British Citizenship – Good Character Requirement FAQs

[CR001]

hi All

I have got a question about naturalisation of EEA national. 3 Years ago I married a non-EEA national My then wife she applied 2 times for Residency card on the basis of marrying a EEA national. Her application however was refused the first time because she did not provide the valid current address.

Later, we went for an interview to Liverpool and her application was refused on the basis of 'suspecting' the marriage of convenience. Subsequently, because of other issues we have divorced.

Question is. Should I disclose this in my application even though I do not think it consistute bad faith on my side and formally I was not charged with anything?

Do you know how such cases are viewed by the Home office?

Thanks

No not necessary.

[foxmulder]

hi All

I have got a question about naturalisation of EEA national. 3 Years ago I married a non-EEA national My then wife she applied 2 times for Residency card on the basis of marrying a EEA national. Her application however was refused the first time because she did not provide the valid current address.

Later, we went for an interview to Liverpool and her application was refused on the basis of 'suspecting' the marriage of convenience. Subsequently, because of other issues we have divorced.

Question is. Should I disclose this in my application even though I do not think it consistute bad faith on my side and formally I was not charged with anything?

Do you know how such cases are viewed by the Home office?

Thanks

No not necessary.

Thanks for your response CR001. Can you please elaborate on this a bit more and why do you think this would be the case? Do you know of such cases as I found this in the requirements.

Section 9: Immigration Related Issues
9.1 Bogus Marriages/Civil Partnerships and Marriages/Civil Partnerships of
Convenience
The decision maker will normally refuse an application where there is evidence that a person has entered into a marriage/civil partnership which is not genuine – particularly where an application for citizenship is on the basis of that marriage/civil partnership.
These will generally fall into two categories:
a. those which are invalid or entirely fictitious, involving forgery or the misuse of documents relating to another person; and
b. valid marriages/civil partnerships contracted for the specific purpose of evading immigration control or gaining an easier route to citizenship (marriages/civil partnerships of convenience).
The decision maker will normally refuse an application if there has been any deception in the 10 years prior to the application for citizenship. For these purposes, the deception is regarded as continuing until the date on which it is discovered or admitted.

Although my application would not be based on the basis of the marriage but could be viewed as 'Immigration related issue' What od you think?

[foxmulder]

I found this as well, please kindly comment/ advise how my case could possibly be viewed?

9.6 Assisting Illegal Migration
The decision maker will normally refuse an application if there are grounds for believing that the person is currently, or has previously been, involved in an attempt to assist someone in the evasion of immigration control. This includes a person whose spouse’s/civil partner’s recent application for entry clearance has been refused on relationship grounds.

Thanks for your help!

[Chatphat06]

Hi

I am Eligible to apply for British Naturalisation, However I am in peculiar situation, where i need some Help, My Wife has given a False complaint on me to police about Domestic abuse and later she has withdrawn with couple of weeks, and to which i have received a No Further action Required letter from the police, Now my Question is Should I include about this in the Naturalisation form under Good Charachter Section, Please some one help me with both what i Include / dont include?

[alterhase58]

Hi

I am Eligible to apply for British Naturalisation, However I am in peculiar situation, where i need some Help, My Wife has given a False complaint on me to police about Domestic abuse and later she has withdrawn with couple of weeks, and to which i have received a No Further action Required letter from the police, Now my Question is Should I include about this in the Naturalisation form under Good Charachter Section, Please some one help me with both what i Include / dont include?

No action has been taken against you (conviction or caution) so nothing to declare.

[clawsie]

Help please!
Getting started with the naturalisation app form, but have a teeny problem: was caught with less than a gram of speed (0. sometime in 1985, went to court and was fined.
2 questions:
1) How do i find out the exact date (sorry it was a long time ago & my memory's not so good)
2) Would a statement like "I was convicted and fined for drug possession sometime in 1985 but can't remember the exact details" be sufficient for the naturalisation application form? Would I be refused?
Many thanks for your help!

