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Good Character

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Zerubbabel
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Re: Good Character

Post by Zerubbabel » Fri Sep 25, 2020 5:56 pm

If the deception came to light in 2016, then your chances would be much higher in 2026.

There is no 100% for any application, it's all about maximising chances.

Bucks
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Re: Good Character

Post by Bucks » Fri Sep 25, 2020 6:05 pm

Zerubbabel wrote:
Fri Sep 25, 2020 5:56 pm
If the deception came to light in 2016, then your chances would be much higher in 2026.

There is no 100% for any application, it's all about maximising chances.
Thank you

So is not any other way of succeeding?

vinny
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Re: Good Character

Post by vinny » Sat Sep 26, 2020 4:32 am

I’m guessing that you were unlucky that they revoked your ILR, possibly contrary to policy. However, I think you were very lucky in being granted ILR again within 3 years instead of having to wait much longer, e.g. normally, 5 or 10 years. Under what provisions did they grant your ILR in 2020?

Pardon my curiosity, what was the purpose of using a false date of birth in the first place?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bucks
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Re: Good Character

Post by Bucks » Sat Sep 26, 2020 7:31 am

vinny wrote:
Sat Sep 26, 2020 4:32 am
I’m guessing that you were unlucky that they revoked your ILR, possibly contrary to policy. However, I think you were very lucky in being granted ILR again within 3 years instead of having to wait much longer, e.g. normally, 5 or 10 years. Under what provisions did they grant your ILR in 2020?

Pardon my curiosity, what was the purpose of using a false date of birth in the first place?
Good morning Vinny

I do not mind to answer any questions you like.

When I claimed asylum my really age was 18 and told HO I,m 17 years old, but my asylum was refused anyway. I was granted ILR after been in uk over 10 years .

Could you please share your advise will I have any chance to succeed or is not point?

I know Zerubbabel has advised not to apply and I understand as his got good point because of my deception but just if I could hear you advise please.

vinny
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Re: Good Character

Post by vinny » Sat Sep 26, 2020 11:05 am

If they granted your current ILR under Long residence, then it’s encouraging. They were satisfied that you have had continuous lawful residence for at least 10 years.

They may also disregard the brief period of overstay following the revocation of your first ILR.
Discretion to waive immigration breaches
....
Examples of when you might exercise discretion include where:
• the breach occurred at a time when the applicant was a minor whose parents failed to obtain or renew their leave
• the applicant was a victim of domestic violence whose abusive partner prevented the renewal of leave
• the applicant had made an ‘in-time’application, but the application was rejected and so they became in breach
o this is provided there is no reason to doubt that the form was submitted in good faith and a fresh application was submitted within 28 days of the rejection and before 24 November 2016
• the person had made a late application for leave to remain which was subsequently granted and either the:
o application was not submitted more than 28 days after the expiry of their previous leave and before 24 November2016
o application was not submitted after more than 28 days overstaying if it was an asylum application
o person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement
o period of overstaying ended on or after 24 November 2016 and leave was granted in accordance with paragraph 39E of the Immigration Rules
• the person arrived the UK clandestinely but either presented themself without delay to the immigration authorities or was detected by the immigration authorities shortly after arrival:
o the maximum period involved should normally be 1 month, but may be longer if there are extenuating circumstances
o in these cases you can waive the breach that occurred from entry until the person’s first application for leave or asylum was determined, provided the application was granted
• an application for asylum or leave to remain was refused but was later acknowledged to be an incorrect decision and the appropriate leave was granted
• the breach was because the applicant did not meet an additional/implicit condition of stay, rather than illegal entry or overstaying, such as an EEA or Swiss national not having CSI and can provide sufficient evidence to justify discretion being exercised in their favour
If you disclosed the deception in 2004, then it may be okay:
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.
It’s a bit odd, if they knew about the deception in 2004, then why grant your ILR in 2012, and then revoke your ILR in 2016 for the deception? Did you use your correct date of birth in all applications, after your disclosure, from 2004 onwards?

