Immigrationboards.com

Hello All,

I am wondering if any experienced member on here can help me?

I have applied for naturalization on 8th Aug 2023 , I have received refusal today 27 Feb 2024.

My brief history is I am in the UK since Feb 2004, throughout legal stay, got prison sentence in 2013 sept for 6 months and I did the 3 months in the prison, got ILR in June 2023 on British Spouse no Children.

Good character requirement rules changed on 31st July 2023 so i didn't have to wait clear 10 years before applying Naturalization.

I only had one conviction in life and it ended up with prison sentence of 3 months, no any other convictions, civil penalties, driving offences etc.

Please see the email below which I receive today,

Your application for British Citizenship has been refused
Your application for British Citizenship was received on 08/08/2023. Your application has been considered under section 6(1) of the British Nationality Act 1981.

You have not demonstrated that you meet the requirements for naturalisation and your application has been refused.

Reasons for decision

Based on the evidence available you also do not meet the requirements to naturalise as a British citizen because:
• you do not meet the Good Character requirement

One of the requirements for citizenship is that the applicant is of good character. ‘Good character’ is not defined in the British Nationality Act 1981 but the applicant is expected to have shown due regard for the laws of this country.

The Good Character guidance states that a person will normally be refused if they have received a custodial sentence of at least 12 months in the UK or overseas

You were convicted of possessing goods with a false trademark for sale or hire and selling goods bearing a false trade mark on 25th September 2013 at Nottingham Crown court and sentenced to 3 months imprisonment. Your conviction has been considered in accordance with the good character requirement.

In addition to your statement, we have also considered your length of residence in the UK and that you have contributed to society by working, paying tax and national insurance.
The guidance states that an exceptional case is one where on the facts of the case, the application would normally be refused unless there are mitigating circumstances which mean it would be appropriate to grant.
When considering all factors on the balance of probabilities, we are not satisfied that there are sufficiently compelling mitigating circumstances to demonstrate you are now of good character in spite of earlier offending, and therefore an exceptional grant is not appropriate.
We are not satisfied that you have met the Good Character requirement and your application is therefore refused.

MY APPLICATION IS LESS THEN 12 MONTHS SENTENCE CASE BUT THE CASE WORKER MENTIONED THE 12 MONTH PRISON SENTENCE SCENARIO, I FULFILL ALL THE BALANCE OF PROBABILITIES CRITERIA AND YET IT'S REFUSED, IN MY UNDERSTANDING EXCEPTIONAL GRANT IS ONLY FOR PEOPLE WHO HAS 12 MONTHS SENTENCE, MINE WAS 3 MONTHS AND I ONLY NEEDED TO FULFILL BALANCE OF PROBABILITIES

I did put 1 letter of accountant to show that i have been running genuine business and paying taxes for the last 10 years and I have also put 1 letter of Charity work volunteering for International Hospital.

It would be very helpful if anyone can suggest me the next step, shall i go for reconsideration or what shall I do?

Thanks very much

I would suggest you seek an immigration lawyer's opinion on the matter, but from what I have read so far, a review of the decision would be the route I'd go. Because the case worker clearly stated the good character policy that isn't relevant to your situation. Your sentence is below 12 months, meaning your application should only be rejected if on balance of probability the case worker isnt convinced. Considering the time passed and all you mentioned I would think you should get a positive outcome.

Goodluck and keep us updated with your progress. I am in a similar situation, My sentence is below 12 months, and it was declared on my application form, and I even included a copy of my dbs report. But I got an email saying I have been rejected on the basis that I did not declare the criminality recorded against me, which is wrong. I intend to seek a review of the decision as well.

Thanks for your reply.

You are right seems like they are rejecting by default most of these criminal conviction applications.
You are not silly to not disclose criminal conviction in the application form and get banned for future applications, In your case it is proper mistake also.

I hope we all get the positive outcome and I will post here soon.

Thanks and good luck.

babar301 wrote: ↑

Thu Feb 29, 2024 9:39 am

Thanks for your reply.

You are right seems like they are rejecting by default most of these criminal conviction applications.
You are not silly to not disclose criminal conviction in the application form and get banned for future applications, In your case it is proper mistake also.

I hope we all get the positive outcome and I will post here soon.

Thanks and good luck.

Have you applied for reconsideration yet? Do you have any idea how long it takes?

No I haven't applied yet, I am going to apply next week, not sure how long it takes!

bcenq wrote: ↑

Thu Mar 07, 2024 1:21 pm

babar301 wrote: ↑

Thu Feb 29, 2024 9:39 am

Thanks for your reply.

You are right seems like they are rejecting by default most of these criminal conviction applications.
You are not silly to not disclose criminal conviction in the application form and get banned for future applications, In your case it is proper mistake also.

I hope we all get the positive outcome and I will post here soon.

Thanks and good luck.

Have you applied for reconsideration yet? Do you have any idea how long it takes?

There is no timeline for reconsideration, hoping when members like you give feedback them we got the idea