EEA National Good Character Requirement

[ninadora]

Hi everyone,

Am about to start my application for naturalisation but not sure whether I meet the good character requirement or, to be more specific, whether my particular case can be seen as non-compliance with the worker authorisation scheme by the HO. Plan to get a professional advice on this but thought I'd share it on here first to see what people think. So your views and thoughts would be very much appreciated.

My story is as follows: arrived in the UK on a Russian passport in 2002. Just before my last leave to remain expired in 2008 started using my Bulgarian passport and applied for an EEA registration certificate claiming exemption from worker authorisation scheme (worked legally for more that 12 months at the time Bulgaria joined the EU). Was refused as my Bulgarian passport was issued in 2008 and the HO wanted my previous passport or any other evidence of Bulgarian nationality at the time it joined the EU and I had none. A senior caseworker then recognised the decision as incorrect saying that basically as long as I can show I am Bulgarian and worked legally I shouldn't need to provide any other evidence and should be issued with a registration certificate. But whilst waiting for the certificate to be issued another senior caseworker decided that the original decision was correct, so refusal in the end. I made a fresh application at a PEO a few months later but was asked to withdraw it as my case was deemed complex so couldn't be dealt with at a PEO. I gave up and never bothered applying again.

Now, whilst this was in 2008 the decision obviously extends up to the end of 2013 as the worker authorisation scheme ended in 2014. As you know, prior to 2014 working without authorisation or unless you were exempt was a criminal offence. I was never told I was working illegaly, was never served any notice that I may have been in breach, was never fined etc. According to the HO, I simply failed to prove I was exempt. And, applying for a registration certificate based on exemption was not a legal requirement anyway.

All this will obviously come up when the HO checks my immigration history as part of my naturalisation application. The question is whether this is likely to be viewed as non-compliance with the worker authorisation scheme. I'm not a solicitor but from a purely legal point of view it is not at all clear to me where I stand. At the end of the day it all depends on how HO interprets this now and it would seem it can go either way.

Would be interested to know what people think.
Many thanks.