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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, Got my indefinite to remain in UK

Customer Question

wrong category was choosen.. need imigiration law on this question!!


 


Hi, Got my indefinite to remain in UK in 1997. In 2003 I worked TKMAXX and had few stuff in my locker till I get paid anyways went to magistrate court for theft and got 40hr community service. Later in 2006 I went to crown court for Arson and handed 18month suspended sentence and 40hr community sentence which I did complete and since then I have not got in trouble with police. Now since this new law has introduced can I apply for neutralization and to get my British passport. I mean since I haven't been to prison will it count as a non-custodial sentence which I can apply after 3 years since finishing the sentence. It's been 7 years lapsed since my 18 month suspended sentence. Am I good to apply?? Regards

Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
Yes, you should be ok to apply now. Make sure you fully disclose your history - you can be refused for non-disclosure even if the fact you do not disclose would not have been a reason for refusal.
Expert:  Howard replied 11 months ago.
I note that you have viewed the answer that I provided but you appear to have forgotten to rate the service that was provided to you.

Please make sure that you get this done. If you require further clarification then I will be happy to help once your rating has been provided.
Customer: replied 11 months ago.

Hi, can you be little more specific as you just said yes you can apply but include all your convictions. I need little bit more specifics before rating your service.


 


regards

Expert:  Howard replied 11 months ago.
I am not sure how much more specific I can be?

The correct answer is that you should disclose the information that you provided in your question. The point is that even where the offences (or the fact that they are spent where this is applicable) would not cause refusal, non-disclosure CAN be a reason for refusal.

Does this answer your question? If not then can you ask a specific question that you need answered in order to understand the situation.
Customer: replied 11 months ago.

So does this mean my 18 month suspended sentence that was received in june 2006 counts as a non-custodial sentence. Because before the new law they considered suspended sentence same as imprisonment and its has a rehabilitation period of 15 years before applying.


 



So what you saying is that my suspended sentence counts as non-custodial sentence which has a rehabilitation of 3 years before applying?

Expert:  Howard replied 11 months ago.
Yes, that is correct and you are ok to apply now.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Hi, sorry to bother you again.. My wording regarding can I apply for neutralization now was actually referring to will my application be successful if I apply now and include all my convictions??


 



Regards


 

Expert:  Howard replied 11 months ago.
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