British Citizenship – Good Character Requirement FAQs

[Derivaz]

hi derivaz.
nothing yet pal still waiting since 7 may. but i emailed them week ago, they goes (I have checked our records and can see that your application is still being processed by the casework team. Please note that the team aim to complete 95% of applications within 6 months, and I cannot offer an estimated completion date for any application.)

alright, that means that it's been assigned to a caseworker; so theoretically, it will depend on the complexity of your application and in reality, probably on your luck as well haha

I'd keep emailing them every 2 weeks or so until it's been 6 months and then phone them using the option 2/2 and ask what happened; so you still have 2 months to go...

Let us know how you get on. Good luck

[Derivaz]

hi derivaz.
nothing yet pal still waiting since 7 may. but i emailed them week ago, they goes (I have checked our records and can see that your application is still being processed by the casework team. Please note that the team aim to complete 95% of applications within 6 months, and I cannot offer an estimated completion date for any application.)

alright, that means that it's been assigned to a caseworker; so theoretically, it will depend on the complexity of your application and in reality, probably on your luck as well haha

I'd keep emailing them every 2 weeks or so until it's been 6 months and then phone them using the option 2/2 and ask what happened; so you still have 2 months to go...

Let us know how you get on. Good luck

[fshah]

hello can somebody plz help me
i got my ilr in nov 12 and i m going to apply for naturalization in nov 13 im a bit confused beacause i have got two liability orders for not paying council tax which i am paying nw and i was caught by police in may 13 for using mobile phone while driving and under 3 yr child not buckled up properly i was given a penalty notice of £60 for seat belt offence and was offered to do a driving course for mobile offence which i attended no driving points given should i be applying for citizenship or is it suicidal mission
PLZ HELP

[Amber]

You should be ok to apply as the FPN didn't involve the courts did it? And include proof you're paying the council tax back and declare the liability orders.

[Jonriker]

You should be ok to apply as the FPN didn't involve the courts did it? And include proof you're paying the council tax back and declare the liability orders.

Hi, I think there's been a lot of useful advice regarding FPN. I am due to convert to citizenship as well.

My slight confusion is with regards to FPN speeding.

I got caught by a speeding camera (not by a police officer on the spot) early this year. I only became aware of it when I received a letter from the traffic police.

I pleaded guilty, via the form supplied, paid the 60 pound fine and got 3 points on my driver's counterpart. The charge was SP30, which seems a common enough ticket on this thread.

Herein lies my confusion, does it mean I was 'convicted via the courts' or was it a straightforward FPN. I didn't keep the original letter as I sent it back with the monies to pay the fine.

Could anyone advise?

[Derivaz]

You should be ok to apply as the FPN didn't involve the courts did it? And include proof you're paying the council tax back and declare the liability orders.

Hi, I think there's been a lot of useful advice regarding FPN. I am due to convert to citizenship as well.

My slight confusion is with regards to FPN speeding.

I got caught by a speeding camera (not by a police officer on the spot) early this year. I only became aware of it when I received a letter from the traffic police.

I pleaded guilty, via the form supplied, paid the 60 pound fine and got 3 points on my driver's counterpart. The charge was SP30, which seems a common enough ticket on this thread.

Herein lies my confusion, does it mean I was 'convicted via the courts' or was it a straightforward FPN. I didn't keep the original letter as I sent it back with the monies to pay the fine.

Could anyone advise?

thats an interesting situation; I wonder if there is a place where you can check if you have a conviction; maybe a police station.

[Amber]

If it's just an FPN and did not involve the magistrates court there should be no effect.

[Jonriker]

If it's just an FPN and did not involve the magistrates court there should be no effect.

Thanks Amber (D). Depressingly, though, I think it's probably involved through the courts.
I looked at my driver's counterpart and there is a code number under 'Convicting Court'.

Just because I didn't have to appear at court, doesn't mean it wasn't via the courts, right? I think it's just a modern and convenient way for the traffic police and the courts to minimize work-load when issuing FPNs.

But someone earlier raised a good point. Is there any way to check if one actually does have a conviction (via the courts)?

[Amber]

Yes, a MoJ SAR (Click) asking for details from the local magistrates court. Or sometimes, just going into the magistrates court with ID they'll search the system for you.

Yes, to be convicted you don't have to attend Court, you would receive a summons on which you can plead guilty. If that is the case, it would be a 3 year bar.

[Derivaz]

Yes, a MoJ SAR (Click) asking for details from the local magistrates court. Or sometimes, just going into the magistrates court with ID they'll search the system for you.

Yes, to be convicted you don't have to attend Court, you would receive a summons on which you can plead guilty. If that is the case, it would be a 3 year bar.

very useful info; I'd check with court beforehand.

Actually, they can also ask for a certificate that shows that he doesn't have any criminal record and send it with the application, not sure how to request it though; I needed it once, to apply for a job, but the company requested it on my behalf.

[Jonriker]

Yes, a MoJ SAR (Click) asking for details from the local magistrates court. Or sometimes, just going into the magistrates court with ID they'll search the system for you.

Yes, to be convicted you don't have to attend Court, you would receive a summons on which you can plead guilty. If that is the case, it would be a 3 year bar.

very useful info; I'd check with court beforehand.

Actually, they can also ask for a certificate that shows that he doesn't have any criminal record and send it with the application, not sure how to request it though; I needed it once, to apply for a job, but the company requested it on my behalf.

Oh? Is the SAR I read about in this thread a good check to see if one has any 'unspent convictions'?

