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British Citizenship – Good Character Requirement FAQs

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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AnotherUUID
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Re: British Citizenship – Good Character Requirement FAQs

Post by AnotherUUID » Wed Jan 23, 2019 7:20 pm

Aerebus wrote:
Wed Jan 23, 2019 6:59 pm
Yes, I did.

Do you think after 3 years and I disclose it to them they will approve it or still a gonna get refused?

If citizenship get refused, can you re-apply or you need to wait for years again?

Thank you!
You can reapply as many times as you want, and yes you will have to disclose it irrespective of how far back you were issued with a caution.

As citizenship is discretionary, there is no guarantee that your application will be approved or not. However, if your application is refused, you will be given a reason - as part of your refusal letter - explaining the circumstances that lead to the caseworker's decision. The letter will also state whether and how long you will need to wait before a subsequent application has a chance of being successful. This will usually be based on any ongoing periods of rehabilitation for offences as well as any evidence of fraud, deception, etc which has not been declared but has been discovered as part of the background checks. The latter may lead to a 10y bar on applications from the date on which the offence was first discovered, or from the date of decision for offences that were first discovered during the application process.

Provided you have no future offences in these three years that may lead to questioning whether you are of good character, there should be no reason to refuse your application on the grounds of your single caution. You can take a look at the GCR guidance notes for caseworkers for more information on what could impact the GCR. This includes the guidance rehabilitation periods for various offences.

Aerebus
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Re: British Citizenship – Good Character Requirement FAQs

Post by Aerebus » Wed Jan 23, 2019 7:36 pm

I have ILR that valid until 2024, just in case my Citizenship would get refused, am I able to re-apply ILR?

Thank you!

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CR001
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Re: British Citizenship – Good Character Requirement FAQs

Post by CR001 » Wed Jan 23, 2019 7:44 pm

Aerebus wrote:
Wed Jan 23, 2019 7:36 pm
I have ILR that valid until 2024, just in case my Citizenship would get refused, am I able to re-apply ILR?

Thank you!
Your ILR BRP card expires, you simply renew the card (similar to a drivers licence), you don't apply for the whole ILR process again.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: British Citizenship – Good Character Requirement FAQs

Post by Aerebus » Wed Jan 23, 2019 8:56 pm

How to renew it sir and how much it cost?

Thank you so much!

Im getting depress now about my future, to be honest! Because of one single incident happened everything is falling apart. :(

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CR001
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Re: British Citizenship – Good Character Requirement FAQs

Post by CR001 » Thu Jan 24, 2019 9:08 am

Aerebus wrote:
Wed Jan 23, 2019 8:56 pm
How to renew it sir and how much it cost?

Thank you so much!

Im getting depress now about my future, to be honest! Because of one single incident happened everything is falling apart. :(
Please ask this question in the General Immigration sub forum as it is NOT relevant to this topic in the British Citizenship sub forum!!!
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: British Citizenship – Good Character Requirement FAQs

Post by OHT2019 » Thu Jan 24, 2019 9:33 pm

Hi,
Hope the most experienced people will be able to help,
I was cautioned in 2016 /common assault,
I am applying for my Naturalisation in May 2019.
by the time I apply, I will have had the caution for more than 3 years ;
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record;;
Application will normally be refused if the conviction occurred in the last 3 years


any chance my application may be refused , for any reason would that have a negative impact on my dependent as they will apply at the same time.

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Re: British Citizenship – Good Character Requirement FAQs

Post by alsanober » Thu Jan 24, 2019 9:40 pm

OHT2019 wrote:
Thu Jan 24, 2019 9:33 pm
Hi,
Hope the most experienced people will be able to help,
I was cautioned in 2016 /common assault,
I am applying for my Naturalisation in May 2019.
by the time I apply, I will have had the caution for more than 3 years ;
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record;;
Application will normally be refused if the conviction occurred in the last 3 years


any chance my application may be refused , for any reason would that have a negative impact on my dependent as they will apply at the same time.
its been three years so you will be all right mate, very important to disclose the info though!