[nidaulhaque]

Any one got granted citizenship under Section 10: Exceptional Grants

Problem is I had 6 points and 150 fine 2 years ago from court for speeding what do u think will they accept it under exceptional grounds? I have no issues at all in past totally clean

[AOIE]

Hello All,

I currently have the ILR which I received in June 2014, unfortunately I have a driving without insurance incident.

I was due to apply for my naturalisation/citizenship but waited 3 years (as advised by my lawyer) I should be putting forward my application this June 2017 as by then the conviction will be considered 'spent' even though they have changed the laws on this.

I was given fines to pay which I paid for immediately I received them in the post in 2014.

1. Does it matter if I apply through a solicitor or through my local council?

2. Does having a case worker in the local council check your documents before it being sent to the home office help? meaning does it look better to the home office if they feel that a case worker has vetted the application prior to it being seen at the home office.

3. Do you think I should wait one more year before applying or just put it forward this year as I have already waited for 3 years, I also have no prior offences, and none since the date of this unfortunate event.

4. is there anyone who has been successful with their application after waiting for 3 years following a driving without insurance incident? if so can you share your story with me?

5. Is there anything I can do before the date to potentially reduce the chances of a refusal?

Also is there any other thing i should be checking before applying? I have read about other peoople mentioning things like CRB etc

I hope this makes sense and thank you in advance for responding, best of luck to anyone going through this struggle.

[alterhase58]

Just some input from me - others members may follow

Hello All,

I currently have the ILR which I received in June 2014, unfortunately I have a driving without insurance incident.

I was due to apply for my naturalisation/citizenship but waited 3 years (as advised by my lawyer) I should be putting forward my application this June 2017 as by then the conviction will be considered 'spent' even though they have changed the laws on this.

I was given fines to pay which I paid for immediately I received them in the post in 2014.

1. Does it matter if I apply through a solicitor or through my local council?
Solicitor is not needed for AN application, main difference is the amount you spend on the service (NCS is typically around £60 for an appointment - Note they don't fill in your application).

2. Does having a case worker in the local council check your documents before it being sent to the home office help? meaning does it look better to the home office if they feel that a case worker has vetted the application prior to it being seen at the home office.
You don't have a case worker at NCS, they are agents, they look over your application, check you got all required documents, copy & certify them and you keep the originals. They have no bearing on the outcome - that's down to UKVI. Main advantage is you keep your originals (not available at solicitors!).

3. Do you think I should wait one more year before applying or just put it forward this year as I have already waited for 3 years, I also have no prior offences, and none since the date of this unfortunate event.
If you waited three years no reason to wait any longer.

4. is there anyone who has been successful with their application after waiting for 3 years following a driving without insurance incident? if so can you share your story with me?
Others may answer.

5. Is there anything I can do before the date to potentially reduce the chances of a refusal?
Not really, just make sure you have everything documented that is required.ALSO NOTE, you need to have been in the country physically on the date of the application five years before. Ensure your absences are within the limits.

Also is there any other thing i should be checking before applying? I have read about other peoople mentioning things like CRB etc
If there is nothing else in your records then why bother?

I hope this makes sense and thank you in advance for responding, best of luck to anyone going through this struggle.

You are welcome to post further questions in the main forum.

[soe min oo]

Hi All
I am soe and I got CD10 with £200 fines and 5 points on my license due to careless driving on last year 10/2016. And I am about to apply my U.K citizenship on April 2017. Now I am just confusing that is CD10 concerned as a criminal record and it might get refuse because of CD10? Do I need to wait 3 years? Really concerned about that!

[khizarm]

I am going to Apply Naturalization i am worried that i had CCJ in 2011 but in my previous applications i didnot disclose as i wasn't aware of that i grant all visa including ILR. what can i do now as i paid and clear all CCJ amount. should i disclose in this form or not. Also i have some arrear which i checked in noddle credit scoring of some previous address bills. which says defaulter plz suggest me as i am in atress what to do. thanks

[khizarm]

I am going to Apply Naturalization i am worried that i had CCJ in 2011 but in my previous applications i didnot disclose as i wasn't aware of that i grant all visa including ILR. what can i do now as i paid and clear all CCJ amount. should i disclose in this form or not. Also i have some arrears which i checked in noddle credit scoring of some previous address bills. which says defaulter plz suggest me as i am in stress what to do. thanks

[kalake]

Hi,

First, many thanks in advance for the advice.
I am EEA national that has just received permanent residence card and want now to apply for British Citizenship.
I've got two driving offences, both for speeding:
SP30 (June 2014) - 3 points
SP50(August 2015) - 6 points
This last one was for excessive speeding and required my presence in court where the magistrates decided to award me 6 points instead of suspending my license.
Is this going to be a problem for my UK citizenship application?

