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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Advice about whether to apply for naturalisation (uk) The

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Advice about whether to apply for naturalisation (uk)

The person concerned is aged 18 and mentally disabled. Whilst aged 16 he was involved in a family dispute assault for which his father was given a suspended sentence and he was given an absolute discharge on 8 April 2013. That is now spent. All other records are fine indeed excellent.

However I see the good character requirements have changed.
Would he need to wait 3 years from sentence date or does he have a reasonable case now?

Thank you
Hi, thank you for your question.

Unfortunately regardless of when the offence was committed the home office requires all applicant's to meet the new criminality requirements.

In this case the home office would still require the 3 years to have passed, but if the applicant has been given an absolute discharge then the applicant would not need to adhere to the criminality requirements because it has all been discharged it is as if he had never committed an offence.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards

Customer: replied 4 years ago.

Yes it is an absolute discharge and the spent period is passed.


So according to your answer he can apply as the criminality requirement would not apply? Just clarifying

Thank you for your reply.

Yes, that is correct, if he was never convicted, warned or cautioned then he would not need to adhere to the criminality requirements as he was never convicted or received any type of out of court disposal in respect of the incident.

I hope this clarifies the matter.

Kind regards
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