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Re: British Citizenship – Good Character Requirement FAQs

Post by OHT2019 » Thu Jan 24, 2019 9:49 pm

alsanober wrote:
Thu Jan 24, 2019 9:40 pm
OHT2019 wrote:
Thu Jan 24, 2019 9:33 pm
Hi,
Hope the most experienced people will be able to help,
I was cautioned in 2016 /common assault,
I am applying for my Naturalisation in May 2019.
by the time I apply, I will have had the caution for more than 3 years ;
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record;;
Application will normally be refused if the conviction occurred in the last 3 years


any chance my application may be refused , for any reason would that have a negative impact on my dependent as they will apply at the same time.
its been three years so you will be all right mate, very important to disclose the info though!
hi alsanober
thank you so much for the reply ,
I am a bit concerned but started to get relieved

Aerebus
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Re: British Citizenship – Good Character Requirement FAQs

Post by Aerebus » Fri Jan 25, 2019 11:33 am

OHT2019 wrote:
Thu Jan 24, 2019 9:33 pm
Hi,
Hope the most experienced people will be able to help,
I was cautioned in 2016 /common assault,
I am applying for my Naturalisation in May 2019.
by the time I apply, I will have had the caution for more than 3 years ;
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record;;
Application will normally be refused if the conviction occurred in the last 3 years


any chance my application may be refused , for any reason would that have a negative impact on my dependent as they will apply at the same time.
Bro, please let me know if you will get the citizenship please.

Thank you! I have literally get same cautioned as you, common assault.

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Re: British Citizenship – Good Character Requirement FAQs

Post by Bentc12 » Sat Jan 26, 2019 6:57 pm

Bentc12 wrote:
Wed Jan 23, 2019 7:18 pm
Hi guys,

I have two questions that I would really appreciate if you help me with:

1) I am going to apply for BC (5 years Tier2+ 1 year ILR) on 3 Feb. 2019. I have paid my council tax regularly, but I am about to move out on 28 Jan. because of noisy neighbours. I have not found a new place yet. So, is it ok to live a couple of weeks or more with a friend at his place who pays full council tax, so that I can find a place or do I have to go to a hotel/airbnb? Will they enquire my friend?

2) Before I got my ILR, I had two late reports in my police registration, but no stamp or warning is shown on my police registration document. However, I am not sure what is on their system: if there is a warning or not. So, does anybody know how this is going to affect my application?

Many thanks.
Can anybody help me with this please? tnx

Tony_SE22
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Re: British Citizenship – Good Character Requirement FAQs

Post by Tony_SE22 » Sun Jan 27, 2019 10:50 pm

Hi, I wonder if someone could help me?
I am (finally) going through the British Citizenship process. I am EU citizen and have been a resident in the UK since 1991.
Many years ago, between 1993 and 1995 I received a non-custodial sentence consisting of a court fine of £100 (I think) and I seem to remember that I was told that the record 'would be deleted' after 1 year.
I think it is important to disclose it in the application for citizenship but I don't remember the date (or the year!), the exact details of the sentence, or where it happened (Crown Court, Magistrates Court?).
I don't have any paperwork as I lost it many years ago.
I wrote to ACRO and they cannot find anything but I am not sure it covers British Transport Police (this is the police body that arrested me).
I would like to ask for an enhanced DBS but individuals cannot apply. Only employers or the self-employed.
Can someone help me and tell me what can I do to find out about this records.
Really appreciated.
Many thanks.

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Re: British Citizenship – Good Character Requirement FAQs

Post by alterhase58 » Sun Jan 27, 2019 11:25 pm

Tony_SE22 wrote:
Sun Jan 27, 2019 10:50 pm
Hi, I wonder if someone could help me?
I am (finally) going through the British Citizenship process. I am EU citizen and have been a resident in the UK since 1991.
Many years ago, between 1993 and 1995 I received a non-custodial sentence consisting of a court fine of £100 (I think) and I seem to remember that I was told that the record 'would be deleted' after 1 year.
I think it is important to disclose it in the application for citizenship but I don't remember the date (or the year!), the exact details of the sentence, or where it happened (Crown Court, Magistrates Court?).
I don't have any paperwork as I lost it many years ago.
I wrote to ACRO and they cannot find anything but I am not sure it covers British Transport Police (this is the police body that arrested me).
I would like to ask for an enhanced DBS but individuals cannot apply. Only employers or the self-employed.
Can someone help me and tell me what can I do to find out about this records.
Really appreciated.
Many thanks.
Unlikely to find out from publicly available sources- you have tried this. There could be records held which may not be open but we don't know that. Suggest you start reading the UKVI caseworker guidance - page 18 onwards:
https://assets.publishing.service.gov.u ... idance.pdf
You may not have a choice but to disclose - in this case describe what you remember.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice - they will be ignored

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Re: British Citizenship – Good Character Requirement FAQs

Post by Tony_SE22 » Sun Jan 27, 2019 11:40 pm

Thank you! Really appreciated.

