Good Character for British Naturalisation

[AlmightyYahweh]

Hi everyone,

Please, I want to find out if the New Law on Good Character (breaching of immigration status) will affect EEA permanent resident holder with 5yrs + 1yr PR, from applying for British Naturalisation. I have read about it, but I am not sure if EEA 5yrs + 1yr PR routes are affected. Can someone clarify me on this because I am worried that my application might be rejected due to years I spent in the country without a resident permit? Although, I have searched the forum and I have not seen anyone from this routes being rejected.

[CR001]

Are you an EU national or a EEA Family member? What is your nationality?

[secret.simon]

And have you at any time in the past ten years been illegal in the country or had issues with tax payments? If you were illegally in the UK, were you a refugee or asylum-seeker?

If you were either in the UK illegally or had tax payment issues, the ten year ban on citizenship will apply to you, irrespective of whether you have PR (EEA citizen and family members) or ILR (non-EEA citizens).

You will still have the right to reside in the UK, just not qualify for citizenship.

[AlmightyYahweh]

Are you an EU national or a EEA Family member? What is your nationality?

I'm EEA family member
My Nationality is Sierra Leone

[AlmightyYahweh]

And have you at any time in the past ten years been illegal in the country or had issues with tax payments? If you were illegally in the UK, were you a refugee or asylum-seeker?

If you were either in the UK illegally or had tax payment issues, the ten year ban on citizenship will apply to you, irrespective of whether you have PR (EEA citizen and family members) or ILR (non-EEA citizens).

You will still have the right to reside in the UK, just not qualify for citizenship.

I am not an asylum-seeker or refugee. I'm self sufficient but
I was illegal at a point before I got my resident permit. I have
not had a tax issue. We have continously exercising treaty for past 5 yrs without claiming any benefit. Again, if someone default a single item in all the good character law. Would the person still be charged for good character. Please kindly advise, I met a lawyer that told that it doesn't apply to EEA family member

[CR001]

How long were you in the UK without any legal status and did you work during this time?

Your lawyer is wrong. The good character requirement has to be met by all applicants.

You will only qualify for citizenship 10 years from the date your stay in the UK became legal. You are not exempt.

[AlmightyYahweh]

How long were you in the UK without any legal status and did you work during this time?

Your lawyer is wrong. The good character requirement has to be met by all applicants.

You will only qualify for citizenship 10 years from the date your stay in the UK became legal. You are not exempt.

Thanks for your kindest reply. Well, I have been in the country illegal for the period of 2 years but wasn't working or claiming benefit. Does the forum have a page for the people whom their naturalisation application were refused due to good character criteria?

[CR001]

http://www.immigrationboards.com/britis ... 36725.html

[Obie]

Some people have reported that the Good character requirement in regards to overstating did not apply to European citizen.

The Government had explained it is not designed for refugee, but it is unclear if it is not designed for EU family members also, as they are not subject to immigration control.

[secret.simon]

it is unclear if it is not designed for EU family members also, as they are not subject to immigration control.

But Obie, if the EEA family member was illegally staying in the UK before he became an EEA Family member, i.e. ,before he was exempt from immigration control, would that not count against his "good character"?

[AlmightyYahweh]

Some people have reported that the Good character requirement in regards to overstating did not apply to the European citizen.

The Government had explained it is not designed for refugee, but it is unclear if it is not designed for EU family members also, as they are not subject to immigration control.

Obie,
This is still unclear because it is 5yrs + 1yr PR, irrespective of previous immigration status. If the Home office is checking previous immigration record, why would they issue someone permanent residence without stating that immigration status has been breached. I remembered that if someone getting married to BC breached immigration status, they won't be able to be married in the UK but based on the EU rule even if someone violate immigration status the person will still have right to be married in the UK and have right to remain in the UK. It is still unclear anyway because it seems many EEA family member that have applied had a successful application.

[secret.simon]

EU law requires that if specified conditions are met, a residence card or PR card must be issued. The Home Office does not have a choice. In theory, the Home Office can not even consider the fact whether the person has a criminal record if he is coming in under the EEA route, only whether he poses a threat to national security or public health.

However, citizenship is entirely in the gift of the country granting it and it can stipulate any appropriate conditions. EU law does not apply to grants of citizenship. As a PR holder you continue to have the right to reside in the UK indefinitely, but will be eligible for citizenship only after 10 years of becoming legal (presumably by getting an EEA Residence Card), as CR001 has said before.

This is still unclear because it is 5yrs + 1yr PR, irrespective of previous immigration status.

Errr, no. Citizenship has many more requirements. Good character, being physically present in the UK exactly five years to the day on the date of application, etc. 5yrs PR + 1yr residence is just one of many conditions, it is not the only condition. The illegal immigration status, any previous criminal history and I believe (not certain) financial misconduct (such as bankruptcy) can be taken into account when considering "good character".

[noajthan]

The illegal immigration status, any previous criminal history and I believe (not certain) financial misconduct (such as bankruptcy) can be taken into account when considering "good character".

Some light reading on this matter:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- notoriety, gang membership, committal to an institution, bad parenting - it's all in here.

Fortunately these tests can't be applied to existing BCs.