Good character requirement for neutralization in UK

[mase1984]

I was given 18month suspended sentence in July 2006 for Arson when I was 21. Anyways I applied for citizenship in 2005 but later received a letter saying to wait until the outcome of the case).

The UK Border agency website (AN GUIDE) saying that if imprisonment between 12m to 4yrs has a rehabilitation of 15years but I'm sure this was much lower before 2008. Since I applied in 2005 I will be eligible prior to 2008 act as stated in the FAQ's on UKBA so trying to find the old guide but can't find it, can anyone provide how many years the rehabilitation was back then for 18m suspended sentence.

Its been 7 years now since my conviction, if the judge give me 12month this would of been all over by now :S.

PLEASE ADVISE ME ON THIS, Thanks so much!

[Amber]

You should be ok to apply now see question 1 and 2 of the good character FAQ (click)

[VR]

Mase1984,

You are good provided you did not have any part of your suspended sentence activated. And if it was a one off as per the new rules which kicked in from Dec 2012, you can apply.

But In the form in the convictions page declare your conviction and submit the original copy of the sentence.

Another bit of evidence you should submit is when the sentence was completed.

They would have been asked to attend your local Probation office and the visits recorded. On the last visit the Supervisor would have signed the card that sentence was completed.

Same is true if you were also asked to do unpaid hours as part of community pay back. That Card needs to be attached as evidence.

When you fill up the convictions page here is what you need to do:

Check the Box 3.6 Yes

Then go to 3.7
Put the Name of the Country in the boxes
Nature of Offence which you can find on the order
Sentence Given : Suspended Sentence Order
Put the date in the Box to the right
Now the most important Part ***************
If you were sentenced to a period of imprisionment..... LEAVE THIS BLANK.
( Filling it up causes unnecessary confusion as the case workers think you have been jailed and your application will get delayed).
Then in the 3.10 to 3.10 all should be NO if your application is to succeed.

Apply and post the details on the forum so that the Moderators can create a separate sticky as people with suspended sentences will benefit from any precedents and experiences posted here.

Thanks to Amber who did some proactive work the confusing interpretation by Case workers and anamolies in the guidance have been taken care of and hopefully in the new set of forms next month the proper guidance will be there..
Good Luck
VR

[mase1984]

Thanks for your response. Now just to clarify few things.

When I was given 18month suspended sentence and 40hr community service back in 2006, After that I did not get in any sort of trouble till today. Does that mean I have not activated my suspended sentence because I don't understand that term. Also they did not send me any letter or had to go someplace once my suspended sentence ended and when I completed my 40hr community service they most probably signed something saying i did my 40hr but was long time ago and don't think I kept it :S.

I did go to my solicitors but they said your records will automatically get deleted after 6years so don't have exact dates, If i do CRB check will the details and date of my conviction be there.

How come its okay to apply when in UKBA saying imprisonment is same same suspended sentence and there is a 15years rehabilitation period before applying.

Thank you so much for your reply's and wish you guys every success for helping other.

[Amber]

Thanks for your response. Now just to clarify few things.

When I was given 18month suspended sentence and 40hr community service back in 2006, After that I did not get in any sort of trouble till today. Does that mean I have not activated my suspended sentence because I don't understand that term. Also they did not send me any letter or had to go someplace once my suspended sentence ended and when I completed my 40hr community service they most probably signed something saying i did my 40hr but was long time ago and don't think I kept it :S.

I did go to my solicitors but they said your records will automatically get deleted after 6years so don't have exact dates, If i do CRB check will the details and date of my conviction be there.

How come its okay to apply when in UKBA saying imprisonment is same same suspended sentence and there is a 15years rehabilitation period before applying.

Thank you so much for your reply's and wish you guys every success for helping other.

The ukba were treating a suspended sentence as a custodial sentence for nationality. However, after raising a dispute this has been changed and should be reflected in the October guidance.

The conviction will always remain on the PNC but will be filtered from the DBS (CRB) if its your only conviction.

[VR]

Dear Amber,

I was reading with interest the List of convictions which will be filtered by the DBS and the surrounding Rules. Ever since the Anitha Masson recommendations came and the LASPO 2012 came out on May 1st 2012 I wanted to see if the system really was moving towards a progressive, rehabilitative phase.

To my surprise I found that its a Cart before the horse scenario with n number of new rules coming out . It all boils down to the sentence given to decide whether it will be filtered out or not. I can assure you that there were cases where the redtape in the form of new rules won and spent sentences effectively remain till the person leaves this earth or 100 years whichever is earlier

In his case a suspended sentence is treated as a custodial sentence and will remain for life..
cheers
VR

[VR]

Mase1984,

I believe the CRB system is paralysed in the middle of implementing changes to the ROA 1974. Repeated deadlines have passed and the jobsworths have yet to commence Sec 139 of the Laspo Act 2012.

In the above situation to avoid delays you could do a subject access request and get details of your conviction for the purpose of your Naturalisation application. Here is the link..

http://content.met.police.uk/Article/Ma ... 0005855548

Good Luck
cheers
RV

[Amber]

All convictions will remain on the PNC but for disclosure on DBS certificates, the new filtering arrangements which came into force on May 29 as a result of a Court of Appeal case shed some light for ex offenders. For an adult, the custodial sentence (it doesn't not matter if it was served) will never be filtered as opposed to a non custodial sentence which will be filtered from the DBS after 11 years. That is subject to the individual having only one conviction and the offence not being on the prescribed list.

[mase1984]

Again like to thanks both of you for your time and additional information, this has been really helpful.

So you guys think I should go for it and apply for neutralization? Shall I wait till Oct to send my application? Or get the date of my conviction and fill it up and send rightaway? I think they charge around £1400 and didn't want the money to go to waste by them replying and say you have to wait x amount of time because of the conviction .

I will take on all your advice and do exactly what you have instructed me to do.

Again I would like to thank Amber VP for their support.. THANK YOU

[VR]

Dear Amber,

Are you sure it is a single conviction? I was given an impression that they will look at how many counts of the offence were there on the sentence even though it was a single conviction.

Also the Schedule 1 list was outdated. Not sure if any attempt is being made to reform this one. If you look closely at this list, you will realize this needs to be in sync with the reforms taking place (ROA , sentencing, Rehabilitation , Disclosure et al). This has been ignored and in the process negating the few steps of progress achieved.
cheers
VR

[Amber]

See the DBS filtering arrangements guidance (click) the list of prescribed offences is also there.

[VR]

Mase1984,

Do not wait till the end of October as they have changed the rules for English Language requirement.

Your application will be successfull. If you have passed the Life in UK test and have the Original transcript, do not wait.
cheers
vr

PS: Amber thanks for the DBS filtering link

[Amber]

Moreover, the fee is £874 for a single adult.

The use of the NCS (click) is advantageous and costs around £55 more.

[h2000]

Hello, kindly advise me where I stand in applying for British citizenship with the new good character law if I got a non-custodial sentence for drink- driving. I convicted on 08/09/2008 and got £40 fine and 20 working in a charity shop. I also got 20 months disqualification but no points. The information on their guidance as compared to the website is very confusing. Kindly advise on my situation. your assistance in this would be highly appreciated.
Many thanks

[Amber]

Read The Good Character FAQ (click) Question 2, and ask in that thread if not sure.

[h2000]

thankyou, much appreciated