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Is good character for ILR the same as for Naturalisation?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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JohnM
Member
Posts: 234
Joined: Sat Sep 03, 2011 1:42 pm

Is good character for ILR the same as for Naturalisation?

Post by JohnM » Mon Jan 28, 2013 12:52 pm

When you look at UKBA website there is nothing about good character in ILR area, only in Naturalization area of the website.

I wonder do they apply the same criteria for ILR in terms of good character as for Naturalisation good character? Good character requirements can be found in Appendix D here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

But it sort of refers to Naturalisation there.


The reason I need to find out is because In Appendix D is very clear definition of recklessness on page 4, which can be easily applied for determining eligibility with traffic offence. There no info in ILR area of the website. If they apply the same criteria for ILR then people would easily understand why some traffic offences stand on the way of ILR and some not. Because then there is Recklessness factor for ILR as well. Can some guru comment on this please, it would be helpful for many people.

JohnM
Member
Posts: 234
Joined: Sat Sep 03, 2011 1:42 pm

Post by JohnM » Mon Jan 28, 2013 3:45 pm

Does anyone know?

londener
Member
Posts: 113
Joined: Fri Jan 11, 2013 11:30 pm

Post by londener » Mon Jan 28, 2013 5:58 pm

I think below in blue font, is a replacement of assessing someone's good character.And it also apply for ILR and citizenship.For citizenship just one more year is required before proceeding an application.
Seniors please correct me if the criminality threshold and good character are different each other??


Changed from April 2006 when the term was as assessing good character ,changed in 2008 as spent and unspent conviction and now as follows.
This is just my own understanding and may be need more clarification ??

As a result, general grounds of refusal (Part 9 of the immigration rules) will be amended to include the following changes with regards to criminality threshold in context of ILR applications:
322 wrote:
(1C) where the person is seeking indefinite leave to enter or remain:

(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”


Lets find the difference if there are any with
-Difinition of good character
-Spent and unspent conviction
and
-13th December,2012 announcement.

Londener
believe in yourself !!!

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