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Good character criteria - subject to access - question

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

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andrezeray
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UKM application - eligibility question

Post by andrezeray » Thu Oct 11, 2018 6:31 pm

I've lived in the UK most of my life, but hold a French and a Canadian passport, so need to apply for something in prep for brexit.

I was born in Canada in the 60s to a British mother. My mother was born in the UK to British parents.

When I moved here as a child I obtained a French passport because my father is French, and that was sufficient.

I'm now eligible to apply for permanent residency as a European citizen (form EEA PR), but I *think* I'm also eligible to apply for registration as a British citizen by a person born before 1983 to a British Mother.

Assuming I'm eligible for both, which is the better/easier route? The 2nd option seems to have a much shorter application form!

Also the application for asks for : "Date you became settled (that is the date you were given indefinite
leave to enter or remain in the United Kingdom)"

However I was never issued this because I have a French passport. Do I just write N/A?

Any advice much appreciated.

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Re: UKM application - eligibility question

Post by CR001 » Thu Oct 11, 2018 7:05 pm

Yes you qualify for UKM and no you don't require ILR or to be settled.
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andrezeray
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Re: UKM application - eligibility question

Post by andrezeray » Thu Oct 11, 2018 8:57 pm

Thank you CR001.

Another question: the form seems fairly simple but I notice solicitors charging £1200 for help submitting a UKM application (versus £900 for the much more involved EEA PR application).

Is legal counsel so necessary, is it risky to do it by myself?

Second, if it's refused for some reason, will it then make it harder to apply using a EEAPR form?

Many thanks.

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Re: UKM application - eligibility question

Post by CR001 » Thu Oct 11, 2018 9:01 pm

Is legal counsel so necessary, is it risky to do it by myself?
Not necessary. As long as you have all the original documents the form asks for, it is a fairly easy application to make.
Second, if it's refused for some reason, will it then make it harder to apply using a EEAPR form?
No effect. Two completely separate rules/laws and unrelated.
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andrezeray
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Re: UKM application - eligibility question

Post by andrezeray » Fri Oct 12, 2018 7:59 am

OK thank you so much.

And last question, promise, if I may.

The third requirement in the eligibility criteria says:

3. you have right of abode which you acquired because:
(iv) you were resident in the United Kingdom for a continuous period of 5 years
before1983 and had become settled in the United Kingdom by the end of
that 5 year period;

My question is, I never obtained a piece of paper saying 'right of abode'... I just stayed because I was a child and when I travelled I used my French passport. But I never had any kind of visa or paperwork.

Does this matter?

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Re: UKM application - eligibility question

Post by CR001 » Fri Oct 12, 2018 8:03 am

Each sub point in para 3 is ended with OR. So you need to meet at least one, not all of them.

3.1 applies in your case not 3.4.
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andrezeray
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Re: UKM application - eligibility question

Post by andrezeray » Fri Oct 12, 2018 8:41 am

Do I need to show I had a certificate of entitlement to the right of abode placed my your foreign passport? I never had any such thing.

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Re: UKM application - eligibility question

Post by CR001 » Fri Oct 12, 2018 8:42 am

andrezeray wrote:
Fri Oct 12, 2018 8:41 am
Do I need to show I had a certificate of entitlement to the right of abode placed my your foreign passport? I never had any such thing.
NO!
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andrezeray
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Good character criteria - subject to access - question

Post by andrezeray » Fri Oct 12, 2018 9:09 am

Hi,

I am applying for British citizenship using the UKM form and have a question regarding the good character requirements.

I had 'run-ins' with the police when I was young (and stupid!), and each time left the police station being told something like I "only being given a caution". However I can't remember much more and I'm not sure these were officially actually cautions (in the legal sense) or just verbal warnings and therefore not on record.

So I made a "Subject to Access" request via ACRO to see what my full police records contain.

Am I right in assuming that if it's not on my Subject to Access" document, then I don't need to declare it in my citizenship application ie. I only need to declare what's on my Subject to Access document?

Many thanks for any help.

andrezeray
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Re: Good character criteria - subject to access - question

Post by andrezeray » Sat Oct 13, 2018 9:04 am

Does the above question re good character make sense to anyone?

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Re: Good character criteria - subject to access - question

Post by CR001 » Sat Oct 13, 2018 10:57 am

Char (CR001 not Casa)
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