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New Good Character Policy & Overstaying

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

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maplebird3
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Posts: 3
Joined: Wed Feb 22, 2017 1:28 am

New Good Character Policy & Overstaying

Post by maplebird3 » Sat Mar 02, 2019 10:15 am

Hello, I’m here to ask a question about the updated version of the good character guideline policy in relation to my situation as briefly outlined below.

Brief history:
- Came in 2001 (I was 4)
- Not sure what happened here, had a LTR visa for a while
- Given DLR in 2011 (14)
- Given ILR in early 2018 (20)
- Want to apply for BC now after 1 year of ILR

I am aware of the 10 year rule in regards to overstaying. So for me I guess they will look back at my history since 2009. No idea what my status was before DLR as I was a dependent and my mum was responsible for all of this stuff. But as far as I’m aware, before 2011, there was a period without leave.


However, in the new guideline policy, under overstaying, it says:
Where a person overstayed at some point in the 10 years prior to an application for citizenship, discretion to overlook this breach will normally only be considered if it is the sole adverse factor weighing against the person’s good character; and

• the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or

• the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or

• the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.


So.... Am I right in thinking there’s a chance (however small) discretion could be applied in my case if the caseworker finds that its the only thing weighing against me and since the period without leave was not my fault (I believe that last bullet point applies to me as I was a child and did not overstay intentially)?

johnhkg
Member
Posts: 182
Joined: Sat Jun 16, 2018 10:40 am
Hong Kong

Re: New Good Character Policy & Overstaying

Post by johnhkg » Sat Mar 02, 2019 2:27 pm

The good character guidance (page 45) also says :-

When assessing failure to comply with immigration requirements, it will normally be appropriate to disregard failure relating to a child when assessing their good character, if it is accepted this was outside of their control. For example, where a parent applied for the child to come to the UK as their dependant but failed to apply
for an extension of leave when the child’s temporary leave expired, the child should not be penalised.

The legal definition of a child is:-

In England, Northern Ireland and Wales, a child is someone who has not yet reached their 18th birthday. Once they turn 18, they are legally an adult.

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