Thanks and kind regards
K

[armranazi]

Hi there. I have a quick question. I want to apply for naturalisation in June but I am a bit worried now from the things I have been reading on here. About 3 years ago TSB bank had placed a fraud marker against my name due to a transaction that was genuine but they insisted that the transaction was not genuine and thus, they would not remove my name. I later learnt that the marker remains on my file for 6 years. Would I be alright to apply for the naturalisation or do I have to wait until the 6 years is over before I apply?

[alterhase58]

Hi there. I have a quick question. I want to apply for naturalisation in June but I am a bit worried now from the things I have been reading on here. About 3 years ago TSB bank had placed a fraud marker against my name due to a transaction that was genuine but they insisted that the transaction was not genuine and thus, they would not remove my name. I later learnt that the marker remains on my file for 6 years. Would I be alright to apply for the naturalisation or do I have to wait until the 6 years is over before I apply?

I have never heard of such a thing - do you have official bank paperwork for this? What does your credit file say? Have you been convicted of anything?

[armranazi]

Hi there. I have a quick question. I want to apply for naturalisation in June but I am a bit worried now from the things I have been reading on here. About 3 years ago TSB bank had placed a fraud marker against my name due to a transaction that was genuine but they insisted that the transaction was not genuine and thus, they would not remove my name. I later learnt that the marker remains on my file for 6 years. Would I be alright to apply for the naturalisation or do I have to wait until the 6 years is over before I apply?

I have never heard of such a thing - do you have official bank paperwork for this? What does your credit file say? Have you been convicted of anything?

It happened 3 years ago and yeah I have bank paperwork for it. My credit file does not say anything other than just the normal content of a typical credit file. But I once applied to get SAR and when the SAR came back it contained the details of marker. It was termed 'first party fraud'. I challenged it then but I didnt get anywhere as they were not ready to remove the marker. The only thing they told me was that it will disappear after 6 years. And no I have never been convicted of anything at all whatsoever. Aside this issue I have an all round clean record.

[Mukaziwanga]

Hi, this is my first post, so please be kind...

I am applying for citizenship and having difficulty with how to deal with a fixed penalty issue. I've read a bit about it from previous posts over the years but it seems like in the 2017 guidance and application things may have changed slightly. The application states that fixed penalty notices do not form part of a person's criminal record. However, the guide book states that they must be disclosed. I have seen some posts suggesting there is a difference between a notice and a conviction, but this seem clear based on the application or the guide.

I had a speeding offence in December 2015. I paid the fine but my license must have got lost in the mail and they claimed not to receive it until after the deadline so they refunded the money and sent it to court. There was then a conviction for the same fine amount which I then paid but the conviction date (ie court date) is June 2016.

I believe I have to declare the penalty as a conviction but I'm worried whether this will affect my application. There seems to be some distinction between penalties paid without going to court and those that have gone to court. Also, the offence was over a year ago but the conviction is less than 12 months. Would this make a difference? I really wanted to get my application in as soon as possible before the usual April price hike. I've been delaying for some years and last years price hike really hurts. Any advice greatly appreciated.

