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  • Convictions...

    Hello again,

    I am now awaiting for the outcome of settled status. Just gave all the documents required today. At the moment, I don't think I will apply for UK naturalisation. I have been in the UK since 2003, and in 2006 (November) I had a crash with my car involved with an abandoned parked car (LUCKY), however let's say I was intoxicated, and the police arrested me (sober myself in jail) and shortly after I was convicted of drink driving and failing to provide a specimen( refused to use their breathalyser). So to my understanding they are now both convictions spent. (11 years and 5 years respectively). This is something I am scared to apply for (good character....) for AN ... I think I would be refused. Ever since well nothing, just fines, (parking). I also I am married to a British man with 2 British children. So do you think I will be refused ? I just don't want to spend all those fees, and be refused based on my convictions?
    Thank you

  • #2
    Originally posted by Pinkypimkie View Post
    Hello again,

    I am now awaiting for the outcome of settled status. Just gave all the documents required today. At the moment, I don't think I will apply for UK naturalisation. I have been in the UK since 2003, and in 2006 (November) I had a crash with my car involved with an abandoned parked car (LUCKY), however let's say I was intoxicated, and the police arrested m both convictions spent. (11 years and 5 years respectively). This is something I am scared to apply for (good character....) for AN ... I think I would be refused. Ever since well nothing, just fines, (parking). I also I am married to a British man with 2 British children. So do you think I will be refused ? I just don't want to spend all those fees, and be refused based on my convictions?
    Thank you
    Actually, it's not as bad as you think, a friend of mine was refused citizenship in 2004 because of a drink driving conviction but was told to wait 3 years to apply, which he did, and he's been British for over 10 years now.

    This was in line with what's on pages 12-13 of the Good Character Guide: Link

    Click image for larger version  Name:	SentenceBasedThresholdsAN.png Views:	2 Size:	244.9 KB ID:	2547

    Attached Files

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Gabriella B (lawyer) could you please advise? Many thanks.

      I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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      • #4
        If the drink driving offence happened in 2006, it should not be a reason for refusal, but it is very important to disclose it in the form and provide an explanation in the cover letter, otherwise the Home Office may refuse your application simply because you failed to disclose it (deception). Have you disclosed this conviction when you applied for settled status? Do you have any other conviction? The post above from Site Admin shows you the Home Office guidance on good character. When you apply make sure you read the most updated version of the guidance and prepare a cover letter explaining why citizenship should be granted (or get legal advice if you are not sure how to do it)

        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

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        • #5
          I did disclose the conviction on the SS application form, but I don't remember telling what convictions I had.( Done on the
          I only have 2 spent convictions from 2006 both on the same date. Drink driving and failing to provide specimen. Parking fines as well not many. I am still undecided if I should apply or not...UK at the moment is not giving me " don't worry it is going to be ok vibes" ....

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          • #6
            Only you can take this decision. Settled status could be good enough for you as it gives you the right to remain in the UK indefinitely. It can be lost if you leave for 5 consecutive years or the HO may decide to revoke it if you commit an offence. You need to consider the cost of the application and the benefits of becoming a citizen and decide. If you clearly explain your situation I don’t think your offence should lead to a refusal, in the basis of what you told us

            I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

            Comment


            • #7
              Originally posted by Pinkypimkie View Post
              I did disclose the conviction on the SS application form, but I don't remember telling what convictions I had.( Done on the
              I only have 2 spent convictions from 2006 both on the same date. Drink driving and failing to provide specimen. Parking fines as well not many. I am still undecided if I should apply or not...
              The citizenship fee is non refundable, so, if, after reading the Good Character guide I have pointed you in the direction of, you still have any doubts, you may wish to seek some private legal advice. We have a team of lawyers who volunteer for the group and also private services. A consultation would set you back a fraction of the citizenship fee and could make all the difference, Gabriella, who kindly responded above, is one of them. Their details can be found here: Lawyers - UKCEN Citizenship and Residence for European Nationals and their families

              Originally posted by Pinkypimkie View Post
              UK at the moment is not giving me " don't worry it is going to be ok vibes" ....
              No idea what you mean by this, we don't deal with "vibes" here, only facts. If you're not sure your application would succeed, then you can either consult a lawyer as above, or else just stick to settled status, which gives you full rights to everything, the only real reasons to apply citizenship would be:
              1. Full voting rights and being able to run for office, including local government (the right to vote in local elections and run for office in local government are EU related and likely to go after Brexit). There may be some civil service jobs that also require British citizenship.
              2. Being able to leave the UK for as long as you want and being able to come back without losing status (although British nationals are still subject to the HRT for certain benefits and being ordinarily resident for NHS hospital treatment if returning from abroad).
              3. Not facing deportation if you commit an offence that results in a prison sentence of 12 months or longer in the future (which is currently the criteria under the immigration rules and will apply to offences committed by EU nationals after Brexit).

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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              • #8
                Thank you so much for both of you! It seems that now I have to decide whether to go to that route or not. What I am thinking is if at the moment those fees are expensive now, and it is likely to increase as the time passes, unless the home office decides to freeze those fees. I may want later or not...also circumstances may change...for example I divorce, separate or widow ...at the moment he can sponsor me, but I don't know if he can still sponsor me should my marital status changes... ( Hoping not, but you never know!) And I don't work (yet) as I have been bringing my children up... Ok pillow talk these days...
                ​​

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                • #9
                  Originally posted by Pinkypimkie View Post
                  Thank you so much for both of you! It seems that now I have to decide whether to go to that route or not. What I am thinking is if at the moment those fees are expensive now, and it is likely to increase as the time passes, unless the home office decides to freeze those fees.
                  If memory serves me, they were frozen this year.

                  Originally posted by Pinkypimkie View Post
                  I may want later or not...also circumstances may change...for example I divorce, separate or widow ...at the moment he can sponsor me, but I don't know if he can still sponsor me should my marital status changes... ( Hoping not, but you never know!) And I don't work (yet) as I have been bringing my children up... Ok pillow talk these days...
                  ​​
                  There is no need to have a sponsor to apply for citizenship, being married to a British citizen is only relevant in terms of not having to wait 12 months to apply after being granted settled status, but once the 12 months are up, the application can be made at any time in the future.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment

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