Unsuccessful applications

[TeamAc4]

1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.

[TeamAc4]

Hi,

I'm new to this blog.

Have a question on behalf of those EU nationals applying for BC who have been driving their cars on EU plates (obviously having regular EU MOT's and valid EU insurance) for significantly longer period than legally allowed 6 moths.

Can such circumstance - if found and confirmed by HO - constitute a ground of refusal of BC app?

I can imagine that one of the possible ways for HO to actually find out applicant's number plate is when they check absences (in and out dates, although I'm not sure whether HO does such checks ), and Dover comes up as an entry point. As they can at this point immediately realize that applicant has a car, next thing they can do is to check DVLA only to find out that the person is no on the system, which in turn should give them enough clue that the applicant is driving car not registered in the UK.

Would they have then an access to a ferry booking details which would give them the person's number plate?

Hi

The HO don't do the particular check you describe for entries and exits.

Hi,

Thanks for info.
But what if HO detects in some other way that the applicant may have a car, and subsequent DVLA check gives them hint that the guy is probably driving EU registered car. Would that fact make it more difficult for them to meet good character requirement?

Well, if UKVI were to become aware of this, then this would pretty obviously be relevant to good character. This is because driving a foreign-registered car in the UK for longer than 6 months amounts to a criminal offence under section 29 of the Vehicle Excise and Registration Act 1994 and, on the facts, quite possible an additional offence under section 47(1) of the Road Traffic Act 1988. Since you are obvs aware that your conduct casts doubt on the good character requirement, you should (1) regularise the status immediately and (2) explain the circumstances on form AN. Whilst it is true that UKVI do not generally conduct entry/exit checks on EEA nationals (such checks are in any event limited to air transportation at present due to advance passenger information provisions), this can always come to light after naturalisation. Note that the Deprivation Screening Team at UKVI quite rigorously pursue deception or non-disclosure-based deprivation proceedings for which there is no statute of limitations, as it were. Always err on the side of caution and make full disclosure. It'd be surprising if you were refused if you make full disclosure and have lawfully registered your vehicle before applying.

[hlodryk]

Hi,

I'm new to this blog.

Have a question on behalf of those EU nationals applying for BC who have been driving their cars on EU plates (obviously having regular EU MOT's and valid EU insurance) for significantly longer period than legally allowed 6 moths.

Can such circumstance - if found and confirmed by HO - constitute a ground of refusal of BC app?

I can imagine that one of the possible ways for HO to actually find out applicant's number plate is when they check absences (in and out dates, although I'm not sure whether HO does such checks ), and Dover comes up as an entry point. As they can at this point immediately realize that applicant has a car, next thing they can do is to check DVLA only to find out that the person is no on the system, which in turn should give them enough clue that the applicant is driving car not registered in the UK.

Would they have then an access to a ferry booking details which would give them the person's number plate?

Hi

The HO don't do the particular check you describe for entries and exits.

Hi,

Thanks for info.
But what if HO detects in some other way that the applicant may have a car, and subsequent DVLA check gives them hint that the guy is probably driving EU registered car. Would that fact make it more difficult for them to meet good character requirement?

Well, if UKVI were to become aware of this, then this would pretty obviously be relevant to good character. This is because driving a foreign-registered car in the UK for longer than 6 months amounts to a criminal offence under section 29 of the Vehicle Excise and Registration Act 1994 and, on the facts, quite possible an additional offence under section 47(1) of the Road Traffic Act 1988. Since you are obvs aware that your conduct casts doubt on the good character requirement, you should (1) regularise the status immediately and (2) explain the circumstances on form AN. Whilst it is true that UKVI do not generally conduct entry/exit checks on EEA nationals (such checks are in any event limited to air transportation at present due to advance passenger information provisions), this can always come to light after naturalisation. Note that the Deprivation Screening Team at UKVI quite rigorously pursue deception or non-disclosure-based deprivation proceedings for which there is no statute of limitations, as it were. Always err on the side of caution and make full disclosure. It'd be surprising if you were refused if you make full disclosure and have lawfully registered your vehicle before applying.

