referees for naturalisation application

[balaplus]

Is it ok to have a referee with driving disqualification (a non-imprisonable offence) ?

[John]

You are no doubt referring to this extract from the AN Guide :-

We will not accept a referee who has been convicted of an imprisonable offence during the last 10 years and the sentence has not become spent under the Rehabilitation of Offenders Act 1974 – see page 24.

A couple of points .... firstly are you absolutely sure that the offence is not imprisonable? That is not the same as asking whether this particular person was sent to prison. If in doubt, what exactly was the driving offence?

Secondly, can't you find someone else?

[balaplus]

John,

All I know is, this person was disqualified from driving for 2 years (However he is allowed to drive now). I am not sure if his ban fell under the category of 'imprisonable offences'

Given that he can drive now, I was hoping the reference would be fine.

[ppron747]

I think that the point is that in many cases the person could have been sent to prison, rather than simply being disqualified/ fined. So, what you're friend did may still be "an imprisonable offence", even though he was not jailed for it.
To be safe, I'd be inclined to ask someone else to be your referee, if possible.

[balaplus]

Thanks for your opinion ppron

To play it safe, I am going to have to find another referee. Normally, the rehabilitation period for a disqualification is the length of the disqualification itself. My only reasoning was that if he is driving now, it is equivalent of 'sentence spent'.

I guess I am better off trying someone else.

[John]

Balaplus, you have told us the sentence .... two years disqualification .... but you have not told us what the conviction is for. As Paul rightly says the fact that he was not imprisoned does not mean that he could not have been sent to prison for that offence.

Far better to find another referee, rather than need to clarify whether this person committed an imprisonable offence.

[sywahu]

I have got a similar problem with my referee. I asked my boss and he has filled in the section. but now I am having doubts on whether he has known me "personally" for 3 years.

Not sure what qualifies "personally and not just professionally". We don't socialise outside work except for the occassional drinks etc. He thinks its nothing but its my app. on the line here

Any advice?

[ppron747]

Someone with the same name as you posted a similar question a month ago - maybe you'll pick up a few hints here

[sywahu]

thanks for the re-cap

yes I am a few days away from going to the NCS and this is the only little nagging thing pending.

But whats the worst case scenario? They can refuse the application on "inadequate/unreliable references"? Has actually ever happened?

[John]

Indeed yes, both referees need to meet all the criteria .. at least 25 years of age ... etc etc.

[sywahu]

Thanks John.

Technically, the criteria section doesn't explicitly contain the "not only professionaly...." statement... which is why I decided to use my boss. Otherwise I would have certainly looked for someone else.

[ppron747]

Are we looking at the same page, sywahu? On the copy of guide AN(NEW) that I've got, the section on referees says -

Your application must be supported by two referees. Each must have known you personally (rather than just professionally) for at least 3 years and be:
a British citizen
aged 25 years or over
not related to you
not related to the other referee
not your solicitor or agent