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Refusal due to Good Character (without criminal records)
Posted: Fri Jul 19, 2013 3:21 pm
by Derivaz
Hi! Guys
I submitted the application through my local NCS yesterday and it's going to be posted on Monday; I'm interesting in knowing if there are any people that have been refused over good character issues without having any criminal record anywhere.
I've read that requirement and it seems pretty vague; so I was wondering if it's common to get refused due to that being so vague.
Regards
D
Posted: Fri Jul 19, 2013 3:24 pm
by Imagine2010
Derivaz,
It looks like you are creating problems for yourself. The good thing with submitting through the NCS is that they check your application and if there were any doubts about the details you presented, they would have told you so.
If it was accepted then, honestly, its a matter of time and you will get it.
Enjoy and good luck with the outcome.
Good character
Posted: Fri Jul 19, 2013 3:48 pm
by Derivaz
Hi Imagine
I'm just wondering, because I've heard that some people get refused and given very vague reasons.
the NCS reduces the likelihood of refusal, but the NCS can't control the checks that the HO carries out and if they find something that they don't understand and instead of asking us, they directly refuse it, the NCS can't predict that; for instance I heard that someone got refused for a FPN that he wasn't supposed to mention on the application; the HO got cofused and refused it due to that; this is the kind of things, I mean or things like "let's check if he paid the council tax; they contact the company, the council doesn't have any bill in your name and they assume you don't pay and refuse it, when in reality, you are not liable, cos your landlord pays it" things like that...
I would like to know if someone has been refused for something like that, which is a mistake due to vague guidelines.
Cheers and good luck to you too, mate
D
Posted: Fri Jul 19, 2013 3:59 pm
by Amber
Posted: Fri Jul 19, 2013 4:09 pm
by Derivaz
Thanks Amber
Re: Good character
Posted: Fri Jul 19, 2013 4:40 pm
by ban.s
Derivaz wrote:.."let's check if he paid the council tax; they contact the company, the council doesn't have any bill in your name and they assume you don't pay and refuse it, when in reality, you are not liable, cos your landlord pays it" things like that...
Even if the landlord pays the bill I would expect name of all the tenants to be on council' register as residents of the property.
If things were done in a correct way there should not be any issue. There is no obligation for a resident to pay council tax from his/her pocket and have the bill to be addressed to them.
Refusal
Posted: Fri Jul 19, 2013 6:53 pm
by VR
Derivaz,
If they refuse you, they have to give a reason and you always have a right of administrative appeal if you feel you have been wrongly refused.
Criminal convictions are not an automatic bar to British Naturalisation. Being upfront and the way your application is presented is what matters. Unless any of Sec 2 and its subsections apply, you are likely to treated fairly.
I ran around for the sake of clarifying the issue of suspended sentences and contacted several ''Leading Immigration Solicitors''. Strangely out of the 8 contacted only 3 got back with the correct position. Some others have posted wrong info blatantly on their websites and still continue to insist that their position is correct.
Amber here was kind to follow up on wrong position informed by a case worker and updated the FAQ.
Either they are deliberately doing this to make some moolah or they are as ignorant as the average case workers or the ambiguity of the whole process is just too confusing and red tape also could be another factor.
I happened to meet a top immigration judge to personally find out what their whole view of Convictions is. The response was the Home Office does not seek to punish a person already punished by law. All they do is to make sure that there is nothing in the case which deems a refusal in Public interest , for instance if they doubt the character of the applicant in a way that he poses a risk to society then his application is likely to be denied.Repeat offenders for the same reason when there is a clear pattern of offending established.
Cheers
VR
Re: Refusal
Posted: Wed Jul 31, 2013 3:05 pm
by Derivaz
Hi VR
Thanks for your reply; sorry maybe I didn't express myself properly; I don't have any conviction at all; my concerns were:
- That since the council tax is in my landlord's name (he's liable for it); if the HO contacts the council to ask if I paid the Council Tax, they will probably say that I'm not registered for the CT for that property; so I'm not sure if the HO will take that as "he's not paying" or as "he's not liable to pay" (which is the case)
- Regarding the TV license: I live in a multiple occupancy flat, so the TV license rules are that each of us is responsible for their own license; since I don't watch it myself, I don't have one, but we keep getting that letter asking to pay if we watch it; so I was wondering if the HO contac the TV license people if they will say "we are sending a letter asking them to buy a license if they watch TV and they don't buy it or reply"; because I don't watch it, that's why I don't buy it, but the HO might get confused by the TV license people (i heard they get easily confused)
Those were my worries; most people I have spoken here seem to think that I shouldn't worry as long as I'm not convicted or there is some bill in my name which hasn't been paid for.
Regards
D
Re: Refusal
Posted: Wed Jul 31, 2013 5:15 pm
by boloney
You just worry too much. Even if they contact council or tv licence they would't refuse for those reasons. I had pending civil case me vs Home Office (Border Agency) whille applied for BC and was approved. They did't wait for case to end, did't ask any additional questions about it knowing that I may have to pay duty if I loose. Approved application in 3 weeks. I did mention it in additional information box, it was just ignored.
Don't worry, just wait for brown envelope. I was thinking that this may be reason for refusal but it was't, and it was quite serious case.
Re: Refusal
Posted: Wed Jul 31, 2013 9:51 pm
by Derivaz
you might be right haha more than worried; it's that I like to think about all the possibilities
Let's see what happens; I submitted it on the 23rd; I haven't got the acknowledgement letter yet, but I found out that royal mail are struggling to get into my building because everyone is working in the morning and noone opens the door; I'll contact the delivery office withing the next 7 days and see if they have it there.
Cheers
D