British Citizenship – Good Character Requirement FAQs

[Amber]

Congratulations.

[Derivaz]

Don't fret suzy101 I sense an approval is imminent.

Yes approval was indeed imminent. Thanks.

so it was approved? congrats

[Amber]

dadageer I have split the post to here.

[TTOE]

Very good site this

https://www.nacro.org.uk/what-we-do/res ... NAP.html#4

and

https://www.nacro.org.uk/what-we-do/res ... 5,NAP.html

[Amber]

Unfortunately, Immigration and Nationality applications are excluded from the 1974 Act.

[TTOE]

Unfortunately, Immigration and Nationality applications are excluded from the 1974 Act.

I see! but how do you reconcile your statement with Section 3 - good character in the link below: "Spent"
http://www.ukba.homeoffice.gov.uk/briti ... ngtheform/

[Amber]

The website information is often outdated when it comes to the 'Good Character' requirement. Take a look at the Good Character Guidance. All convictions must be disclosed, failure to do so may be deemed as deception.

[dadageer]

Hi Amber, few months back I asked about my situation where I had a SP40 conviction back in 2006 and you said I should declare it. That SP40 initially was a FPN from Yorkshire Police but at that time I was on International license. I did send them my Int'l license but they returned saying they cannot endorse it and will seek court help (I did not challenge the FPN). Later court ordered a fine of £60 and a 3 pts penalty on my the then learner's license as I pleaded guilty by post.

I was reading all the posts and the discussion about SAR (PNC) etc. and then I realized after looking at the ACRO form that I actually applied for a ACRO SAR clearance back in 2009 (due to some employment) which I later submitted to the employer. I have a habit of scanning all important documents so I searched for old scans and found the ACRO certificate of 2009 which shows NO TRACE dated 02/04/2009. I haven't had any court conviction since 2006 so can I safely assume that I don't have any conviction against my name? if yes then should I still mention that court conviction?

Also, I was thinking of applying for a new ACRO certificate (as it is just £10) and then submit it with my application. Can we submit a ACRO PNC certificate to support our "Good character" requirement?

Thanks

[dadageer]

Sorry Amber, just read the Guidance p.27 sec 8.3 - Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application

So I will disclose that SP40 conviction..

Can I submit ACRO Police certificate to HO to satisfy Good Character requirements?

[dadageer]

The website information is often outdated when it comes to the 'Good Character' requirement. Take a look at the Good Character Guidance. All convictions must be disclosed, failure to do so may be deemed as deception.

This guide is brilliant. I just read few pages and it answered quite a few questions in my head. I would urge fellow readers to go through it before raising any questions.

[Amber]

They're aware of the guidance and will complete their own checks just just declaring the conviction should suffice.

[dadageer]

They're aware of the guidance and will complete their own checks just just declaring the conviction should suffice.

You mean no point submitting the ACRO certificate?

[Amber]

No.

[dadageer]

No.

Thanks Amber.

[Tuvoc]

Sorry Amber, just read the Guidance p.27 sec 8.3 - Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application

The wording is in interesting:
"has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application the decision maker will normally refuse the application "

So if you failed to disclose something that had "expired", that if disclosed would not have affected the application, then according to a literal interpretation, that non-disclosure should not result in a refusal. But that would be stupid.

[TTOE]

Sorry Amber, just read the Guidance p.27 sec 8.3 - Where the person has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application, the decision maker will normally refuse the application

The wording is in interesting:
"has failed to disclose any (including minor) outstanding charges or convictions that would result in refusal of the application the decision maker will normally refuse the application "

So if you failed to disclose something that had "expired", that if disclosed would not have affected the application, then according to a literal interpretation, that non-disclosure should not result in a refusal. But that would be stupid.

Anyway - pre 28/10 the form had you must disclose all spent and unspent convictions, post 28/10 the form now has disclose all convictions. "Spent and Unspent" removed completely

[TTOE]

Just wondering, why don't the HO remove this section of the form and make decisions based on all criminal convictions info of applicants available or visible to them. HO should decide individual cases based on the criminal info available to the HO. I suggest they take out this part of the form asking people to write info that may be used against their application.

When you apply for a credit card the outcome of your application will normally be based on your credit ref history available to the lenders.

For now you have to disclose all CC, sorry all.

[Sibbs1]

Hi Everyone
My first time posting here.
My husband and I are due to apply for citizenship,but the following things have been holding us back.I am hoping you can shed some light;

In 2011-I took out an IVA which is still current.i have checked the AN Form and I am not sure where I should state this as the guidance pertains to Bankruptcy.Should I still go ahead and mention it anyway??all my payments are upto date on the IVA and I have never defaulted on the agreement.

In 2009:we sold one of our properties which is abroad to a couple who also reside here.The sale did not go to plan and it ended up that the couple took us to court and civil judgement was made against us and we had to pay them back.all the payments were completed in 2010.

We have done recent credit checks and this civil judgment does not come up at all-should we still declare it?do we stand a chance at all of getting this citizenship?
Your advice is greatly appreciated

[Derivaz]

Hi Everyone
My first time posting here.
My husband and I are due to apply for citizenship,but the following things have been holding us back.I am hoping you can shed some light;

In 2011-I took out an IVA which is still current.i have checked the AN Form and I am not sure where I should state this as the guidance pertains to Bankruptcy.Should I still go ahead and mention it anyway??all my payments are upto date on the IVA and I have never defaulted on the agreement.

In 2009:we sold one of our properties which is abroad to a couple who also reside here.The sale did not go to plan and it ended up that the couple took us to court and civil judgement was made against us and we had to pay them back.all the payments were completed in 2010.

We have done recent credit checks and this civil judgment does not come up at all-should we still declare it?do we stand a chance at all of getting this citizenship?
Your advice is greatly appreciated

I think it will show in that country and I think you have to declare it, but since it's been more than 3 years, it has probably lapsed

[Sibbs1]

Thanks Derivaz for your prompt response.Just to clarify,the court was held here in the UK even though the issue was concerning a property abroad.

[MattSule]

I was convicted for 2 count of common assault in march 2010 (one conviction) and was given a community order and a fine thus a non-custodial sentence. I also have fixed penalty driving offences in 2005 and 2008 (the points have been removed from my licence). CCJ in 2012 but the CCJ has been settled and paid off in full. Every other areas of my application is solid except for the above. Do you think that i should declare the driving offences and CCJ. and do you think that my application is likely to be approved?

[Amber]

Any convictions and CCJs must be declared. If the FPNs didn't involve the courts then no need to declare them.

[MattSule]

Many thanks for your quick response. what's your view on the overall application? any prospect of them granting it?

[Amber]

Should be ok so long as you stay out of trouble.

[Amber]

Should be ok so long as you stay out of trouble and meet the other standard requirements.