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Posted: **Wed Feb 12, 2025 12:01 pm**

Hi everyone,

I’m planning to apply for British naturalisation in February 2026 and have a question regarding the "good character" requirement. I have received my ILR in Feb 2025.

I have initially entered the UK 0n 8th Feb 2008 as student.
after my completing my Masters Varied to PSW Visa in De 2009.
after PSW varied to Tier 1 in April 2011 & 2013 (5 Years).

I have shown my income from self-employment in the year 2010-2011. I have paid lower tax. I have amended the tax returns in the year 2015 before my application for ILR in2016 and paid all the balance tax.
all my other Tax years were paid on time and no amendments.

applied for ILR SET(O) in April 2016. refused in Sept 2017 on 322(5) due to amendments in TAX returns for the year 2010-2011.

immediately After AR refusal my company offered to sponsor me Tier2 skilled visa.
The Tier 2 skilled worker visa was issued in Oct 2017 for 5 years.

My questions are:
1. Does this past deception (2011) cast doubt on my good character for naturalization, even though it happened over 15 years ago and I’ve had no issues since?
2. Will the Home Office likely treat this as deception, and if so, how can I address it in my application?

I’d appreciate any advice or insights from those who have been in a similar situation or have knowledge of how the Home Office views such cases.

Thank you in advance!

Posted: **Wed Feb 12, 2025 12:19 pm**

I would disclose it, and explain how your character has changed (eg have you been volunteering, contributing to the community in some way?)

Consult the good character guidance https://assets.publishing.service.gov.u ... racter.pdf

Deception and dishonesty
This section explains the types of deception or dishonesty to consider when
assessing good character in citizenship applications.
General approach
Concealment of information or lack of frankness will raise doubt about, and therefore
reflect poorly on, the applicant’s character.
An application will normally be refused only where the person has attempted to lie or
conceal the truth about an aspect of their application, whether on the application
form or in the course of enquiries, including where they have knowingly provided
false personal details, for example date of birth, name or nationality.

The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
The information in this section has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section

Failure to disclose information required in a nationality
application
Where the applicant fails to disclose information that would result in the application
being refused on good character grounds, the application must be refused and any
further application for citizenship will normally be refused for the next 10 years. This
applies unless it is accepted that the failure to disclose was unintentional and a
genuine error.
Deception in previous applications
An application will normally be refused where there is evidence that a person has
employed deception either:
• during the citizenship application process
• in a previous immigration application in the previous 10 years
It is irrelevant whether the deception was material to the grant of leave or not.
An application will normally be refused if there has been any deception in the 10
years prior to the application for citizenship. For these purposes, the deception is
regarded as continuing until the date on which it is discovered or admitted. For
example, if a person used deception in an application in 2008, but that was
discovered or admitted to in 2010, the 10-year period would start in 2010.

Now for you the issue is: when does your period of "no deception" start?

I would argue that you were discovered when your ILR application was refused in Sept 2017 - so I would suggest the safest approach is to wait until Oct 2027, when your Tier2 skilled visa was granted.

I can imagine this is not the answer you were looking for, but the facts of the matter are that you deceived the HO, corrected the mistake by paying your taxes but you still tried to use the deception to obtain ILR. Even though you haven't offended since, you technically got away with the immigration deception until you were found out in 2017 in my interpretation.

This is why I suggest you wait for a couple more years on ILR to be on the safe side.

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