GOOD CHARACTER DECEPTION? alterhase58 & Tick-tack & CR001& Viny and others please help

[vetchololass87]

Hello
I have settle status and planning to apply for naturalisation next month. I did request my SAR and I was surprised about the notes that the cases worker wrote on it back in 2015. And I’m starting to think that these notes will affect my application. Bellow are the notes:

He applied on 20-2-12 as the spouse of……this application was refused on english language but granted down 10 year route due to having a british child.
Applicant has admitted on application form that he started divorce proceeding when he found out the child wasn't his.
He has also provided a DNA paternity test confirming…..is not his biological daughter. This is dated 24-7-13. He knew very shortly after being given leave under EX1 on the basis of having a british child. He should have informed us.

Basically I had LTR due to having a British child and I found out that the child wasn’t mine. I never knew that I had ti inform the office straight away. My representative didn’t advise me. However on my next application I advised the office everything mentioned above due to new solicitor advices.
Here the problem the HO will see this as deception and I definitely didn’t know. I did inform them of the changes but it wasn’t straight away after the changes.

I’m really pessimistic about this and even if I wrote a cover letter to explain I don’t think they will believe me. Can you please share your opinion? I’m glad that I have requested my SAR to see the case worker notes back in 2015/2016.

Thanks.

[vetchololass87]

alterhase58 & Tick-tack & CR001& Viny and others please your advices.

[vetchololass87]

Hello
I have settle status and planning to apply for naturalisation next month. I did request my SAR and I was surprised about the notes that the cases worker wrote on it back in 2015. And I’m starting to think that these notes will affect my application. Bellow are the notes:

He applied on 20-2-12 as the spouse of……this application was refused on english language but granted down 10 year route due to having a british child.
Applicant has admitted on application form that he started divorce proceeding when he found out the child wasn't his.
He has also provided a DNA paternity test confirming…..is not his biological daughter. This is dated 24-7-13. He knew very shortly after being given leave under EX1 on the basis of having a british child. He should have informed us.

Basically I had LTR due to having a British child and I found out that the child wasn’t mine. I never knew that I had to inform the office straight away. My representative didn’t advise me. However on my next application I advised the office everything mentioned above due to new solicitor advices.
Here the problem the HO will see this as deception and I definitely didn’t know. I did inform them of the changes but it wasn’t straight away after the changes.

I’m really pessimistic about this and even if I wrote a cover letter to explain I don’t think they will believe me. Can you please share your opinion? I’m glad that I have requested my SAR to see the case worker notes back in 2015/2016.

Thanks.

alterhase58 & Tick-tack & CR001& Viny and others please your advices.

[alterhase58]

Please appreciate we are just volunteers and may not necessarily know what the answer is. Also we do have normal lives ….

Personally I can’t give an opinion on your case. But if you have a regularised status now and you volunteer details of the issues you had then maybe that will be sufficient.

[vetchololass87]

Please appreciate we are just volunteers and may not necessarily know what the answer is. Also we do have normal lives ….

Personally I can’t give an opinion on your case. But if you have a regularised status now and you volunteer details of the issues you had then maybe that will be sufficient.

Thank you for the reply and sorry for being pushy. You know how these situations can be stressful and make you overthinking.
I read about the the deception guidance and in my case it will be based on the case worker. I did inform HO but case worker could argue that it was not straight away hence this is really tricky. So you think I should go ahead and apply? You have good advices and great inputs in regards of immigration matters. Thanks.

[vetchololass87]

Please appreciate we are just volunteers and may not necessarily know what the answer is. Also we do have normal lives ….

Personally I can’t give an opinion on your case. But if you have a regularised status now and you volunteer details of the issues you had then maybe that will be sufficient.

If I decide to apply I’ll write the cover letter below:

LTR granted on 15/02/13 due to having a BRITISH CHILD. Later I found out that the child wasn't mine. I was not aware of informing the HO straight away of any circumstance change. My representative did not inform me. However my next application LTR 10/07/15 I informed the HO that I started divorce proceeding when I found out that the child wasn't mine and I provided DNA paternity test to HO following my new solicitor advice. This was a genuine mistake and appeal was allowed under Article8 ECHR.

Amy thoughts?

[alterhase58]

I don't think anyone here will assure you that a specific course of action will be successful. In the end you will have to decide to go ahead, and include sufficient explanations where you think there may be questions marks.

[vetchololass87]

Hello
I have settle status and planning to apply for naturalisation next month. I did request my SAR and I was surprised about the notes that the cases worker wrote on it back in 2015. And I’m starting to think that these notes will affect my application. Bellow are the notes:

He applied on 20-2-12 as the spouse of……this application was refused on english language but granted down 10 year route due to having a british child.
Applicant has admitted on application form that he started divorce proceeding when he found out the child wasn't his.
He has also provided a DNA paternity test confirming…..is not his biological daughter. This is dated 24-7-13. He knew very shortly after being given leave under EX1 on the basis of having a british child. He should have informed us.

Basically I had LTR due to having a British child and I found out that the child wasn’t mine. I never knew that I had to inform the office straight away. My representative didn’t advise me. However on my next application I advised the office everything mentioned above due to new solicitor advices.
Here the problem the HO will see this as deception and I definitely didn’t know. I did inform them of the changes but it wasn’t straight away after the changes.

