Immigrationboards.com

Good morning,

I hope someone can help me with a question that I am stuck with. I am married to eu citizen and have settled status. I’m applying for my naturalisation but don’t know what to answer to the good character question asking if I consider myself to be of good character. Have in all my previous applications including settled status always answered no as I didn’t no then that overstaying was considered not being of good character. It has been more than 10 years 15 to be exact. Have asked friends and they said that I should put no but I think it should say yes but like I said in all previous applications I answered no and they were accepted. Will they not see that as deception if I answer yes to the good character question. The question says have you EVER not in the last 10 years.

I hope my question is clear has somebody struggled with the same good character question.

Hope someone can help me with the question.

Thanks a lot.

Adam

First note that naturalisation is not a continuation of immigration applications.
It's an application under the British Nationality Act with it's own requirements.
So you can't necessarily rely on your "no" answers previously, even if they weren't challenged.

What was the extent of your overstaying and how have you regularised your status at the time?

Presumably you have been through the Good Character guidance?
https://www.gov.uk/government/publicati ... #deception

Thank you for your reply.

I came to the UK on a visitor visa in 2009. I stayed after my visa expired. Met my wife eu citizen in 2011 and we got married in 2012. I received my 5 year residence card in 2012 have worked ever since and now have settled status. Home office were aware that I had overstayed when I married my wife, but have been going through all my previous immigration application and on the good character question I answered no but now I am stuck with the naturalisation application with the same question about good character. I know the home office look at the last 10 years but do I still have to answer yes to the question that I overstayed in the UK in 2009.

Thank you!

I think you should answer yes and show in your cover letter some evidence your character has changed. It is more than 10 years ago so it shouldn't impact your application negatively.

If the HO concludes that through your answers to previous applications your leave was granted fraudulently, that is a separate and much bigger issue. Why did you not disclose this in previous applications?

Unlawful residence from overstaying, may not affect your application.

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.

This change does not extend to applications to naturalise as a British overseas territory citizen.

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.