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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have a question regarding british citizenship requirements

Customer Question

hello i have a question regarding british citizenship requirements ie criminal conviction rehabilitation period
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My husband had 12 months prison sentence in 2005 but only served 6 months and license finised in 2006. I do understand that UKBA Changed their rule of 'good character' as per below.****quote from website****
On 13 December 2012, the UK Border Agency (UKBA) as part of the wider immigration changes announced the way it will assess the ‘good character’ requirement for naturalisation applications. It is pertinent to note that criminal convictions will no longer be considered ‘spent’ but will be evaluated according to a ‘sentence based threshold’.
These changes now make it mandatory for individuals to declare any offences or convictions ever received either in the UK or abroad. Where an offence occurred abroad, it will be considered in line with the equivalent UK offence and the relevant sentencing threshold applied.
From the 1 October 2012, certain immigration and nationality decisions were exempt from s4 of the Rehabilitation of Offenders Act (ROA) 1974. As a result, the concept of a conviction becoming “spent” no longer applies when making an assessment of good character. Therefore, when dealing with nationality applications made on or after 13 December 2012, the UKBA will normally refuse an individual who has a conviction within the relevant sentence based threshold as detailed below.
If an individual has been convicted of an offence in the UK, the length of time they must wait before making a naturalisation application is:
Sentence of 4 years or more imprisonment – the application will be refused, regardless of when the conviction occurred.
Between 12 months and 4 years imprisonment – the application will be refused unless 15 years have passed since the end of the sentence.
Up to 12 months imprisonment in the last 7 years – the application will be refused unless 7 years have passed since the end of the sentence.
A non-custodial offence – the applications will be refused if the conviction occurred in the last 3 years.****Unquote****My question is is the above "Up to 12 months imprisonment in the last 7 years – the application will be refused unless 7 years have passed since the end of the sentence." still in force, the reason why I am asking is the actual UKBA naturalisation gudance has only list 3 categories they are: Sentence of 4 years or more imprisonment – the application will be refused, regardless of when the conviction occurred.
Between 12 months and 4 years imprisonment – the application will be refused unless 15 years have passed since the end of the sentence.
A non-custodial offence – the applications will be refused if the conviction occurred in the last 3 years.Thank you.Best regards,
Miyuki
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Nicola
Customer: replied 1 year ago.
Please cancel this request then. May I have refund please as the money has been taken out from account already. Thanks.
Expert:  chatham-chamber replied 1 year ago.

Hi,

Do you still require a response?

Customer: replied 1 year ago.
No thank you.