Thanks for info.

At present moment I drive a car bought and registered in the UK. But in the past I'd had a quite long period of driving an EU registered car (crossing the border in Dover 3-4 times a year, but obviously - on aggregate - exceeding 6 moths). If I am to disclose that fact on AN app it seems that - on the basis of what you said about DS Team "rigorously pursuing deception or non-disclosure-based deprivation proceedings" - there is no way they can approve my application, as it will be clearly interpreted by HO that in the past I'd displayed deceptive approach to the law of the country by breaching the driving/registration regulations and getting away with it. I don't see any clear way out of this hole. I did something for which I wasn't lawfully punished, so to settle the score I would have to possibly disclose all of this to DVLA, wait for them to calculate all my outstanding road tax I had not paid, include all the penalties they would have applied at that time, and then, after receiving that punishment, I could possibly send AN app.... Is this correct?

And apart from this particular case, there is a more general query with regards to the authority given to Deprivation Screening Team. As long as I understood that part of your post correctly - the fact that the deception or non-disclosure-based deprivation proceedings that they pursue are not bound by any time limitations - it sounds like acquired citizenship - as opposite to the one automatically gained at birth - is something that can never be seen as solid and permanent status. The only thing that is permanent about it seems to be the fact that it is at permanent risk of being revoked...

[TeamAc4]

Hi hlodryk

I apologise if the post was confusing.

My reference to "deception and non-disclosure" related only to deception/fraud used in the naturalisation proceeding itself, or in previous immigration applications. It has no direct bearing on the question of whether the applicant is of "good character". This expression is used in Schedule 1 to the British Nationality Act 1981 (the BNA) but unfortunately not defined, so the Home Secretary has issued guidance in the Nationality Instructions (Vol.1, Chapter 18, Annex D, available here: https://www.gov.uk/government/uploads/s ... _D_v02.pdf) as to how to apply the "good character" requirement. Clearly, prior conduct, whether or not it led to conviction, is relevant in this assessment. However, where an applicant volunteers information that is relevant to the good character requirement, the applicant has not been convicted/not received a penalty/caution, and has settled their score with the agency (in this case, DVLA), and the matter was only regulatory in nature (as this was), then it is hard to see how the caseworker can conceivably regard such an applicant as not being of good character. In other words, deception is very often a much bigger deal than the underlying offence.

If a relevant fact (again, regardless of whether a conviction occurred or not) is knowingly or recklessly not disclosed in the application, then that qualifies as deception under section 40 of the BNA and is indefinite grounds for deprivation. I hope this clarifies the point I made before.

As for your second point, you've indeed nailed it. As a leading textbook on immigration law puts it, "British citizenship is now less a matter of intrinsic personal identity and more a matter of contingent privilege, which may be removed on the posting of a letter" (Clayton 2016, 99). Having said that, virtually all countries recognise deception as being grounds for deprivation (USA, Canada, Australia, NZ). Some countries, such as Germany, may recognise a time limit or "statute of limitations" outside which deprivation proceedings may no longer occur. The UK and the majority of common law countries know no such time limit. Therefore, always advisable to be open in UKVI applications, not least because they're becoming quite sophisticated and intent on finding deceptive practices, in the current climate. If in doubt, disclose, justify and explain away.

[TeamAc4]

One other point, on which you may want to seek legal advice based on all the facts: s.29 of the Vehicle Excise and Registration Act 1994 is what we call a summary offence. There is a statute of limitations for summary offences in s.127 of the Magistrates Courts Act 1980. This means that s.29 would need to be prosecuted within 6 months of the offence, otherwise the prosecution is barred. From what you're saying it seems that you've driven a UK-registered car for a while now, presumably for over six months?

Now, this doesn't change the point I'm making about "coming clean" on the application, but you wouldn't need to worry about being fined because this is now time-barred. But again, you may wish to seek proper advice on this point.

[hlodryk]

Hi hlodryk

I apologise if the post was confusing.

