How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 5 months ago.
Category: Law
Customer: replied 5 months 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 5 months 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.
Thank you!
Nicola
Customer: replied 5 months 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 5 months ago.

Hi,

Do you still require a response?

Customer: replied 5 months ago.
No thank you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice