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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I came here with my parents in 1981 and consequently got our

Customer Question

I came here with my parents in 1981 and consequently got our stay to remain indefinitely. I went to prison in 2003 for 23 months following early release for alledged affray an domestic violence. While in prison my parents applied for British Citizen including mine but while they got theirs, they were told that I am of age and would not be granted then because of my being in prison. Do you think I will be refused one even though I have served my term? I have also lost my Nigerian passport. Do I need to get that first because that is where the stamp of my indefinite is/

Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.

Thank you for your question. Please remember to rate my answer positively.

 

It does not seem that you will obtain British Citizenship unless you have unspent convictions. What this means is that under the rehabilitation act your conviction must be spent.

 

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

 

We will carry out criminal record checks on all applications from people aged 10 and over.

 

You must also provide details of all civil proceedings which have resulted in a court order being made against you.

 

You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below.

 

If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.

 

You may also wish to see the following link informing you when your conviction will be spent: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter32/section2/section2.pdf?view=Binary

 

If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent. A conviction becomes spent after a certain period of time has passed (we call this the rehabilitation period).

 

The length of time it takes for a conviction to become spent will depend on your sentence. It starts from the date on which you are convicted. The period may be shorter if you were aged under 18 at the time of your conviction.

 

If you have been sentenced to more than 30 months in prison for a single offence, this can never become spent. Your application for citizenship is therefore unlikely to be successful.

 

If you have been convicted of a criminal offence but the rehabilitation period has passed by the time you make your application you do not need to provide details of the conviction on your application form. If you were convicted of a further offence during the rehabilitation period of your original conviction, the rehabilitation period for your original conviction may be extended.

 

If you have been convicted of a criminal offence and the spent period has not passed you must include details of the conviction on your application form. If the conviction is unspent at the time of your application, it is unlikely that your application will be successful.

 

For further guidance on the rehabilitation period, please see Guide AN. Information on how a conviction becomes spent, and a chart providing examples of rehabilitation periods for various sentences, can be found in the Good Character section of this guide.

 

Offences for which you may go to court or are awaiting a hearing in court

You must provide details of any offence for which you may go to court for or are awaiting a hearing in court. This includes any offences for which you have been arrested and are waiting to hear if you will be formally charged.

 

Regarding your passport, yes it would benefit your application if you can provide the UKBA what a copy of your passport containing the indefinite leave to remain stamp.

 

I hope this clarifies the matter if so kindly rate my answer positively so i can get credited for my time.

 

Kind regards

UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I told you that my old passport is lost. I do have a disused one with the indefinite stamp on it. If i attach it with explanation with my application will it be accepted?

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes any evidence regarding your indefinite leave to remain stamp will be helpful. You should submit this and explain why you do not have the original.

Kind regards

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