My reference to "deception and non-disclosure" related only to deception/fraud used in the naturalisation proceeding itself, or in previous immigration applications. It has no direct bearing on the question of whether the applicant is of "good character". This expression is used in Schedule 1 to the British Nationality Act 1981 (the BNA) but unfortunately not defined, so the Home Secretary has issued guidance in the Nationality Instructions (Vol.1, Chapter 18, Annex D, available here: https://www.gov.uk/government/uploads/s ... _D_v02.pdf) as to how to apply the "good character" requirement. Clearly, prior conduct, whether or not it led to conviction, is relevant in this assessment. However, where an applicant volunteers information that is relevant to the good character requirement, the applicant has not been convicted/not received a penalty/caution, and has settled their score with the agency (in this case, DVLA), and the matter was only regulatory in nature (as this was), then it is hard to see how the caseworker can conceivably regard such an applicant as not being of good character. In other words, deception is very often a much bigger deal than the underlying offence.

If a relevant fact (again, regardless of whether a conviction occurred or not) is knowingly or recklessly not disclosed in the application, then that qualifies as deception under section 40 of the BNA and is indefinite grounds for deprivation. I hope this clarifies the point I made before.

As for your second point, you've indeed nailed it. As a leading textbook on immigration law puts it, "British citizenship is now less a matter of intrinsic personal identity and more a matter of contingent privilege, which may be removed on the posting of a letter" (Clayton 2016, 99). Having said that, virtually all countries recognise deception as being grounds for deprivation (USA, Canada, Australia, NZ). Some countries, such as Germany, may recognise a time limit or "statute of limitations" outside which deprivation proceedings may no longer occur. The UK and the majority of common law countries know no such time limit. Therefore, always advisable to be open in UKVI applications, not least because they're becoming quite sophisticated and intent on finding deceptive practices, in the current climate. If in doubt, disclose, justify and explain away.

Hi,

Thanks, truly appreciate your help.

I understand that "current climate" refers to issues covered by what in US is called homeland security. So, does HO's heightened sophistication and intent apply exclusively to this domain, or some extra fuel also goes into uncovering deception in such areas as driving EU cars?

To be honest, a prospect of reporting myself to DVLA and asking them (not explicitly ob'sly) for penalties for some past episodes of using EU car looks to me like the type of law abiding impulse that you would associate with someone voluntarily reporting to police every incident of breaking speed limit in the area with no speed cameras or police presence (After all, by driving like this you're also breaking the law, aren't you?). Is the good character bar really set so high?

Do you actually know any case where someone was either refused at the AN application stage (for not revealing registration issues) or their naturalisation was cancelled after HO found them deceptive on that same matter?

[TeamAc4]

1. By "current climate" I was referring to the "hostile environment" which is more and more being expanded to cover not just irregular but also legal migration. The HO was a much more relaxed department before the Tories came to office. The good character requirement has been toughened up by Tessy May on numerous occasions (abolition of exclusion of spent offences, extended period of immigration compliance to 10 years, etc.). I really don't think they care about, or would expend any resources on, things like driving EU cars, subject to point 3 below.

2. There is a fundamental difference between the scenarios you cite in your example. Speeding is a road traffic offence - the law recognises that all of us drivers will, in all likelihood, at some point in our lives commit such an offence and this rarely results in a conviction anyway - this is in all but the most egregious cases dealt with by way of fixed penalty. The HO acknowledge this in Chapter 18 Annex D, at para.3.8(c): "In contrast isolated minor incidents such as traffic violations will not normally in themselves indicate that a person is of bad character. However, each application must be considered individually." As a general rule, therefore, minor road traffic incidents are totally irrelevant to good character.

3. The issue about s.29 of the Vehicle Excise and Registration Act 1994 is that it is primarily a taxation, not a road traffic, statute. In other words, non-compliance with s.29 is not a road traffic offence like speeding but an evasion of taxes payable to the exchequer. This is fundamentally different from a speeding offence, and the HO regard tax compliance as integral to good character.