Is so, one wouldn't need to fret or be confused about one's record then. Are there different types of SAR or there is one specific one that can be used to check for any unspent criminal convictions?

[Amber]

Not really, a PNC SAR does not show all court convictions they're not linked I'm afraid.

An unspent conviction just means ones not covered by the 1974 Act. Although, the Home Office search the PNC, if you don't declare a conviction and they find out, that's an automatic 10 year ban and a possible prosecution.

[Jonriker]

Not really, a PNC SAR does not show all court convictions they're not linked I'm afraid.

An unspent conviction just means ones not covered by the 1974 Act. Although, the Home Office search the PNC, if you don't declare a conviction and they find out, that's an automatic 10 year ban and a possible prosecution.

Hi Amber, fine if I PM you?

Regards

[Derivaz]

Not really, a PNC SAR does not show all court convictions they're not linked I'm afraid.

An unspent conviction just means ones not covered by the 1974 Act. Although, the Home Office search the PNC, if you don't declare a conviction and they find out, that's an automatic 10 year ban and a possible prosecution.

Isn't there a report that one can get showing that you don't have any conviction, FPN, etc... basically, showing that you don't have any criminal record?

I needed to get one for a job years ago and the company got it on my behalf, but I don't know the name.

[Amber]

No, the public do not have access to standard or enhanced DBS certificates. You can get a Disclosure Scotland certificate (Basic) which will shows unspent convictions. However, like I said previously if you are convicted at court it is not always on the PNC.

[Derivaz]

No, the public do not have access to standard or enhanced DBS certificates. You can get a Disclosure Scotland certificate (Basic) which will shows unspent convictions. However, like I said previously if you are convicted at court it is not always on the PNC.

OK, I don't know what certificate my company got on my behalf then; because it had to show that I didn't have any conviction; maybe the company got the enhanced DBS certificate, because it was required for a job; I had to authorise it though.

[Jonriker]

hmmm.... seems like there might be differences of opinion here.

I'll engage an immigration advisor and see what they say. They should be able to shed more clarity.

Will keep people posted.

[Amber]

Yes a umbrella company can request Standard or Enhanced DBS certificates for employment and you authorize it.

If you want to waste £xxx on an adviser then so be it, the'll not be able to advise you until you know whether or not you have a conviction.

[Derivaz]

hmmm.... seems like there might be differences of opinion here.

I'll engage an immigration advisor and see what they say. They should be able to shed more clarity.

Will keep people posted.

Good luck Jonriker, let us know how you get on

[Derivaz]

Yes a umbrella company can request Standard or Enhanced DBS certificates for employment and you authorize it.

If you want to waste £xxx on an adviser then so be it, the'll not be able to advise you until you know whether or not you have a conviction.

If they can only advise you once you know whether or not you have a conviction, they are not very useful for BC apps.

Luckily I don't have any vague circumstances, but I can see how it would be useful to give people access to their own records; otherwise, people might have a conviction and not even be aware of it....

[Jonriker]

well, I sought an immigration agent's advice today.

She is of the opinion that it is considered FPN, as I didn't even attend court.
Think this is still subject to interpretation at the end of the day. perhaps it really is up to the discretion of each individual case worker.

[Amber]

You don't need to attend court to be convicted, but perhaps try finding our first.

[Derivaz]

well, I sought an immigration agent's advice today.

She is of the opinion that it is considered FPN, as I didn't even attend court.
Think this is still subject to interpretation at the end of the day. perhaps it really is up to the discretion of each individual case worker.

Did she tell you how to check?

[Jonriker]

yes, she said there are two types of FPN. One issued by the police, one issued by the courts.

Usually, FPN issued by the courts are the ones where it causes issues. However, my FPN was sent by the traffic police, not the court.
She said you need to check closely who sent the letter. For minor speeding, it is a letter sent by the traffic police, thus considered an FPN by police and considered done and dusted once paid.

If you breach the speeding too much, you get a court summons instead of a letter by the police. The confusion is because the court summons also allow people to also plead guilty and accept a fixed penalty.

Obviously, I hope what she said is correct. She mentioned I could do a Disclosure Scotland to see what is on record. Her stand is that, it is the government ('aka in the government records') that determines whether one has convictions or offenses, not the individual.

Her argument is that, if we consider the flip-side, of the 'individual' determining whether one has a 'conviction' -> then if robbers and burglars argue they are not convicted and the 'government records' are wrong; do we then take the word of robbers and burglars then?

[Derivaz]

yes, she said there are two types of FPN. One issued by the police, one issued by the courts.

Usually, FPN issued by the courts are the ones where it causes issues. However, my FPN was sent by the traffic police, not the court.
She said you need to check closely who sent the letter. For minor speeding, it is a letter sent by the traffic police, thus considered an FPN by police and considered done and dusted once paid.

If you breach the speeding too much, you get a court summons instead of a letter by the police. The confusion is because the court summons also allow people to also plead guilty and accept a fixed penalty.

Obviously, I hope what she said is correct. She mentioned I could do a Disclosure Scotland to see what is on record. Her stand is that, it is the government ('aka in the government records') that determines whether one has convictions or offenses, not the individual.

Her argument is that, if we consider the flip-side, of the 'individual' determining whether one has a 'conviction' -> then if robbers and burglars argue they are not convicted and the 'government records' are wrong; do we then take the word of robbers and burglars then?

it all makes sense and I've already read on gov.uk that some speeding fines are FPNs and some are court summons (it depends on the speed), so it sounds like she's right.

That must be determined by the government; the question is if that the disclosure shows all the convictions; if so, get one and you'll be sure; did she say how you can get one?