If applying for naturalisation, then I think you should disclose all these history. Is your spouse British?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
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Re: Good Character

Post by secret.simon » Sat Sep 26, 2020 12:25 pm

Bucks wrote:
Fri Sep 25, 2020 2:28 am
I did disclosed myself voluntarily and wrote a letter to HO and admitted of lying around 2004 , so they new about it quite awhile and they decided to revoked 2016 and on the revocations letter give me a right to make further application and I did straight away.

So my concern is not about the deception as they knew about it and I didn’t produce any bad quality documents with an application that was only when claimed asylum when I lied.
But my concern is from when my LTR was revoked till I was granted visa was I an overstayer or illegal immigration?
When did you disclose to the HO that you lied about your age? Did you disclose that information to the HO in 2004 or in 2016?

I think, @vinny, that the OP disclosed to the HO in 2016 that she had lied about her age in 2004. So the deception that happened in 2004 came to light in 2016.

Following the logic of the paragraph that you quoted from above, I am inclined to agree with @Zerubbabel that the OP should wait till 2026, especially given that they are worried about the impact of a refusal would have on their financial situation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bucks
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Re: Good Character

Post by Bucks » Sat Sep 26, 2020 1:30 pm

secret.simon wrote:
Sat Sep 26, 2020 12:25 pm
Bucks wrote:
Fri Sep 25, 2020 2:28 am
I did disclosed myself voluntarily and wrote a letter to HO and admitted of lying around 2004 , so they new about it quite awhile and they decided to revoked 2016 and on the revocations letter give me a right to make further application and I did straight away.

So my concern is not about the deception as they knew about it and I didn’t produce any bad quality documents with an application that was only when claimed asylum when I lied.
But my concern is from when my LTR was revoked till I was granted visa was I an overstayer or illegal immigration?
When did you disclose to the HO that you lied about your age? Did you disclose that information to the HO in 2004 or in 2016?

I think, @vinny, that the OP disclosed to the HO in 2016 that she had lied about her age in 2004. So the deception that happened in 2004 came to light in 2016.

Following the logic of the paragraph that you quoted from above, I am inclined to agree with @Zerubbabel that the OP should wait till 2026, especially given that they are worried about the impact of a refusal would have on their financial situation.
Disclosed the real age 2014 after the 1st ILR was granted and I’m 2016 the made a decision to revoked as I used the deception.

vinny
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Re: Good Character

Post by vinny » Sat Sep 26, 2020 1:36 pm

Ah. Thanks. That explains my confusion. Wait until at least ten years have passed since the disclosure.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bucks
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Re: Good Character

Post by Bucks » Sat Sep 26, 2020 2:39 pm

vinny wrote:
Sat Sep 26, 2020 1:36 pm
Ah. Thanks. That explains my confusion. Wait until at least ten years have passed since the disclosure.

My spouse is British.
To wait 10 years from the date when I send the letter (disclosure) or when my ILR was revoked or when my LTR was granted ?

Bucks
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Re: Good Character

Post by Bucks » Sat Sep 26, 2020 4:09 pm

Bucks wrote:
Sat Sep 26, 2020 2:39 pm
vinny wrote:
Sat Sep 26, 2020 1:36 pm
Ah. Thanks. That explains my confusion. Wait until at least ten years have passed since the disclosure.

My spouse is British.
To wait 10 years from the date when I send the letter (disclosure) or when my ILR was revoked or when my LTR was granted ?
This might help
Letter disclosure 2014
ILR revocation 2016
LTR granted 2017

secret.simon
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Re: Good Character

Post by secret.simon » Sat Sep 26, 2020 5:30 pm

Erring on the side of caution, I would suggest the tenth anniversary of the LTR grant in 2027.

Then again, the laws and/or interpretation may have changed by then. So you would be better off asking that question again in 2024/25.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bucks
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Re: Good Character

Post by Bucks » Sat Sep 26, 2020 6:47 pm

secret.simon wrote:
Sat Sep 26, 2020 5:30 pm
Erring on the side of caution, I would suggest the tenth anniversary of the LTR grant in 2027.

Then again, the laws and/or interpretation may have changed by then. So you would be better off asking that question again in 2024/25.
Thank you Simon

I will take your advice

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