4. As for the reasons on which applications for naturalisation have failed on good character grounds, in view of the tax implications, we have seen applications fail for minor inaccuracies in tax liability where this was not addressed with HMRC at the point of application.

5. As for the reasons on which naturalisation certificates have been revoked (deprivation), the bar is still set relatively high but is being lowered all the time. Where in the past there were hardly any deprivations on deception grounds, as a result of the Chief Inspector of Borders and Immigration's 2014 Report An Inspection of Nationality Casework, these have been ramped up. Precise numbers are not released.

6. The way deception claims can be brought is by including catch-all questions in the application form. In particular, Q3.13 of form AN which asks "Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?" can be and has been used to justify refusals on good character grounds in the absence of a conviction.

[hlodryk]

Thanks,

Yes, points made in 2. and 3. sound pretty logical.

But I'm still tempted to go on with AN without mentioning that whole registration stuff.
If it gets refused, I hope they at least wont revoke(??) my PR card.

On the other hand, if it is successful, what is the likelihood that someone digs it out in the future to trigger deprivation procedure?

And I just wonder whether by discussing this issues here we're not unwittingly pointing HO's attention to these topics.... God knows who is watching....

[Ella314]

Hello everyone,
My application for BC has been refused. I'm thinking to complete NR form but need some clarification. Is there a deadline for this ( not much info on HO website) and secondly, do I have to include my passport,biometric card and other documents?

[CR001]

Hello everyone,
My application for BC has been refused. I'm thinking to complete NR form but need some clarification. Is there a deadline for this ( not much info on HO website) and secondly, do I have to include my passport,biometric card and other documents?

What was the reason for refusal?

[Ella314]

@ CR001

In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.

[ija8051]

Did home office sent you a questionnaire for breach and ask you 8 question during that period or they straight way refused you on said based ?
Another thing you are right according to law for 3c immigration rules but unfortunately UKBA didn't considered this point in your case what i think UKBA don't considered 3c in discretionary leaves because its their discretion how they treat you once you didn't apply for extension as they advised in their leave given (discretionary leave) You must had applied extension instead of applying ILR in 2011. Solicitor did try for you but he did not notice that once DLR given and accepted so route will be 6 year no before that, here they may argue this that UKBA again gave you discretionary leave in 2012 when your application refused and there is gap, because its their discretion they can take any where.
Don't worry challenge them and have a good solicitor this time who knows about discretionary leaves, hope you will win this battle from them unless you said in your given questionnaire some thing else.
This my idea not advice but again i am with you , you will win this.because you have strong 3c valid point and it was not deliberate, absolutely you are right.also sorry to hear this silly refusal

[Ella314]

As far as I remember they didn't sent anything. Why do you think is better to do it with solicitor? I called HO today, they told me when I complete NR form to include the copy of application submitted in 2011. Thank you for your reply.

[ija8051]

One should not relay on Home Office telephone calls , i think solicitor can write better and give them law examples( UKBA ) so i will be better for you and easy for them to understand that they done wrong decision that was only my concern , its your choice how you will deal with them?Also will take less time to considered otherwise will take as much as they can

[CR001]

As far as I remember they didn't sent anything. Why do you think is better to do it with solicitor? I called HO today, they told me when I complete NR form to include the copy of application submitted in 2011. Thank you for your reply.

You don't need a solicitor if you have the copy of the application etc.

