Hi respected members! There is no statutory definition of “Good Character” and therefore no statutory Guidance as to how this should be interpreted. However, on 11 December 2014 the Home Office quietly and significantly changed their Guidance on how they would assess Good Character. In most cases, a period of overstaying will already have been considered and accepted by the caseworker who handled the previous leave to remain or asylum applications and so HO must not reconsider this for naturalisation or citizenship Application.
Overstaying is now included as conduct that will lead to refusal of an application. The guidance suggests that discretion to overlook this breach will only be considered if it is the sole adverse factor relating to a person’s character and it has been disregarded in line with provisions in the Immigration Rules to do so during a ‘grace period’ or the person was not at fault for becoming an overstayer.
Please I don’t understand that In 2016, a regulation was introduced as part of the good character feature of applying for British citizenship. This regulation said a person who was in breach of immigration in the last ten years can’t be a British citizen even if that breach was a short period. It means that people who have overstayed their visas will have to wait 10 years from the day they regularized their residence before they qualify to apply for a British citizenship. This is a fair regulation but I believe the regulation shouldn’t have affected those who have already regularized their status when the regulation came into effect. For examples, if you were an over-stayer before and then regularized your stay before 2016 when this regulation came into effect, you shouldn’t be affected by it. This regulation is supposed to deter overstaying but for those who have regularized their stay before then, it’s more of a punishment. Families are straining as a result of this regulation.