CHANGES ANNOUNCED TO THE GOOD CHARACTER REQUIREMENTS WITH BRITISH CITIZENSHIP APPLICATIONS
On 5 December 2007 the Home Office announced that is altering the‘good character’ requirements for those applying for British Citizenship. The hanges will take affect from 1 January 2008. Applications made on or after that date will normally be refused, according to the Home Office, if the Applicant has been convicted of a criminal offence and the conviction has not yet become spent
The good character requirement applies to anyone who is aged ten or over. There are certain other limited circumstances in which it doesn’t apply.
The Home Office states that they will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or a relatively small fine or compensation order, if the person meets the requirements of citizenship in all other respects. ‘Minor Offences’ means speeding or other “regulatory” offences. The Home Office say that offences including dishonesty, violence or sexual offences will not be classed as minor offences and nor will drink driving, driving whilst uninsured or disqualified.
This is a change from the Home Office’s previous policy where they would consider granting citizenship after a “clear period” whether or not the offence is spent. In many cases the Home Office’s new policy will now mean that individuals have to wait longer to apply for citizenship because it will take longer for the convictions to become spent than it would for their convictions to be within the “clear period” . In addition to this it will mean that certain people with criminal offences for the types of criminal offences that never become spent may not ever (if the Home Office vigorously apply its policy) be able to acquire British Citizenship
Applications for citizenship, where the Applicant has committed an offence, are likely to become much more difficult in many cases. Applicants who might be affected by these changes and who are in a position to apply for citizenship prior to the 1 January 2008 may wish to make their application a soon as possible to ensure that it arrives before that date. If you would like assistance with applying for citizenship, advice on how these rules might affect you, or advice as to whether or not your conviction is spent, then we would be happy to assist.
Louise Boyes
Partnership Member
Fisher Jones Greenwood LLP