[Ram001]

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

my case details
Below are my VISA details,
Valid from Valid to Type of Permit Mode of Application
05/07/2006 31/12/2008 Student Postal
01/01/2009 22/01/2009 International Graduate Scheme Postal
23/01/2009 22/01/2010 Tier 1 Post Study Work Postal
24/02/2013 Tier 1 (General) HSMP Postal
25/02/2013 24/02/2015 Leave to Remain In person premium service
25/02/2015 28/01/2025 Settlement In person premium service

29 March 2009 i have applied for Tier 1 HSMP visa and on 18 May 2009 it was rejected due to insufficient earnings. But fortunately my circumstances have changed and i made a fresh application before my post study visa got expired and i was then granted tier 1 HSMP visa on 24/02/2010.
The case worker has sent a query asking what was i doing from the period my Tier 1 HSMP VISA got rejected and 24/02/2010 i was granted

[CR001]

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

my case details
Below are my VISA details,
Valid from Valid to Type of Permit Mode of Application
05/07/2006 31/12/2008 Student Postal
01/01/2009 22/01/2009 International Graduate Scheme Postal
23/01/2009 22/01/2010 Tier 1 Post Study Work Postal
24/02/2013 Tier 1 (General) HSMP Postal
25/02/2013 24/02/2015 Leave to Remain In person premium service
25/02/2015 28/01/2025 Settlement In person premium service

29 March 2009 i have applied for Tier 1 HSMP visa and on 18 May 2009 it was rejected due to insufficient earnings. But fortunately my circumstances have changed and i made a fresh application before my post study visa got expired and i was then granted tier 1 HSMP visa on 24/02/2010.
The case worker has sent a query asking what was i doing from the period my Tier 1 HSMP VISA got rejected and 24/02/2010 i was granted

What was the exact wording of the refusal of your citizenship application (taking out any personal details).

[Ram001]

Sorry please find the complete post below

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

my case details
Below are my VISA details,
Valid from Valid to Type of Permit
05/07/2006 31/12/2008 Student
01/01/2009 22/01/2009 International Graduate Scheme
23/01/2009 22/01/2010 Tier 1 Post Study Work
24/02/2013 Tier 1 (General) HSMP
25/02/2013 24/02/2015 Leave to Remain
25/02/2015 28/01/2025 Settlement

29 March 2009 i have applied for Tier 1 HSMP visa and on 18 May 2009 it was rejected due to insufficient earnings. But fortunately my circumstances have changed and i made a fresh application before my post study visa got expired and i was then granted tier 1 HSMP visa on 24/02/2010.

The case worker has sent a query asking what was i doing from the period 18/05/09 my Tier 1 HSMP VISA got rejected and 24/02/2010 when i was granted Tier 1 HSMP. Also mentioning i was not compliant with UK immigration laws and may not meet the good character requirement.

I have sent to the case worker the rejection letter i have received in 2009 which clearly stated under the Section C: Rights OF APPEAL states that "where an applicant still has a leave to enter or remain in the United Kingdom and so is entitled to stay here and is not required to leave the united kingdom as result of this decision".

so as i was having a valid Visa when my application was refused i have remained to stay and was also able to get further visas.

I have sent to the case worker this refusal letter along with the 8 questions they asked me to fill.

My questions are;
1) Did i really break the immigration laws and stayed and worked here illegally during that period?
2) Can i appeal this decision?
3) due to this refusal do i have to leave this country?

[CR001]

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

What was the exact wording of the refusal of your citizenship application (taking out any personal details).

Why have you ignored my question and posted an almost identical post again? I am asking for the exact wording of the refusal.

[Ram001]

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

What was the exact wording of the refusal of your citizenship application (taking out any personal details).

Why have you ignored my question and posted an almost identical post again? I am asking for the exact wording of the refusal.

Sorry was trying to upload the image but unable to do it, so typed the letter wording
Letter received for Query
I refer to your application for naturalisation as BC. one of requirement 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. where an applicant has not been compliant with UK immigration laws in the ten years’ period prior to the date of an application the application will normally be refused.
This is explained in booklet AN which accompanies the application from for naturalisation and in the home office staff instructions published on our website (go to policy and law>staff guidance, instructions and country information> Nationality instructions > Volume 1 > Chapter 18 > Annex D Paragraph 9.7 (b).
According to our records, you were in UK without leave to remain under the immigration laws between 18/05/09 when you got refused leave to remain expired and 24/02/10 when you were granted further leave to remain. It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation.
In order that we may further consideration to your application, please complete the enclosed questionnaire and return to us with appropriate documentary evidence.

