Good character requirement

[Saili25]

Hi,

What's the take on this situation.

Worked contrary to the condition attached while on tier4.
And it was 12 years ago. How would this affect the naturalisation?
Would this be overlooked because it was over 10 years?

[alterhase58]

Perhaps you need to explain a bit more in detail.

[contorted_svy]

That should be OK as it happened more than 10 years ago. Any other factors against good character?

[Saili25]

Perhaps you need to explain a bit more in detail.

Came to the uk in 2009 and was student until 2014 and changed to family visa and got settlement in 2023. Always extended on time and never refused or any issue.
But around 2012-2013 visa had condition attached no work but carried on through ni.

[Saili25]

That should be OK as it happened more than 10 years ago. Any other factors against good character?

Nothing else in negative light apart from this particular work during 2012-2013.

[contorted_svy]

You should still declare it on the application. Try also to show positive evidence of the change in her character. If this is the only adverse factor it should be fine.

[Saili25]

You should still declare it on the application. Try also to show positive evidence of the change in her character. If this is the only adverse factor it should be fine.

This issue never arose in any application so didn't even think about it since my understanding was only last 10 years immigration history will be looked into . And didn't ask in naturalisation application about it particularly so didn't mentioned it in the application. Biometric is already submitted. But the more I am reading about it more worried I become now.
Will this create an issue?

[contorted_svy]

You should still declare it. Doesn't matter if it never came up before. As I said above, declare it and it will be most likely ok.

[Saili25]

You should still declare it. Doesn't matter if it never came up before. As I said above, declare it and it will be most likely ok.

I take your point . But how I declare it at this point. Application is submitted already. Is there a way to do it ?
Also if iam not to declare it what would be the potential ramifications?

[contorted_svy]

You write a cover letter and upload it before the biometrcs appointment.

[Saili25]

You write a cover letter and upload it before the biometrcs appointment.

Biometric is done already couple of weeks ago.
I just want to know 2 things now if still possible to let them know about it . Then how?
And if I wanna take chance and not mention it at all what would be the potential worst outcome? Based on your understanding.

[contorted_svy]

Hard to know what could happen. it could be perceived as trying to hid your history so the best policy is always to disclose. You can write a cover note and send it to them via email explaining your circumstances, that it was so far in the past that you forgot and it was a mistake in good faith.

[Saili25]

Hard to know what could happen. it could be perceived as trying to hid your history so the best policy is always to disclose. You can write a cover note and send it to them via email explaining your circumstances, that it was so far in the past that you forgot and it was a mistake in good faith.

Thank you so much for your responses.
Do you think chance of success is higher if I disclose than not mentioning it. What is the email address for them ?

[contorted_svy]

I can't comment on how this would steer the outcome, personally I'd rather be safe than sorry.

The email addresses are

NationalityEnquiries@homeoffice.gov.uk
citizenship.Support@homeoffice.gov.uk
NationalitySupportTeamFMT@homeoffice.gov.uk
furthernationalityenquiries@homeoffice.gov.uk

Send to all these.

[Saili25]

I understand nobody can tell what decision home office will give but based on their policy and guidance is it right to guess that if they are to find out about the breach and consider it as a deception then the worst outcome for me would be they will ban me for next 10 years from applying for citizenship?

I believe there will be no affect on ILR coz this breach would not have had negative impact on ILR decision ( SET M parent) if it would come to light on that stage. Is this assumption right?
Please give me your second thought on this please.

[Saili25]

I understand nobody can tell what decision home office will give but based on their policy and guidance is it right to guess that if iam not to mention about it and they are to find out about the breach then they will consider it as a deception then the worst outcome for me would be they will ban me for next 10 years from applying for citizenship?
( or equally they will punish me less harshly or overlook it as it was over 10 years back).

I believe there will be no affect on ILR coz this breach would not have had negative impact on ILR decision ( SET M parent) had this come to light on that stage. Is this assumption right?

Please give me your second thought on this please.

[contorted_svy]

I can't comment on ILR as I am not an expert on that. As it's more than 10 years in the past it is most likely that you would be OK, but I don't see what the issue is in disclosing? It is up to you what you do, if you want a more in-depth look at your situation you may want to consider asking a solicitor. No one can guarantee an outcome one way or the other.

