lifting 10 year ban for British citizenship
Nov 10th 2014, 6:43 pm
#1
Just Joined
Thread Starter
Joined: Nov 2014
Posts: 2
lifting 10 year ban for British citizenship
Hi all,
I have been living in the UK for 10 years, my wife for 8 years. I am originally from France and my wife has a 5 year non EEA residence permit. My wife wanted to become British so she applied for British Citizenship recently. Unfortunately she has been refused and cannot reapply for 10 years.
After our son was born, she had a post natal depression and we were arguing frequently, one day the police came and she received a caution. At the time in April 2013, the police described a caution as a non criminal offence and that it would not be on her criminal record. My wife did not keep any record of this. So we did not mention it on her BC application as we genuinely did not know it would appear anywhere.
Now because we should have disclosed it she is now banned to reapply for citizenship for 10 years. I would like to know if anybody if it is possible to lift the 10 year ban as she was not hiding facts but just did not know. The non disclosure was non intentional.
Thanks
I have been living in the UK for 10 years, my wife for 8 years. I am originally from France and my wife has a 5 year non EEA residence permit. My wife wanted to become British so she applied for British Citizenship recently. Unfortunately she has been refused and cannot reapply for 10 years.
After our son was born, she had a post natal depression and we were arguing frequently, one day the police came and she received a caution. At the time in April 2013, the police described a caution as a non criminal offence and that it would not be on her criminal record. My wife did not keep any record of this. So we did not mention it on her BC application as we genuinely did not know it would appear anywhere.
Now because we should have disclosed it she is now banned to reapply for citizenship for 10 years. I would like to know if anybody if it is possible to lift the 10 year ban as she was not hiding facts but just did not know. The non disclosure was non intentional.
Thanks
Nov 10th 2014, 7:12 pm
#2
BE Forum Addict
Joined: Sep 2014
Posts: 1,114
Re: lifting 10 year ban for British citizenship
flashldn
Does your wife have indefinite leave to remain in the UK? If she does, the only thing she need to watch out for is that she cannot leave the UK for more than two years.
Hope this helps.
HKG3
Does your wife have indefinite leave to remain in the UK? If she does, the only thing she need to watch out for is that she cannot leave the UK for more than two years.
Hope this helps.
HKG3
Nov 10th 2014, 7:35 pm
#3
Just Joined
Thread Starter
Joined: Nov 2014
Posts: 2
Re: lifting 10 year ban for British citizenship
No she did not leave the uk for more than 2 years. We will try to apply for a non eea permanent residence card. Hopefully she will get it once 2 years have passed since the caution. Do you know how to lift a 10 years ban for citizenship?
Nov 10th 2014, 11:13 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: lifting 10 year ban for British citizenship
Failure to declare previous criminal convictions on Form AN is considered deception by the Home Office and leads to an automatic 10 year ban on applying for British citizenship. If you can demonstrate that you did not intend to deceive then there may be a chance the ban will be lifted but it may be difficult to prove. As such I would contact an experienced immigration solicitor for advice.
https://www.gov.uk/government/upload...de_AN_v1_0.pdf
https://www.gov.uk/government/upload...de_AN_v1_0.pdf
3.19 You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so.
You must tell us if you have practised deception in your dealings with the Home Office or other Government Departments (e.g. by providing false information or fraudulent documents). This will be taken in to account in considering whether you meet the good character requirement. If your application is refused, and there is clear evidence of the deception, any future application made within 10 years is unlikely to be successful.
You must tell us if you have practised deception in your dealings with the Home Office or other Government Departments (e.g. by providing false information or fraudulent documents). This will be taken in to account in considering whether you meet the good character requirement. If your application is refused, and there is clear evidence of the deception, any future application made within 10 years is unlikely to be successful.
