with criminal conviction

Post by AmazonianX » Sat Apr 06, 2024 3:51 am

lalvani wrote:
Thu Apr 04, 2024 5:46 pm
Thanks, what is strange is that in the good character guide it says that convictions with suspended sentences are ignored after 3 years. It seems like their requirements for referees are tighter than for actual citizens.
It's appears so, the grant of naturalisation to the applicant or applicants is partly based on your recommendation and vouching for such person or persons.

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