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Re: British Citizenship – Good Character Requirement FAQs

Post by trueblue1981 » Mon Jan 28, 2019 2:59 pm

Dear Moderators and Gurus,

I hope you are doing well. I would appreciate receiving quick feedback on the following:

I applied to BC on 15/01/2019 using the new service and attended the biometric enrollment in Croydon.
I was going through my papers today and saw that back in 2014 a local council had filled an order of recovery of PCN at the county court at Northampton. My contention with the council was that they had not given me an opportunity to pay the PCN at a discounted rate, so after filling the witness statement the county court ordered as follows:

It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled.

The court decided in my favour but they did not cancel the original PCN. So the council took the case to the Parking and Traffic Appeals Services tribunal and the TAPAs tribunal did not cancel the PCN and ordered me to pay the PCN which I did.

Now looking at the county court decision in my favour I did not declare this on my BC application. However, now I have doubts about my decision and was wondering what to do about it. The UKVACS online portal is still open and I can draft a letter and tell the home office the whole story or I can leave it as it is because the county court did not decide against me?

Can you kindly advise me as this issue is giving me sleepless nights. I would really appreciate your guidance and support.

alsanober
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Re: British Citizenship – Good Character Requirement FAQs

Post by alsanober » Mon Jan 28, 2019 9:23 pm

trueblue1981 wrote:
Mon Jan 28, 2019 2:59 pm
Dear Moderators and Gurus,

I hope you are doing well. I would appreciate receiving quick feedback on the following:

I applied to BC on 15/01/2019 using the new service and attended the biometric enrollment in Croydon.
I was going through my papers today and saw that back in 2014 a local council had filled an order of recovery of PCN at the county court at Northampton. My contention with the council was that they had not given me an opportunity to pay the PCN at a discounted rate, so after filling the witness statement the county court ordered as follows:

It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled.

The court decided in my favour but they did not cancel the original PCN. So the council took the case to the Parking and Traffic Appeals Services tribunal and the TAPAs tribunal did not cancel the PCN and ordered me to pay the PCN which I did.

Now looking at the county court decision in my favour I did not declare this on my BC application. However, now I have doubts about my decision and was wondering what to do about it. The UKVACS online portal is still open and I can draft a letter and tell the home office the whole story or I can leave it as it is because the county court did not decide against me?

Can you kindly advise me as this issue is giving me sleepless nights. I would really appreciate your guidance and support.
if you feel you should write to HO then do it. it will give you peace of mind and also you won't be holding any information.

Liai
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Re: British Citizenship – Good Character Requirement FAQs

Post by Liai » Tue Jan 29, 2019 10:19 am

Hello Everyone, this site has been very use to me over the years and I am grateful to all those who have made it available.
I’m considering applying for BC next month but I got a TVlicence conviction January 2017, I paid the fine and applied for ILR a few days later and got it.
The TVlicence issue was a huge oversight. I have been paying for TVlicence for many years but I changed my bank account details and forgot to transfer my direct debit to the new account. When I was warned by the TVlicence agent I forgot again again due to difficult child delivery around that period.
I do not have any other convictions but over 8years ago I defaulted on some store cards and credit card and my account was taken to the debt collectors. It has all been sorted out.
Do you think it’s good idea to proceed with the application at this time?
Also, its there a way I can see if I have been taken to court for a debt in the past.
I would greatly appreciate your response.
Liai

trueblue1981
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Re: British Citizenship – Good Character Requirement FAQs

Post by trueblue1981 » Tue Jan 29, 2019 12:20 pm

alsanober wrote:
Mon Jan 28, 2019 9:23 pm
trueblue1981 wrote:
Mon Jan 28, 2019 2:59 pm
Dear Moderators and Gurus,

I hope you are doing well. I would appreciate receiving quick feedback on the following:

I applied to BC on 15/01/2019 using the new service and attended the biometric enrollment in Croydon.
I was going through my papers today and saw that back in 2014 a local council had filled an order of recovery of PCN at the county court at Northampton. My contention with the council was that they had not given me an opportunity to pay the PCN at a discounted rate, so after filling the witness statement the county court ordered as follows:

It is ordered that the order for recovery of unpaid penalty charge be revoked. It is further ordered that the charge certificate be cancelled.

