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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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Does getting a caution effect the application of British Citizenship?

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Does getting a caution effect the application of British Citizenship? This is worrying me very seriously!
Hi

Do you have any other convictions?

What were the circumstances of the offence?

Tom
Customer: replied 3 years ago.

Hi,


 


No I don't have any other conviction. The caution was given last week because of shop lifting.


Circumstances: I could've either refused admitting and take the chance of going to the court, or admitting it and just receive a caution. I took the caution.


I am worried if the law has changed since December 12th 2012 for cases like me?

Hi

Thanks for your patience.

Please refer to the following guidance on the Good Character requirement issued by the UKBA:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexd?view=Binary

In particular please refer to section 3.5.5. You will note that the guidance on it from December 2012 indicate that a caution is now regarded as a “non-custodial offence”. As such, unfortunately where an application is made within 3 years of the date that you received the caution then the application for naturalisation should be refused.

If you attempt to apply within three years of the date of the caution then the UKBA caseworker will reject the application and retain the application fee,.

Applications for naturalisation are quite expensive. Persons of normal means would probably regard the application fee as not something they were willing to risk in circumstances where it is probably that it would be rejected. Therefore, most normal persons would wait the three years out because of the almost-certain loss of the application fee.

Were you to make the application you would not stand a very good chance at all I’m afraid. Even with heavy mitigation and very strong character references I would still not be very confident. However, if you can easily afford and do not mind losing the application fee you can still try you luck, but I would not advise it frankly.

I am very sorry, it’s a great shame that the rules have been tightened in this area recently.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,
Hi,

I note you have given me a "poor service" rating. I just want to ensure that you are satisifed so please let me know how you would like me to clarify the answer for you?

You will appreciate that in some circumstances I have to give answers that customers don't like but are nevertheless correct according to the law, which is the service that you pay for..

Having regard to this and the time I have spent on your question I would be grateful if you would change your rating to "okay service" because a "poor service" rating reflects very badly on me as an expert even though the advice is correct.

Kind regards,


Tom
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Tom,


 


Thank you for the explanation.


 


And as for the second part, would a CRB check of big companies (i.e. big fours) require to know about my caution? Or in other words would they simply refuse my application based on having a caution?


 


Thank you.

Hi,

The caution would show up on an enhanced CRB check, but not on a basic one so it depends on what CRB check they carry out.

As to whether they could refuse to employ you on this basis, I'm afraid that I'm not sure because it's an employment law question rather than an immigration one.

Kind regards,

Tom
Customer: replied 3 years ago.

Thank you Tom.


 


My questions have ended. Could you please confirm that I would only be charged 61 pounds only once.
I am worried if your website has automatically subscribed me for the monthly membership, as I don't intend to use.


 


Thank you.


 


Sam

Sam,

I'm an expert so I don't know what you opted for.

I will ask the admins to contact you to clarify though.

Tom