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thanks Guro/D4109125"] for such details answer,i will do the same you have advised,my wife is also intitled in FEBRUARY 2014 for citizenship,she completed five years + one year after ILR ,is there any affect on her application--------------apply togeather and gave him genuine reason why i am not disclose------look further what happen thanks again for kind adviseD4109125 wrote:That friend who told you that couldn’t be more wrong, the Home Office have direct access to the Police National Computer.
When you applied in 2011 your conviction was not spent as per the 1974 Act. Thus it would have been a mandatory refusal, given the conviction was for dishonesty. Now that would have been it, just a straight forward refuse but given that you failed to declare a conviction when the question clearly states have you ever been convicted that would prima facie amount to deception. Deception is one of the most serious allegations and understandably creates an immediate presumption that you were of Bad Character. In such circumstances a 10 year citizenship ban is arguably justified.
If you had waited until either the conviction was spent or until 2 years had lapsed (post December 2012) then you would have been successful. For the purpose of Good Character (post Dec/12), the non-custodial conviction lapsed following 2 years since it was issued. If you apply before 2022 you face a real likelihood of immediate rejection and loss of the fees.
The only way around this would be to show some reason that you did not intend to deceive the UKBA i.e. you received professional advice saying that you did not need to declare the conviction, but you didn’t you listened to a friend and tried to deceive the Home Office. Given the fact that the conviction of a suspended sentence had not even expired, trying to rebut the presumption of deception is near on impossible.
If you do reapply you must declare the conviction and tick yes! Furthermore, you must write a letter explaining in depth why you believe your character is good and why the caseworker should use discretion and ignore the ban that is in place (do not just pretend you were not banned). Unless you can show exceptional reasons you will be refused.
thanks come back if any thing more for explainD4109125 wrote:You can not apply. You have a conviction which has not lapsed. Your conviction will lapse in September 2014 as was given in September 2011. You have been forewarned that even applying after September 2014 you face a refusal. Let your spouse apply on her own.
sorry i want to clear on thing my cautioned was clear september 2013,start from september 2011,that is apply 2014 february with wife,can i took help for any soliciter,is there any in your mindD4109125 wrote:You can not apply. You have a conviction which has not lapsed. Your conviction will lapse in September 2014 as was given in September 2011. You have been forewarned that even applying after September 2014 you face a refusal. Let your spouse apply on her own.
Hellow again: CONDITIONAL CAUTIONS: SPENT AS SOON AS CONDITIONS ENDS my conditional cautions until september 2013 according to-----http://www.yourrights.org.uk/yourrights ... spent.htmlD4109125 wrote:No, it is not clear, you suspended sentence, stop saying caution, will have expired after 2 years as was a 2 year suspended sentence but for the purpose of 'Good Character' it will not lapse until 3 years has passed thus September 2014. No point in asking a solicitor as is just a straight forward refusal.