[gimmy2017]

Dear senior advisors,

I sincerely appreciate your advice and cherish the support we get from this forum. Before I submit my AN form for naturalisation kindly appraise me what to write here as I am afraid that my application may get rejected as I have two issues, one is DR10 and CCJ

1) DR10 In Year 2002, Start of ban 5 FEB 2002 and ended in Nov 2002, since then I never drink . Dates are as follows how should I fill this section
 Start date: 5 Feb 2002
 End date: 4 Nov 2002
 Conviction date: 15 Jan 2002
 Sentencing date: 5 Feb 2002
 Removal date: 15 Jan 2013
o Offence details
 DR10: Driving or attempting to drive with alcohol level above limit
 Fine: £140.00
 Period: 9 months
o Court
East Berkshire Magistrates’ Court
In 3.2 referring to above what should I insert here
Criminal conviction 1
Country where convicted
Nature of offence
Sentence given
Date sentenced D D M M Y Y Y Y

2)
On section 3.3 Do you have any civil judgements against you or any civil penalty under the UK Immigration Acts?
I will mark YES and the details, can I attached court certificate that it is paid now. CCJ For about £ 495 in year 2010 which has been paid and I have received the certificate of confirmation from the court in year 2011





My both issue were disclosed on my ILR APPLICATION and it was approved about three years ago


Can I write on the space provide ON an FORM WHERE IT SAYS Further information not covered in other sections
that CCJ has been paid as per the proof of court on section where it reads -:

3) Last thing what should I write here
1.49 Address of tax office or tax office reference
My NI no and UTR no as I was only self employed between 2011 to 2012 that’s it and rest of the time I was employed ..
Your expert advice and reply would be much much appreciated.
Thank you
Sincerely

[robtek]

Hi guys I hope you'll give me some advice,

I have two questions:

1. I had FPN (CU80) over 6 years ago which has been accepted and paid straight away. My license / counterpart is clean now, and according to SAR my PNC is clear. Do I need to declared if that FPN is spent and not visible in Police database?

2. The guidelines states
Fixed penalty notices (such as speeding or parking tickets) must be disclosed, although will not normally be taken into account unless:
• you have failed to pay and there were criminal proceedings as a result; or
• you have received numerous fixed penalty notices.

Do I need to declare Penalty Charge Notice (PCN) issued by Council? The guidelines mentioned only about FPN and nothing about PCN.

Many thanks in advance

[bluenet]

Hi,

I was given a harassment warning on Tuesday by the police for accusation of harassment by my ex girlfriend. Will this affect my application for British Naturalisation?

[Chrissy07]

Hello,

I need some advice.

I am in the process of preparing to submit my naturalisation application.

My situation is:-

- in 2004/5 I received a rejection on the renewal of my student visa - my passport had been returned as well
- I submitted further information requesting a reconsideration of my application
- I stayed in the country whilst this was happening, and called the HO regularly for updates. All i got was,
acknowledgement that they had received the information and that they were looking in to it.
- In March 2007, I left the country voluntarily and got married to my fiance
- I returned in 2008 and was granted ILR in 2010.

My question are:-
Will the 10 year ban re the good character requirement apply to me?
Does my overstay come to an end in March 2017 i.e. when I left voluntarily?
Was it an overstay, considering I was waiting a response from the HO?

Thanking you in advance.

Chrissy

[Dai Boyo]

My spouse is in the process of filling in Application Form AD The Guide AD Section 3 Good Character, states ':
'You must also tell us if you have children who have been convicted of an offence or who have received a court order '.

Could anyone answer the following questions.

1. Does she need to include children who are now adults (her children are aged 30+)?
2. Should she give details of each conviction and court order if applicable?
3. What if the paperwork for an offence has been lost?

Has anyone on this forum had their application refused because of their children's poor character despite their own very good character,

Thank you

Dai Boyo+++++++++++++

[scorpion90]

Hi all need some advise for a friend..

he has ilr for 7 moths and he is planing to apply for citizenship in october. the question is he was doing delivery and he got pulled over by police as he did not have business car insurance and police took him to the court, and they disqualified him for 28 days and fined £300 this happened on 26/03/2014.. does he have to wait for 5 years or 3 years to apply for citizenship... thanks..

[Diane*]

Hi I'm am new to this and need some advice, will a caution by food standards agency affect anot application for British citizenship. Thanks

[jamEnergy]

Multiple Fpns will result in rejection for sure?

If I'm unlucky I might have gotten one... maybe two for not noticing a new sign around here