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Good character

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Dear Home Office,

I hugo fernandes, were convictected of breach of restrain order, and sent to prion for six weeks back in 2013 and then in 12 months probation that ended in march of 2015

Because of the changes of the act of 1974 of rehabilitation act I would like to know how long do I have to wait until time spent of my conviction so when suitable to applying for the British citizenship?

Yours faithfully,

Hugo Fernandes.

Further Nationality Enquiries, Home Office

Dear Hugo Fernandes,

Thank you for the email,

To be of good character you should have shown respect for the rights and freedoms of the United Kingdom, observed its laws and fulfilled your duties and obligations as a resident of the United Kingdom. Checks will be carried out to ensure that the information you give is correct. Individuals intending to apply must declare all cautions and convictions. Criminal record checks will be carried out in all cases.

We consider the length of any sentence you may have been given, and when it was given, in accordance with the following tariffs. Please see the table below for more information:

Sentence Impact
1 4 years’ or more imprisonment Application will normally be refused, regardless of when the conviction occurred
2 Between 12 months’ and 4 years’ imprisonment Application will normally be refused unless 15 years have passed since the end of the sentence
3 Up to 12 months’ imprisonment Applications will normally be refused unless 7 years have passed since the end of the sentence
4 A non-custodial sentence* or other court of court disposal that is recorded on a person’s criminal record. Applications will normally be refused if the conviction occurred in the last 3 years
*a caution would also be regarded as a non-custodial sentence.

With regard to any convictions you may have had, you should also note the following:
• If you have been convicted of a criminal offence you must declare all these on your application form
• If you have served a custodial sentence you should check the table above to see when you can apply
• If you have received a non custodial sentence or caution in the three years prior to the date of your application it will fall for refusal.

If you have been sentenced for up to 12 months’ imprisonment your application will normally be refused, unless a period of 10 years have passed since the end of the sentence. This includes convictions in the UK or overseas.

Your application will be refused if you have attempted to deceive the Home Office within the last 10 years.

Your application may also be refused if you have been involved in immigration offences in the last 10 years, such as entering the UK illegally, evading immigration control, helping someone else abuse the immigration laws, or abuse of the Knowledge of Language and Life in the UK requirement. Any immigration offence will also be considered as part of the good character requirement.

We would not normally take Fixed Penalty Notices into account, unless you have had more than one fixed penalty notice in the last 12 months. In that case, you may wish to wait to make your application until you have no more than one fixed penalty notice in the 12 month period before applying.

It should be noted that if a Fixed Penalty Notice or fiscal fine has been referred to a court due to the non-payment of the fine, or if the notice has been challenged and subsequently upheld by the court, then this is treated as a conviction for our purposes.

Information about the good character requirement for naturalisation may be found in Section 3 of our guidance notes, which may be found on our website at:
www.gov.uk/government/publications/guide...

Further information may be found in Annex D to Chapter 18 of the Home Office Staff Instructions, which may be found at:
www.gov.uk/government/publications/chapt...

If you are not honest about the information you provide, your application may be refused and you may not be eligible to submit a further application for 10 years. If you are granted citizenship on the basis of incorrect or fraudulent information, you will be liable to have British citizenship taken away (deprivation) and be prosecuted. It is a criminal offence to make a false declaration knowing it is untrue.

The onus is always on the applicant to ensure that they fully meet the requirements for any application as set out in the appropriate guide. All applicants are advised to read the guide thoroughly and make sure they satisfy the requirements before submitting any application. We will not be able to tell you prior to submitting any application whether it will be successful or not.

You may therefore wish to seek advice from a professional legal adviser in private practice before submitting any application. A list of suitably qualified advisers can be obtained from the Office of the Immigration Services Commissioner. Their website is at: www.oisc.homeoffice.gov.uk/

Alternatively you may contact them by calling 0300 123 2253.

Regards

M Goode
Central Correspondence team
Customer Service Operations
UK Visas and Immigration
www.gov.uk/ukvi

We would like to hear about your experience and invite you to spend a few moments completing this customer satisfaction survey:
www.homeofficesurveys.homeoffice.gov.uk/...

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