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British citizenship - good character

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

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g84gh1
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Posts: 2
Joined: Sat Jan 11, 2025 6:25 pm
Greece

British citizenship - good character

Post by g84gh1 » Sat Jan 11, 2025 6:45 pm

Hello,
I am from Greece and I want to apply for British citizenship. My main concern is the good character requirement. Greece requires from males citizens to complete a compulsory military service. I have been living in the UK the past 6 years without any issue. In January 2024 my PhD studies postponement from the military in Greece expired and I was called to serve. I did not attend the training and I was announced to be non compliant with the military service. In general the penalties are:
You are not allowed to leave Greece
You are not allowed to renew the password
6000 euros civil fine
And a military trail with up to 2 years in jail (the sentence is suspended)
In the case of people living abroad, like myself, are allowed to apply to the greek consulates to be announced as non complaints living abroad. This allows to renew the passport, and be able to visit Greece up to 30 days each year without being arrested. If you violate the 30 days you can be arrested. As long as you are not arrested there are no criminal trials for the non compliance (this is not necessary but it is quite common to only be sent in trial once you stop being non compliant living abroad).
Once you complete 11 years of living abroad or 7 working (I need 11 as studies do not count towards working) all penalties are voided and you get a permanent postponement from the military.
This is a semi-legal situation that cannot be easily explained in the naturalisation application. I think that the potential of a trial would raise a red flag for the application even though this trial will most likely never take place.
As far as I understand, there is no comparable offence in the UK and therefore it could be disregarded. However, the good character guidance mentions that even if the crime does not exist in the UK it may indicate that I am not of good character. I feel very nervous about applying.
I thought about asking a solicitor, however it is even hard for them to realise the complexities of the specific situation as this semi-legal situation does not exist in the UK law. Any feedback or how to proceed is highly appreciated.

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: British citizenship - good character

Post by alterhase58 » Sat Jan 11, 2025 8:48 pm

Have you been indicted for this criminal offence?
Or are investigations under way. Is there an international arrest warrant for you?
As you say no such offence in UK statute.
Difficult to know what action to recommend.
On the face of it this is between you and the Greek state. It will only affect you if you enter Greece.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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contorted_svy
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Posts: 3711
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: British citizenship - good character

Post by contorted_svy » Sat Jan 11, 2025 8:52 pm

I think this is the section you are referring to
Convictions and sentences imposed outside of the UK
Any overseas conviction or non-custodial sentence must be treated in the same way
as one imposed in the UK. The starting point will always be the sentence imposed.
In addition to official records of overseas convictions or criminality, a person may
have admitted to having committed offences overseas, including declarations made
in other applications to the Home Office, for example, in a protection claim. Where
such declarations have been made, they should be taken into account when
assessing good character. If the person subsequently retracts this information and
depending on the reason for doing so, this in itself could call into question the
person’s honesty in their dealings with the Home Office. If the person admitted to
committing an offence overseas but claims to have fled the country before being
convicted, you must refer the case to a senior caseworker. The application must be
put on hold until the claim has been referred to the police.
It will normally be appropriate to disregard a conviction for behaviour that is
considered legitimate in the UK. Examples of offences abroad that you may
disregard include homosexuality or membership of a trade union. However, the fact
that there may be no equivalent for an overseas offence in British law does not in
itself mean that the offence should automatically be disregarded, and you must look
at what that offence indicates about the person’s character. A willingness to disobey
the law in another country may be relevant even if their conduct would have been
lawful in the UK.
Approval to disregard offences must be obtained from the chief caseworker.
Have you actually been convicted for this? Or are you only concerned it will happen?
Perhaps a solicitor well versed in nationality could help as similar cases may be known to them?
All advice comes from personal research and experience and should not be regarded as professional opinion.

g84gh1
Newly Registered
Posts: 2
Joined: Sat Jan 11, 2025 6:25 pm
Greece

Re: British citizenship - good character

Post by g84gh1 » Sat Jan 11, 2025 9:29 pm

No I have not been convicted. I have not even been summoned to a court and most likely I will never be summoned. I am not under trial or awaiting trial.
There are no warrants for this offence. Greek military knows that I live in the UK and I can visit Greece up to 30 days a year without any issues. If I violated the 30 days allowance, I will lose the status of non-compliant living abroad and I will be sent to trial. This is a complicated area of law, and there are several laws that do not make much sense. It is quite common issue with greek citizens living abroad and the embassy offers services to be declared as non-compliant living abroad. However, my concern is how this will look in my application.
Regarding if there is an investigation: no there is no investigation. The crime is very easy to be proven and does not really need any investigation.

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contorted_svy
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Posts: 3711
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: British citizenship - good character

Post by contorted_svy » Sun Jan 12, 2025 12:41 pm

Very much a grey area. My feeling is the HO would check if there are warrants on you rather than making precise inquiries with each government in the world. It may be a gamble but 1- doesn't feel like you've committed a serious crime that casts doubt on your character 2- they wouldn't find a trace of it. If you find a solicitor that has experience of similar cases (I am relatively confident other Greek citizens will have come across this before) that would be the safest bet.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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