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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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hope you can help me with my query. I been living in

Customer Question

hope you can help me with my query.

I been living in the UK for 8 years . I've received an IRL on Aug 2010 , so now I am eligible to apply for a British citizenship. But I think my case have a few complications. I've received my IRL because I've been married to an EU national for more than 6 years, but we got divorced in Jan 2011. Another problem, is that i have the criminal conviction ( £240 fine) from June 2009 , so it's not spent at this point.

Can you please consider my case , and if it's possible, give me an advice if it's a right choice for me to apply for the Naturalization at this point ?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

I’m sorry but it would be imprudent to apply for naturalisation now. There is a requirement that the applicant should be of “good character” at the time of application.
This means that the applicant must not have any unspent convictions at the time of application. If they do then the UKBA is entitled to reject the application on this basis alone. Therefore, you would effectively be arguing that the UKBA exercise their discretion to allow your application. They are under no obligation to do so and, knowing them as I do, they would reject it until it has become spent under the Rehabilitation of Offenders Act 1974.
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