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Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 12:05 am
by tei123
Hi am sorry if this question has been asked before .
Immigration history
Arrived in UK on visitors visa 7/7/2007.overtayed which am not proud of.
Married my British wife 1/12/2012
Applied for Flr O in September 2013 refused and was asked to leave to my home country.
Was granted entry clearance in 01/01/2014 in home country
Arrived back in UK 24/02/2014
Granted IRL in 2019.
Can I please apply for nationalisation now considering this new good character requirement rule?or do I still have to wait after February 2024.
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 7:56 am
by contorted_svy
https://assets.publishing.service.gov.u ... racter.pdf pag 48
To align with changes to the qualifying period, immigration breaches relating to
lawful residence may be disregarded when assessing good character during the 10-
year period prior to the application where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the
grant of settlement which might cast doubt on the decision
Therefore, applications where it remains appropriate to consider immigration
breaches relating to lawful residence, alongside other good character factors, may
include but are not limited to:
• where historic information has come to light which, had it been known at the time
of granting settlement, may have led to refusal
• where something occurred after the grant of settlement to indicate revocation of
that status may be appropriate
• applications to naturalise as a British overseas territory citizen
• Immigration breaches that do not relate to lawful residence (for example working in
breach of conditions, hiring illegal workers, or failure to observe reporting
requirements) must still be considered.
Question: did you attempt to make your stay regular in 2013 or did you make any other immigration applications? You will need to declare all the immigration applications in your citizenship application.
Read the parts highlighted: if the first one applies to you you should be able to apply now. If during your overstay you did any of the things in the second text highlighted you need to wait until Feb 2024 (it's not that long left to wait anyway).
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 9:17 am
by tei123
I applied for Flr O to try and regularlise my stay in 2013 based on my marriage.but was refused due to my Overstay .
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 9:19 am
by tei123
That was the only application I made in country.
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 9:27 am
by contorted_svy
If you have ILR you have made other applications too, all immigration applications must be included whether you were in the UK when you made them or not.
I would say, based on the fact it was a rather long overstay, and the 10 years since then have almost elapsed anyway, you want it to be out of the way when you apply. Was it simply overstaying or did you work without a visa? In this case you definitely need to wait as it would be violating the good character requirement explicitly.
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 9:52 am
by tei123
I did some cash in hand jobs,I had no national insurance contributions.i only started working legally after I arrived in February 2014.
I think I would wait till after 2024 just to be on a safer side.
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 10:04 am
by Ticktack
tei123 wrote: ↑Mon Nov 20, 2023 9:52 am
I did some cash in hand jobs,I had no national insurance contributions.i only started working legally after I arrived in February 2014.
I think I would wait till after 2024 just to be on a safer side.
That's the safe route. You have just 3 months more. Better safe than gamble with that much money.
Re: Good character New rule(overstayer)
Posted: Mon Nov 20, 2023 10:38 am
by contorted_svy
tei123 wrote: ↑Mon Nov 20, 2023 9:52 am
I did some cash in hand jobs,I had no national insurance contributions.i only started working legally after I arrived in February 2014.
I think I would wait till after 2024 just to be on a safer side.
That sounds like the most sensible option as that would cast a doubt on your good character.
Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 7:51 am
by tei123
Pls am in the process of putting my application together ready for when I can submit but qution 1.49 is asking about tax reference. Where do I find it please
2.would I have to submit all my payslips covering the 3 year period since I would be apply under a the spouse route or just one p60 would be enough pls.
Pls kindly advice me.thank you.
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 8:14 am
by alterhase58
1. The employers PAYE reference number is normally on the P60.
2. As an ILR holder you just need to provide your passport covering the residency period. No payslips, bills or statements.
Note that naturalisation isn’t an immigration application there are no financial or employment requirements.
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 8:47 am
by CR001
tei123 wrote: ↑Sun Dec 10, 2023 7:51 am
but qution 1.49 is asking about tax reference. Where do I find it please
Are you completing the paper application? If so, why?
If you are in the uk you must apply online.
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 10:56 am
by tei123
Am in the uk .I only downloaded the pdf so I can prepare my application before applying online.
Pls with the referees section how do I get them to fill thier part online
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 11:31 am
by alterhase58
tei123 wrote: ↑Sun Dec 10, 2023 10:56 am
Am in the uk .I only downloaded the pdf so I can prepare my application before applying online.
Pls with the referees section how do I get them to fill thier part online
Referees don't go online themselves.
You send the them a form with your photo attached and they sign and date, return to you and you upload with your other documents.
Here's a format:
https://visas-immigration.service.gov.u ... on_MN1.pdf
You can also print the form when you have submitted the application.
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 11:34 am
by CR001
Do not reference the paperform. The online and paper differ. Paper form is for applicants outside the uk.
Follow the online form only, it automatically adjust based on your answers.
Re: Tax reference,p60 and payslips
Posted: Sun Dec 10, 2023 1:09 pm
by contorted_svy
tei123 wrote: ↑Sun Dec 10, 2023 10:56 am
Am in the uk .I only downloaded the pdf so I can prepare my application before applying online.
Pls with the referees section how do I get them to fill thier part online
You can start filling the form online and save it without submitting, the website will keep it for 10 weeks. I started preparing mine, save it and log in every 10 weeks so that my form would be saved, then submitted it after I was granted 1 year ILR.
