Application for British citizenship- Good character 2022 update
Posted: Fri May 12, 2023 9:35 pm
Hello everyone
i have permanent residence since 2019, I have applied for British citizenship in 2019 but it has been refused because I had overstayed Visa in till 2014, they have advise me to wait till 10 years clearance to pass, so I can apply in 2024, I just find that the good character guidance(p46) has been updated since, and states the sentence below, my understanding is I can apply now whiteout waiting the 10years clearance, is there is anyone have made an application where he/she has immigration breaches in last 10 years before the application, and still granted a Citizenship?
please comment
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.
i have permanent residence since 2019, I have applied for British citizenship in 2019 but it has been refused because I had overstayed Visa in till 2014, they have advise me to wait till 10 years clearance to pass, so I can apply in 2024, I just find that the good character guidance(p46) has been updated since, and states the sentence below, my understanding is I can apply now whiteout waiting the 10years clearance, is there is anyone have made an application where he/she has immigration breaches in last 10 years before the application, and still granted a Citizenship?
please comment
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.