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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi there- here is my situation: I'm Argentinian and I have

Resolved Question:

Hi there- here is my situation:
I'm Argentinian and I have a residency permit or leave to remain indefinitely which was grated to me 6 years ago- I am married to my British wife and have 3 British kids.
Two years ago I was caught and done for drink driving and got a suspended license and a fine and a criminal record- ( I am back in road now legally driving again ) that was and will be my only offence, however I am looking in applying for my British citizenship and I wanted to know if because of my record if i apply will be refused ? And if so how long shall I wait until to be able to apply ?
I will appreciate your response, many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
In order to natrualise you have to show that you are of “Good Character”. Details of this are on the following link:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/385792/Chapter_18_Annex_D_v02_141210_web_version.pdf
You will note that at table s.2.1 on page 5 that if you have been convicted of a criminal offence for which you receive a non-custodial sentence (ie. no jail) then your application would be refused if the conviction occurred within last three years.
Therefore, your application would be refuse if you submitted an application for naturalisation with the three years following the date of conviction.
So, the earliest time at which you could apply and not have your application automatically rejected would be three years after your conviction. Once three years from the conviction as elapsed you can apply but I would submit character reference from persons of authority on you behalf stating that this was out of character, as well as a personal statement from you explaining any mitigating circumstances and giving details of your rehabilitation and good behaviour since.
If you do this and do not have any other convictions then you should be fine.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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