HM Forces: Criminality – Meeting the Good Character Requirement
Good Character
To be of good character you should have shown respect for the rights and freedoms of the UK, observe its laws and fulfilled your duties and obligations as a resident of the UK. Checks will be carried out to ensure that the information you give is correct.
If you are not honest about the information you provide, and you are registered on the basis of incorrect or fraudulent information you will be liable to have British citizenship taken away (deprivation) and you may be prosecuted. It is a criminal offence to make a false declaration knowing that it is untrue. For full details see the guidance here.
Military Conviction or Criminal Conviction
Behaviour which is not a crime in civilian life can be a disciplinary matter in HM Forces. There are two types of non-criminal conduct (disciplinary offences):
- Offences listed on Schedule 1 of the Police and Criminal Evidence Act 1984 (Armed Forces Order 2009), for example, misconduct towards a superior officer or using force on a sentry. These offences will appear on a criminal record and can be considered by the Home Office when undertaking a broader consideration of character, conduct and association requirement of the suitability requirements in Appendix Armed Forces.
- Non-criminal conduct (disciplinary offences) which are not listed on Schedule 1 of the Police and Criminal Evidence Act 1984 (Armed Forces Order 2009), for example, disobeying an order or being untidily dressed. These offences must not appear on an applicant’s criminal record and if they do they must not be considered for immigration or nationality purposes.
A disciplinary or conviction in a military court (whether a Summary Hearing or Courts Martial) is not necessarily considered to be a criminal offence and therefore may not affect an application for settlement or Citizenship. However, it is prudent to take advice prior to applying for either Indefinite Leave to Remain or British citizenship if an applicant has a criminal conviction or a service related offence.
Offences against military service law are set out in the Armed Forces Act 2006 and fall into two categories:
- criminal conduct offences
- non-criminal conduct (disciplinary) offences.
The Home Office will consider any criminal conduct offence imposed under service law in the same way as one imposed by a civilian court.
However, a non-criminal conduct (disciplinary) offence will not be treated in the same way as criminal convictions and should be disregarded by the Home Office for immigration and nationality purposes. However, non-criminal conduct (disciplinary) offences, may be considered when considering character and conduct requirements under the suitability requirements of Appendix Armed Forces.
Please note, that absent without leave (AWOL) is considered a non-disciplinary offence and is therefore not normally recorded on the Police National Computer (PNC), but time spent AWOL and any punishment received, must be disclosed to the Home Office.
Offences dealt with in the Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2009, must also be disclosed by applicants as criminal convictions.
Single criminal conduct offences which have attracted the following sentences will be disregarded by the Home Office as a conviction for immigration and nationality purposes:
- restriction of privileges
- stoppage of leave
- admonition (caution or warn)
- reduction in rank.
However, if an applicant has numerous minor punishments, particularly over a short period of time, the Home Office will consider these in line with the character, conduct and associations aspects of the suitability criteria.
Types of Non-criminal (disciplinary) offences – Armed Forces Act 2006
Convictions for the offences detailed below should not be recorded on the PNC and should not be treated as criminal convictions or considered when the Home Office assesses good character. Convictions for these offences need not be disclosed by the applicant on the application form unless they include any punishment received for a period of absence without leave (AWOL). However, it is not advisable to withhold information from the Home Office.
Contrary to Armed Forces Act 2006 Part 1 – Offences
Section 1 – Assisting an enemy
Section 2 – Misconduct on operations
Section 3 – Obstructing operations
Section 4 – Looting
Section 5 – Failure to escape
Section 6 – Mutiny
Section 7 – Failure to suppress mutiny
Section 8 – Desertion
Section 9 – Absence without leave
Section 10 – Failure to cause apprehension of deserters or absentees
Section 12 – Disobedience to lawful commands
Section 13 – Contravention of standing orders
Section 15 – Failure to attend for, or perform, duty
Section 16 – Malingering
Section 17 – Disclosure of information useful to an enemy
Section 18 – Making false records
Section 19 – Conduct prejudicial to good order and discipline
Section 20 – Unfitness or misconduct through alcohol or drugs
Section 21 – Fighting or threatening behaviour
Section 22 – Ill–treatment of subordinate
Section 23 – Disgraceful conduct of a cruel or indecent kind
Section 25 – Misapplying or wasting public or service property
Section 26 – Definition of public property or service property
Section 31 – Hazarding of ship
Section 32 – Giving false air signals
Section 33 – Dangerous flying
Section 34 – Low flying
Section 35 – Annoyance by flying
Section 36 – Inaccurate certification
Section 37 – Prize offences by officer in command of ship or aircraft
Section 38 – Other prize offences
Section 39 – Attempts
Section 41 – Aiding, abetting, counselling or procuring.
Useful information and Links
For more information see related links to:
- Appendix Armed Forces here
- HM Forces Criminality here
- The Police and Criminal Evidence Act 1981 (Armed Forces) Order 2009 Schedule 1 here
- The Police and Criminal Evidence Act 1981 (Armed Forces) Order 2009 here
- (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2009 here
For information on how to contact UKVI regarding Citizenship applications here.
To request your documents to be returned here.