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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Have just been refused citizenship for not declaring convictions

Customer Question

Have just been refused citizenship for not declaring convictions and the home office says l have to re-apply after 10 years that would be too long any help l would get to apologies to the home office
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

What convictions do you have and from when? Why did you not declare them please?

JACUSTOMER-z5p5c7e4- : My conviction was for refusing to give speciemen and was banned for tree years 1n January 2012.the reason why l did not declare is the advice l had from friends that only if you have cases like Robert.theft .rape .terrorism that's when you have to declare but now the home office has written me saying l have to apply after 10 years .l may apply but because l did not declare my application will be refused because l did not declare previously .anything l can do to convince the home office l was totally unaware of these bad advices and apply like anyone in 5 years
Alex Watts :

Your friends have cost you bad I am sorry to say. Even if you get a speeding fixed penalty and it does not go to Court you MUST still declare it.

Alex Watts :

The UKBA application notes are very clear:

Alex Watts :

"You must give details of all criminal convictions both within and outside the United Kingdom. This includes road traffic offences. Fixed penalty notices will not normally be taken in to account unless you have received several fixed penalty notices which would suggest a pattern of behaviour that calls into question your character. Drink driving offences must be declared. If you have any endorsements on your driving licence, you must provide the paper counterpart."

Alex Watts :

You will see it says details of ALL convictions not just some

Alex Watts :

If you had a non custodial sentence then the UKBA say "Applications will normally be refused if the conviction occurred in the last 3 years."

Alex Watts :

Therefore in any event you would have been refused up to January 2015.

Alex Watts :

But based on the fact you failed to disclose this information and what your friends said was very wrong indeed the UKBA are following the correct procedure to ban you for applying for 10 years.

Alex Watts :

The difficulties you face are:

Alex Watts :

1) The conviction was in January 2012 and you could not have applied until January 2015 in any event

Alex Watts :

2) You now face a 10 year ban

Alex Watts :

This is the guidance issued by the UKBA http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/goodcharacter/

Alex Watts :

You can appeal but the appeal Judge will look at the decision made on the date of your application.

Alex Watts :

Given you accept you had been convicted in January 2012 you would have been refused in any event.

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you but I have a duty to be honest.

Alex Watts :

Your friends have really dropped you in in

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z5p5c7e4- : I do understand what you saying sir ,the appeal you said how do l go about it and is there a chance of the home office reconsidering the length of my ban ,because l really feel depressed about this
Alex Watts :

I understand that you are depressed. The UKBA can not reconsider this because even if you had declared the convictions you would not have been able to apply until January 2015.

Alex Watts :

You can ask the UKBA to reconsider the ban but sadly there is nothing in law that says they have to reduce it.

Alex Watts :

You could consider a Judicial Review of the ban which is where a Court reviews the decision to ban and sees if it is reasonable.

Alex Watts :

A Judge can agree it is correct or ask the UKBA to look at it again.

Alex Watts :

But for that you would need a Solicitor to consider drafting Judicial Review proceedings on your behalf.

Alex Watts :

It is unlikely you would get legal aid due to the changes in the rules so may have to pay for advice, but if you win you could get your costs back.

Alex Watts :

Does this help?

JACUSTOMER-z5p5c7e4- : I'm prepared to pay sir how much will it cost me for the kind of my case
Alex Watts :

I can not be instructed as this is against site rules, but for a Judicial Review you are looking at least £5000 - £10,000 if contested.

Alex Watts :

Does this answer the question for you?

JACUSTOMER-z5p5c7e4- : Yes thank you there's a form which came together with my refusal letter to fill which I says request to reconsider a decision to refusal can l fill in that one and explain as there is a space to write
Alex Watts : Yes you can ask the decision to reconsider the ban. You are not eligable as I said until jan 2015 anyway
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

Can I help with anything else?

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