I’m really pessimistic about this and even if I wrote a cover letter to explain I don’t think they will believe me. Can you please share your opinion? I’m glad that I have requested my SAR to see the case worker notes back in 2015/2016.

Thanks.

alterhase58 & Tick-tack & CR001& Viny and others please your advices.

@CR001 is it something you could advise on?

[vetchololass87]

Hello
I have a settled status and planning to apply for naturalization next month. I did request my SAR and I was surprised about the notes that the cases worker wrote on it back in 2015. And I’m starting to think that these notes will affect my application. Bellow are the notes:

He applied on 20-2-12 as the spouse of……this application was refused on English language but granted down 10 year route due to having a British child.
Applicant has admitted on application form that he started divorce proceeding when he found out the child wasn't his.
He has also provided a DNA paternity test confirming…..is not his biological daughter. This is dated 24-7-13. He knew very shortly after being given leave under EX1 on the basis of having a British child. He should have informed us.

Basically I had LTR due to having a British child and I found out that the child wasn’t mine. I never knew that I had to inform the Home office straight away after change of circumstances. My representative didn’t advise me efficiently. However on my next application I informed the Home office everything mentioned above due to new solicitor advice.
Here is the issue, the HO might see this as deception. I did inform them of the changes but it wasn’t straight away.

I’m really confused about this and i'm planning to write a cover letter to explain the situation. Can you please share your opinion and analysis? What is the best strategy to convince the HO?

Tick-tack CR001 Viny and others please your advice

[meself2]

You don't need to create another topic with almost the same question as you did before. Stick to the existing one, please.

Topics merged.

[AmazonianX]

You got response from alterhase58, be assured that without tagging if others who can be helpful/provide guidance come across your topic you will get a response.

[Ticktack]

This is just my opinion, and I might be wrong;
You applied in 2012 as spouse, visa was rejected but later granted based on British child (10 years path). You found out shortly after,that the main reason you've been granted a UK visa is not correct (hyperbole)! Hence it means you've been living in the UK illegally (also hyperbole).
When it was time to renew, you disclosed this discovery to the HO (thereby coming clean). Visa issued I presume.
In my opinion, this is when your legal stay starts here in the UK.

What you might have survived during your route to ILR, gets exposed during naturalisation. Different rules apply.

Presumably, any naturalisation application before 10 years on the above legal stay would fail IMHO.
Deception is the keyword here, unfortunately.

[vetchololass87]

Hello Tick Tack

Thanks for your reply and to be honest i have the same thoughts process and i just don't want to risk losing £1330 for the application.
I thought that the HO will interpret this as deception but technically i wasn't illegal as i had a Residence card and It was a genuine mistake and ignorance. I was freshly in the UK(not an excuse but...)

On the Good Character guidance it is mentioned:
You must not refuse an application if you are satisfied that the person made a
genuine mistake on an application form or claimed something to which they
reasonably believed or were advised they were entitled to and there are no other
adverse factors impacting on the applicant’s good character.
At the end of the day, i informed them but yes it was late i agree.

[Ticktack]

Hello Tick Tack

Thanks for your reply and to be honest i have the same thoughts process and i just don't want to risk losing £1330 for the application.
I thought that the HO will interpret this as deception but technically i wasn't illegal as i had a Residence card and It was a genuine mistake and ignorance. I was freshly in the UK(not an excuse but...)
I agree that you were not illegal. That's I was I used the word Hyperbole (exaggerated statements or claims not meant to be taken literally.)

On the Good Character guidance it is mentioned:
You must not refuse an application if you are satisfied that the person made a
genuine mistake on an application form or claimed something to which they
reasonably believed or were advised they were entitled to and there are no other
adverse factors impacting on the applicant’s good character.
At the end of the day, i informed them but yes it was late i agree.

You're almost there, just hang on a bit longer.

[vetchololass87]

Hello

I understood the hyperbole, but i just wanna understand the % of chance i have for approval.

Based on your comments, it will be about the interpretation of deception? This is not like i lied about my Nationality or DOB, or claimed benefits when i was not entitled....

I hope that this can interpreted as genuine mistake? Do you understand my point? I'm not trying to be right just analyzing the situation...it is a lot of money to lose.

However the application date was on 10/07/2015 and outcome 21/01/2016, is it 10 years from application or outcome date?

Thanks

[AmazonianX]

Hello

I understood the hyperbole, but i just wanna understand the % of chance i have for approval.

"I don't think anyone here will assure you that a specific course of action will be successful. In the end you will have to decide to go ahead, and include sufficient explanations where you think there may be questions marks."

Based on your comments, it will be about the interpretation of deception? This is not like i lied about my Nationality or DOB, or claimed benefits when i was not entitled....

I hope that this can interpreted as genuine mistake? Do you understand my point? I'm not trying to be right just analyzing the situation...it is a lot of money to lose.

However the application date was on 10/07/2015 and outcome 21/01/2016, is it 10 years from application or outcome date?

Thanks

[vetchololass87]

I know that nobody here works from the HO. Based on your knowledge and analysis I’m just looking an advice that’s all. For example application will be refused if you been sentenced to prison for X year…that’s straightforward I get that
In my case it is straightforward? A straight refusal? If I have a slight chance of approval I’ll go ahead and apply. That’s all I’m asking.

Please read my topic and provide me your personal opinion.

Thanks