The court decided in my favour but they did not cancel the original PCN. So the council took the case to the Parking and Traffic Appeals Services tribunal and the TAPAs tribunal did not cancel the PCN and ordered me to pay the PCN which I did.

Now looking at the county court decision in my favour I did not declare this on my BC application. However, now I have doubts about my decision and was wondering what to do about it. The UKVACS online portal is still open and I can draft a letter and tell the home office the whole story or I can leave it as it is because the county court did not decide against me?

Can you kindly advise me as this issue is giving me sleepless nights. I would really appreciate your guidance and support.
if you feel you should write to HO then do it. it will give you peace of mind and also you won't be holding any information.
So it is acceptable and not a problem to send information to HO post application date?

AnotherUUID
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Re: British Citizenship – Good Character Requirement FAQs

Post by AnotherUUID » Tue Jan 29, 2019 1:05 pm

trueblue1981 wrote:
Tue Jan 29, 2019 12:20 pm
So it is acceptable and not a problem to send information to HO post application date?
Yes, caseworkers are required to review and take into account any additional information received between the date on the application and the date of consideration.

There could be many reasons why this is allowed, the most obvious one being a change in circumstances. For example, one may not have had an FPN or caution on the date of applying but subsequently received one after sending out the application. If the application has not already been reviewed by that point, this could then turn up on background checks. Cases like this are the primary reason applicants are encouraged to pro-actively notify the HO of any changes in personal circumstances.

Other reasons might of course be negligence, minor errors on the application form, and forgetting to mention something of relevance - it can happen to anyone.

If you choose to notify them, make sure you provide enough details for staff to be able to efficiently identify your application and reduce the time the additional information is added to the application itself. Case ID, full name, and DoB as on the application form along with the date on the application and (if possible) the date the HO received your supporting documents should be more than sufficient.

trueblue1981
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Re: British Citizenship – Good Character Requirement FAQs

Post by trueblue1981 » Wed Jan 30, 2019 11:16 am

AnotherUUID wrote:
Tue Jan 29, 2019 1:05 pm
trueblue1981 wrote:
Tue Jan 29, 2019 12:20 pm
So it is acceptable and not a problem to send information to HO post application date?
Yes, caseworkers are required to review and take into account any additional information received between the date on the application and the date of consideration.

There could be many reasons why this is allowed, the most obvious one being a change in circumstances. For example, one may not have had an FPN or caution on the date of applying but subsequently received one after sending out the application. If the application has not already been reviewed by that point, this could then turn up on background checks. Cases like this are the primary reason applicants are encouraged to pro-actively notify the HO of any changes in personal circumstances.

Other reasons might of course be negligence, minor errors on the application form, and forgetting to mention something of relevance - it can happen to anyone.

If you choose to notify them, make sure you provide enough details for staff to be able to efficiently identify your application and reduce the time the additional information is added to the application itself. Case ID, full name, and DoB as on the application form along with the date on the application and (if possible) the date the HO received your supporting documents should be more than sufficient.
Thank you for this clarity, it is much needed at times of doubt. I prepared a detailed letter and attached all the relevant documents and the decision of the county court and uploaded it to the UKVCAS portal for submitting documents.

AnotherUUID
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Re: British Citizenship – Good Character Requirement FAQs

Post by AnotherUUID » Wed Jan 30, 2019 2:01 pm

trueblue1981 wrote:
Wed Jan 30, 2019 11:16 am
Thank you for this clarity, it is much needed at times of doubt. I prepared a detailed letter and attached all the relevant documents and the decision of the county court and uploaded it to the UKVCAS portal for submitting documents.
No problem.

However, since you've already had your appointment at UKVCAS they may have already sent out your application and supporting documents to the HO. I would highly suggest that you get in touch with the UKVCAS centre that you attended and ask them specifically how to make application updates/changes. Their process wrt updates may be different and, due to the more human effort involved, it may take more time (something you want to reduce as much as possible) before HO actually receive the update. Despite the UKVCAS portal still being open, uploading additional documents to it may or may not guarantee that they will send these updates to HO.

Disclaimer: I personally did not use UKVCAS services for my application, so UKVCAS experienced members may provide a bit more input as to subsequent application updates. In my case (online + existing service) I sent both of my out-of-application updates via Royal Mail directly to HO/UKVI in Liverpool so I definitely knew that they had received them.

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