[Saili25]

I can't comment on ILR as I am not an expert on that. As it's more than 10 years in the past it is most likely that you would be OK, but I don't see what the issue is in disclosing? It is up to you what you do, if you want a more in-depth look at your situation you may want to consider asking a solicitor. No one can guarantee an outcome one way or the other.

Thank you for your reply. Honestly if I was still in application stage and hadn't applied then I would have definitely mentioned about it. I just misunderstood when i saw guidance HO will only consider last 10 years of immigration history. There is all other question like conviction and all so I presumed it wasn't mandatory to mention when it wasn't asked. And also, I assumed breach that happened over 10 years wouldn't relevant on decision making since they only look for last 10 years of history so I thought it wouldn't count as deception or concealing relevant information.
This was my understanding for not mentioning it . Please give me your thought. Thank you.

[contorted_svy]

As you stated, in the guidance it is only the last 10 years that are considered. However, for transparency, it is advised to disclose previous immigration breaches. I don't know how long your breach lasted or what other consequence it could have had on other applications. The safest choice is always to disclose, though it is not obvious what effect it may have on different applications.

[Saili25]

Is this my understanding correct? Please advise

Immigration breaches-
An immigration breach is where a person has failed to comply with immigration requirements, for example:
• failing to comply with conditions attached to a grant of permission to enter or stay in the UK
• accessing public funds when prohibited from doing so
• failing to report without reasonable excuse, when required to do so
• assisting illegal immigration
• working in the UK without permission to do so (illegal working)
• hiring illegal workers

Failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement

***10 years has lapsed on this requirement case.



Failure to disclose information required in a nationality application-
Where the applicant fails to disclose information that would result in the application being refused on good character grounds, the application must be refused and any further application for citizenship will normally be refused for the next 10 years. This applies unless it is accepted that the failure to disclose was unintentional and a genuine error.

***Given there has been comply with immigration rules in last 10 years and previous breach of over 10 years doesn't cost refusal as guidanc above. so there is nothing that isn't disclosed that would result in the application being refused so this test is pass as well. I believe??


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.

***There isn't any deception in this application or past 10 years so this test is pass as well . I believe??

[lolo2]

Citizenship is not an immigration application like the previous you did, it follows a different process. Most likely the HO will check all the time you've been living in the UK, not only the last 10 years - in fact there's a question on when you first entered the UK.

It doesn't matter when the offence occurred, you need to declare it. This is what I understand from the second clause. Perhaps you may include a statement mentioning what you did to mitigate the breach.

There have been cases of applicants who have been in jail for a number of offences and their citizenship applications were successful.

[Saili25]

Citizenship is not an immigration application like the previous you did, it follows a different process. Most likely the HO will check all the time you've been living in the UK, not only the last 10 years - in fact there's a question on when you first entered the UK.

It doesn't matter when the offence occurred, you need to declare it. This is what I understand from the second clause. Perhaps you may include a statement mentioning what you did to mitigate the breach.

There have been cases of applicants who have been in jail for a number of offences and their citizenship applications were successful.

Thank you for your reply. I have already applied so it's too late for that. So I am trying to understand potential outcome ...
So in your opinion there could be 10 year ban for citizenship application based on second clause? Will this breach give them enough ground for that decision? Because their own guidance says ' failing to mention information that could lead naturalisation application but breach that happened over 10 years ago itself isn't a ground for refusal by applying the first clause.

[lolo2]

I've just read that the application was submitted and biometrics provided, my bad.

In this case there's nothing you can do but wait for the outcome. We don't know how the Home Office specifically conduct these checks, any opinion at this stage would be pure speculation.

[contorted_svy]

As I stated above, you can write a cover letter and send it via email to the addresses I indicated above. Better safe than sorry, as we have no idea how not disclosing this may affect the application.

[Saili25]

As I stated above, you can write a cover letter and send it via email to the addresses I indicated above. Better safe than sorry, as we have no idea how not disclosing this may affect the application.

Ok , I agree on better to be safe than sorry. But how you saying it's safe. Are you suggesting HO will overlook the breach because it was over 10 years old and disregard it. ( in the event of mentioning it).