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Are there any other factors that might cast doubt on your good character? If the answer is no, you should be OK according to the new rules. If there is any other factor that might cast doubt on your good character, it would be better to wait. Your period of lawful residence started possibly when you applied for a BRC in 2016, so if you have any other concerns relating your good character in the last 10 years, you are better off waiting until 2026.Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.
Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.
The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.
To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply:
The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022;
The person holds indefinite leave to enter or remain; and
No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision.
It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to:
Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal
Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate
Applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered.
That should be fine then.
HelloSBASCO4 wrote: ↑Tue Oct 18, 2022 12:46 pmHello Everyone, I Just need some advice from Gurus and anyone with your experience please,
My Immigration History
came in uk as a student 2010, visa expire 2011, overstay 2011 to 2015, first application made in 2015 for BRC as a family member of an EU. baby born in 2015. BRC application refused in 2016 because passport was expire (not valid id) appealed in 2016 hearing date came in 2017 but just 1 day before hearing Home Office withdrawn their original decision and issued me BRC end of 2017, Received Settle Status in July 2021.
So Now Question is what You guys can advice me, should I apply for citizenship now or can I apply now? because I have got mix reviews from few people, some says u can do it and some says it can be refuse because you was OVERSTYER between 2011 to 2015.
Thanks in advance and much appreciated your work guys.
Hi Mate, yeah i know what you mean, I had very bad experience with HO and i was happy when i heard rules relaxed for previous overstayer.London22 wrote: ↑Tue Oct 18, 2022 9:28 pmHelloSBASCO4 wrote: ↑Tue Oct 18, 2022 12:46 pmHello Everyone, I Just need some advice from Gurus and anyone with your experience please,
My Immigration History
came in uk as a student 2010, visa expire 2011, overstay 2011 to 2015, first application made in 2015 for BRC as a family member of an EU. baby born in 2015. BRC application refused in 2016 because passport was expire (not valid id) appealed in 2016 hearing date came in 2017 but just 1 day before hearing Home Office withdrawn their original decision and issued me BRC end of 2017, Received Settle Status in July 2021.
So Now Question is what You guys can advice me, should I apply for citizenship now or can I apply now? because I have got mix reviews from few people, some says u can do it and some says it can be refuse because you was OVERSTYER between 2011 to 2015.
Thanks in advance and much appreciated your work guys.
I think you should wait until have 10 years clean immigration history .New guidance doesn't have anything for previous overstayers ,it is only creating sensation for desperate applicants to apply & the HO will refuse & keep the money .The new change says overstay may be disregarded but we know it is not automatic hence HO is likely to have secret information for its caseworkers on what approach to take & we know the approach is to refuse.Also it is typical that HO doesn't provide clear information .
Those who think new guidance has created easiness for previous overstayers shouldn't forget that expecting relaxation in rules from this govt is just so naive .