Refusal Letter
Your application has been refused for the following reasons:
I refer to your application for naturalisation as a British citizen. 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. Where an applicant has not been compliant with UK Immigration laws in the ten year period prior to the date of an application the application will normally be refused. This would include where an applicant has been working in the UK without permission.
This is explained in Booklet AN which accompanies the application form for naturalisation and in the Home Office staff instructions published on GOV.UK
You were in the United Kingdom without valid leave between 18/05/09 (leave expired) and 24/02/10 when you were granted leave to remain. You were not therefore compliant with UK Immigration laws during this period. We wrote to you to ask how you were maintaining yourself in the country during this period and to provide appropriate evidence, e.g. wage slips, benefit letters, evidence of other income.
You have provided documentation which clearly shows that you were working without permission. Your application has therefore been refused.
It is open to you to re-apply for citizenship at any time but an application made before 24/02/20 is unlikely to succeed. Before submitting a further application for citizenship, you should ensure that you meet all the requirements.

[mmc]

Hi,

Hi Ram001,
Speak with your MP. I know the HO will tell you to fill the NR form and pay £272 (all about money) and wait for their decision, now this could take upto 12-24 months.

HO will only reply to your MP letters. I don't understand why the UKVI hired these idiots (lack of experienced) staff. why don't they double check the applications again and again, why don't they contact applicants for interview of any doubts.


Is't this a dumb person, who refused your application, where you had valid LTR



Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

What was the exact wording of the refusal of your citizenship application (taking out any personal details).

Why have you ignored my question and posted an almost identical post again? I am asking for the exact wording of the refusal.

Sorry was trying to upload the image but unable to do it, so typed the letter wording
Letter received for Query
I refer to your application for naturalisation as BC. one of requirement 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. where an applicant has not been compliant with UK immigration laws in the ten years’ period prior to the date of an application the application will normally be refused.
This is explained in booklet AN which accompanies the application from for naturalisation and in the home office staff instructions published on our website (go to policy and law>staff guidance, instructions and country information> Nationality instructions > Volume 1 > Chapter 18 > Annex D Paragraph 9.7 (b).
According to our records, you were in UK without leave to remain under the immigration laws between 18/05/09 when you got refused leave to remain expired and 24/02/10 when you were granted further leave to remain. It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation.
In order that we may further consideration to your application, please complete the enclosed questionnaire and return to us with appropriate documentary evidence.

Refusal Letter
Your application has been refused for the following reasons:
I refer to your application for naturalisation as a British citizen. 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. Where an applicant has not been compliant with UK Immigration laws in the ten year period prior to the date of an application the application will normally be refused. This would include where an applicant has been working in the UK without permission.
This is explained in Booklet AN which accompanies the application form for naturalisation and in the Home Office staff instructions published on GOV.UK
You were in the United Kingdom without valid leave between 18/05/09 (leave expired) and 24/02/10 when you were granted leave to remain. You were not therefore compliant with UK Immigration laws during this period. We wrote to you to ask how you were maintaining yourself in the country during this period and to provide appropriate evidence, e.g. wage slips, benefit letters, evidence of other income.
You have provided documentation which clearly shows that you were working without permission. Your application has therefore been refused.
It is open to you to re-apply for citizenship at any time but an application made before 24/02/20 is unlikely to succeed. Before submitting a further application for citizenship, you should ensure that you meet all the requirements.

[Ram001]

Hi,

Can some please help with my case below...

Citizenship application Refused on the grounds of Good character....
Application made on 06 March 2017, query received on 07 June 2017 and Refusal letter received on 17/06/2017.

What was the exact wording of the refusal of your citizenship application (taking out any personal details).

Why have you ignored my question and posted an almost identical post again? I am asking for the exact wording of the refusal.

