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Jo C.
Jo C., Barrister
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I received a police caution for shoplifting a few months back.

Resolved Question:

I received a police caution for shoplifting a few months back. I'm married to a British citizen and have permanent residence in UK. I am about to apply for citizenship (Form AN). Do I need to disclose the police caution on the form?

More info that may help:
Link to completing the applicatio form:
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/completingtheform/

Link to form (pdf):
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_an.pdf

Link to guide (pdf):
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_an.pdf
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.
Can you tell me what question exactly you have been asked on the form?
Customer: replied 4 years ago.

Below is the section which deals with this but the guide has some information as well:

Guide:

SECTION 3: GOOD CHARACTER

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.

If you are not honest about the information you provide and you are naturalised 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 that it is untrue.

Among the duties and obligations, which you are expected to fulfil, is payment of income

tax and National Insurance contributions. We may ask H.M. Revenue & Customs for

confirmation that your tax and National Insurance affairs are in order. When you sign the

application form you will be giving your consent for us to approach them.

3.1 - 3.5. If you do not pay income tax through PAYE you must demonstrate that you

have discharged your obligations towards the H.M. Revenue & Customs, by

attaching a Self Assessment Statement of Account (see page 28).

3.6 You must give details of all civil judgments which have resulted in a court order

being made against you. If you have been declared bankrupt at any time you should

give details of the bankruptcy proceedings. Your application is unlikely to succeed if

you are an undischarged bankrupt.

You do not need to give details of family law proceedings such as divorce decrees dissolved

civil partnerships, guardianship orders, parental responsibility orders etc.

You must give details of all criminal convictions both within or outside the United

Kingdom. These include road traffic offences, but not fixed penalty notices which have not

been given in a court. Fixed penalty notices include parking and speeding offences. Drink

driving offences must be declared.

You do not have to give details of any offences which are "spent" under the Rehabilitation

of Offenders Act 1974. Under that Act certain convictions may be regarded as "spent" in the

United Kingdom after certain periods of time from the date of conviction if you have not

been convicted of other offences during that time. "Spent" means that it will be ignored. A

leaflet about this called "Wiping the Slate Clean" is available from the Home Office, Direct

Communications Unit,XXXXX LONDON SW1P 4DF.

Criminal record checks will be carried out in all cases. If you have a conviction which is

not yet "spent" under the Rehabilitation of Offenders Act 1974, an application for

citizenship made now is unlikely to be successful. We would therefore advise you to wait

until the end of the rehabilitation period before making an application.

We will normally disregard a single conviction for a minor offence resulting in a bind over,

conditional discharge or relatively small fine or compensation order, if a person is suitable

for citizenship in all other respects. By "minor offences" we mean speeding or other

"regulatory" offences. Offences involving dishonesty (e.g. theft), violence or sexual offences

are not classed as minor offences. Drink-driving offences, driving while uninsured or

disqualified are not minor offences either.

19

The following table gives examples of sentences and rehabilitation periods. In calculating

the spent period it is the prison sentence that counts, not the time served, and a suspended

sentence counts as if it were a prison sentence.

If you have a conviction which is not spent you are unlikely to be naturalised, as the Home

Secretary would not be satisfied that you are of good character. An application would fail

and the fee would not be fully refunded. Similarly if you have been charged with a criminal

offence and are awaiting trial or sentencing, you are advised not to make any application for

naturalisation until the outcome is known. If you are convicted, you should then consult

the table of sentences and rehabilitation periods on the following page.

3.7 You must say if your details have been recorded by the police as a result of certain

sexual offences, or if you are subject to one of the following orders: notification

order, sexual offences prevention order, foreign travel order, risk of sexual harm

order. If your details are recorded on the "sex offenders" register, even if any

conviction is spent, the Home Secretary is unlikely to be satisfied that you meet the

good character requirement and so an application for citizenship is unlikely to be

successful.

 

Form:

Criminal Convictions: Civil Judgments

3.6 Do you have any criminal convictions in the UK or any other country (including traffic offences) or any civiljudgements made against you?

Yes No

If you have answered Yes to question 1 above please give details below for each sentence starting with the most

recent one. If you have received more than two sentences you should continue on page 14. Convictions spent under

the Rehabilitation of Offenders Act 1974 need not be disclosed (see guide page 18). If you have answered No

please go to question 3.7.

Information may be checked with other agencies.

First sentence

Nature of offence

Date sentenced

Sentence given

Country where

sentenced

Second sentence

Nature of offence

Date sentenced

Sentence given

Country where

sentenced

11

3.7 Are your details recorded by the police in respect of certain sexual offences (i.e. on the "sex offenders register"), or

are you subject to a notification order, a sexual offences prevention order, a foreign travel order, or a risk of sexual

harm order?

Yes No

3.8 Have you ever been charged or indicted inside or outside the United Kingdom with a criminal offence for which you

have not yet been tried in court?

Yes No

3.9 In times of peace or war have you ever been involved in, or suspected of involvement in, war crimes, crimes

against humanity or genocide?

Yes No

3.10 Have you ever been involved in, supported or encouraged terrorist activities in any country? Have you ever been

a member of, or given support to an organisation which has been concerned in terrorism?

Yes No

3.11 Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may

encourage others to terrorist acts or other serious criminal acts?

Yes No

3.12 Have you engaged in any other activities which might indicate that you may not be considered a person of good

character?

Yes No

For the purposes of answering questions 3.9 to 3.11 please refer to the AN Guide which provides guidance on actions

which may constitute war crimes, crimes against humanity, genocide or terrorist activities

Expert:  Jo C. replied 4 years ago.

 

You can truthfully answer no to all other questions except 3.12. Then you need to declare this as you do not have good character.


But you do not have a criminal conviction and so you can say that you do not.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64439
Experience: Over 5 years in practice.
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