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A non-custodial offence / occurred in the last 3 years.

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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SHK
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Posts: 32
Joined: Wed Dec 05, 2012 6:06 pm

A non-custodial offence / occurred in the last 3 years.

Post by SHK » Sun Mar 10, 2013 12:34 pm

We are applying for Naturalization

Current Rules: A non-custodial offence / Applications should be refused if the conviction occurred in the last 3 years.



Wife CCJ happens on credit card payment 3 years ago in 2008 and 2009

My CCJ happen in 2 years ago on credit card payment on 2011.

Do we need to mention this on AN1 Application Form or more than three

year is fine and I can only mention mine as we are applying as joint
application.

Amber
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Posts: 17495
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: A non-custodial offence / occurred in the last 3 years.

Post by Amber » Sun Mar 10, 2013 10:26 pm

SHK wrote:We are applying for Naturalization

Current Rules: A non-custodial offence / Applications should be refused if the conviction occurred in the last 3 years.



Wife CCJ happens on credit card payment 3 years ago in 2008 and 2009

My CCJ happen in 2 years ago on credit card payment on 2011.

Do we need to mention this on AN1 Application Form or more than three

year is fine and I can only mention mine as we are applying as joint
application.
A ccj is not a criminal offence it is a civil issue. Furthermore, it is not a fine. Yes you must declare it and the important question is, have you paid the debts or are you trying to pay them? If not, why not?

BigSam
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Posts: 207
Joined: Thu Oct 27, 2011 7:21 pm
Location: Northwest

Re: A non-custodial offence / occurred in the last 3 years.

Post by BigSam » Sun Mar 10, 2013 11:18 pm

D4109125 is right, this is a civil matter and not a criminal conviction. You should declare it as being a civil judgement made against you. Below is an extract from Annex D of the caseworker instructions which you should be aware of

"8.6 Debt
8.6.1 Police enquiries, or other information, may suggest that an applicant is heavily in debt. Caseworkers should not use this as grounds for refusal if loan repayments have been made as agreed or if acceptable efforts are being made to pay off accumulated debts. But where an applicant deliberately and recklessly builds up debts and there is no evidence of a serious intention to pay them off, caseworkers should normally refuse the application.
"
I disapprove of what you say, but I will defend to the death your right to say it...

SHK
Newbie
Posts: 32
Joined: Wed Dec 05, 2012 6:06 pm

Post by SHK » Sun Mar 10, 2013 11:46 pm

I am paying to creditor on monthly basis and I can add the evidence that company is receiving money and it will clear within a year.

My CCJ happened in 2011

My wife is also paying but do we need to mention her because it happened in

2008 and 2009 more than three years ago and according to new rules any

non custodial sentence or charge within 3 years.

If it is more than 3 years still we need to mention?

Amber
Moderator
Posts: 17495
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Mon Mar 11, 2013 6:40 am

SHK wrote:I am paying to creditor on monthly basis and I can add the evidence that company is receiving money and it will clear within a year.

My CCJ happened in 2011

My wife is also paying but do we need to mention her because it happened in

2008 and 2009 more than three years ago and according to new rules any

non custodial sentence or charge within 3 years.

If it is more than 3 years still we need to mention?
It's not a criminal offence so forget about the 3 year rule please! Yes you need to declare it they're civil judgements. Provide proof you're repaying and you should be ok. Use the NCS.

SHK
Newbie
Posts: 32
Joined: Wed Dec 05, 2012 6:06 pm

Post by SHK » Mon Mar 11, 2013 9:49 pm

Thank you

You confident advise is very helpful for me.

Regards

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