Sorry was trying to upload the image but unable to do it, so typed the letter wording
Letter received for Query
I refer to your application for naturalisation as BC. one of requirement 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. where an applicant has not been compliant with UK immigration laws in the ten years’ period prior to the date of an application the application will normally be refused.
This is explained in booklet AN which accompanies the application from for naturalisation and in the home office staff instructions published on our website (go to policy and law>staff guidance, instructions and country information> Nationality instructions > Volume 1 > Chapter 18 > Annex D Paragraph 9.7 (b).
According to our records, you were in UK without leave to remain under the immigration laws between 18/05/09 when you got refused leave to remain expired and 24/02/10 when you were granted further leave to remain. It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation.
In order that we may further consideration to your application, please complete the enclosed questionnaire and return to us with appropriate documentary evidence.

Refusal Letter
Your application has been refused for the following reasons:
I refer to your application for naturalisation as a British citizen. 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. Where an applicant has not been compliant with UK Immigration laws in the ten year period prior to the date of an application the application will normally be refused. This would include where an applicant has been working in the UK without permission.
This is explained in Booklet AN which accompanies the application form for naturalisation and in the Home Office staff instructions published on GOV.UK
You were in the United Kingdom without valid leave between 18/05/09 (leave expired) and 24/02/10 when you were granted leave to remain. You were not therefore compliant with UK Immigration laws during this period. We wrote to you to ask how you were maintaining yourself in the country during this period and to provide appropriate evidence, e.g. wage slips, benefit letters, evidence of other income.
You have provided documentation which clearly shows that you were working without permission. Your application has therefore been refused.
It is open to you to re-apply for citizenship at any time but an application made before 24/02/20 is unlikely to succeed. Before submitting a further application for citizenship, you should ensure that you meet all the requirements.

@CR001 or any one please help

Do I have any chance if I submit a Form NR and by when can I submit?

[catwalkghost]

Hi,

I am currently preparing my AN application for submission (via NCS, of course) but have a somewhat similar (to Ram001's) episode in my immigration history.

I was granted a Tier 1 Post-Study work in April 2010 (valid until April 2012) and unsuccessfully applied for a Tier 2 Resident Permit in September 2011. I received a refusal in October 2011 due to wrong format of employment start date and re-applied shortly after. Second refusal was issued in November 2011 due to low salary.

I was also a full-time PhD student since October 2009 (the reasoning behind applying for Tier 2 was a job offer I didn't want to refuse and was considering switching to studying part-time. Unfortunately, this scenario didn't happen).

Shortly before my Tier 1 Post-Study work expired I applied for a Tier 4 Student fLR, which was successfully granted in April 2012. There was no overstay (just barely though), and I was successfully granted an ILR in October 2015.

My question is, are there any steps or measures I can take to try and prevent a refusal of AN application on the similar grounds as Ram001?

When I was applying for ILR in 2015, I've submitted a spreadsheet with all my residence permits details (with start/end dates) on a separate sheet with my ILR application and included a brief summary explaining them in the covering letter. I am considering doing the same for my naturalisation application. Would you say this is enough? Or would it be better to speak to the immigration advisor regarding this? Once again, I would emphasise that no instance of overstay occurred during this episode.

Everything else in my AN application looks rather straightforward and shouldn't cause any issues.

Many thanks in advance!

[mrafgsharoon]

Hi everyone
I applied for naturalisation on
Application date ....................16-Feb-2016
Acknowledgement email on .24th-Feb-2016
Fee deducted ...................On. 25-Feb-2016
But I have never received Biometrics invitation letter maybe
Maybe lost in the post or something
But unfortunately HO rejected/invalid my application after
16 Months WAIT and luckily my fee of £1005 was refunded and
Next week I am gona apply for it again .

[smallpie]

Hi everyone
I applied for naturalisation on
Application date ....................16-Feb-2016
Acknowledgement email on .24th-Feb-2016
Fee deducted ...................On. 25-Feb-2016
But I have never received Biometrics invitation letter maybe
Maybe lost in the post or something
But unfortunately HO rejected/invalid my application after
16 Months WAIT and luckily my fee of £1005 was refunded and
Next week I am gona apply for it again .

Did they say reason your application was rejected tho?