Applying for British Citizenship - Good Character Requirement
Applicants for naturalisation as a British Citizen need to be aware of the “good character” requirements they have to satisfy before their application will be granted by the Home Office.
Please note that the law relating to immigration and citizenship changes frequently and we recommend that those applying seek advice before they make their application to avoid wasting time and costs in the event of a refusal.
What are the requirements?
- Applicants must show that their tax and National Insurance contributions are paid up to date. This applies to both employed and self-employed people. The Home Office will check records with HMRC when they process an application.
- If civil judgements have been made against the applicant, e.g county court judgements for debt, full details must be given on the application form. This includes details of any bankruptcies. Applications from undischarged bankrupts are likely to be refused.
- The requirement to disclose any criminal convictions is comprehensive, and includes those which are “spent”. Fixed Penalty Notices (e.g for speeding) will be discounted, unless more than one has been incurred in the 12 months before the date of application.
- Any drink/driving offences have to be declared, and any endorsements on the driving licence. If any outstanding charges have not yet been dealt with, these must be disclosed.
- Following recent changes in the law, parents who apply for citizenship are obliged to disclose convictions of their children, or if an order such as an ASBO has been imposed. The Home Office will carry out an assessment of whether they consider the applicant parent has exercised sufficient control over the child in these circumstances.
- A single minor offence resulting in a conditional discharge or a small fine may be disregarded. This does not include offences involving dishonesty or violence.
New Home Office Guidelines:
- The Home Office have drafted guidelines which state the periods of time which need to pass before certain offences and sentences would be disregarded in those applying for citizenship.
- These range from “non-custodial” offences, which would lead to refusal only if they had occurred in the last three years, to four years imprisonment or more, which would always lead to refusal of citizenship regardless of the length of time which had elapsed since the sentence was imposed.
If we can help you with this or any other immigration issue, please contact us on 0207-625-5590 or by e-mail on mleate@jdspicer.co.uk and we shall be pleased to help you.
How can we help?
Common questions
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
Yes, read about the recent cases we've helped our clients with here.
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
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