British Citizenship – Good Character Requirement FAQs

[Amber]

No.

[LukeSkywalker]

Is this no to my question?

[Amber]

Indeed.

[LukeSkywalker]

Thank you

[Deloitte231]

Have been umployed for 9 months but no financial difficulties. No other issues with Good Character Requirements. Any issues with being unemployed at the time of application submission? What documents should I provide as a support? Thanks in advance

[Deloitte231]

and just to clarify my previous post, given that supporting documents checklist does not include request for P60, P45, bank accounts and etc, do I need to provide any of these to support financial standing despite being unemployed, or this is not required and therefore not necessary? Thanks in advance!

[LukeSkywalker]

What is the difference between "arrested of an offence" and " arrested for misunderstanding". I am planning to apply for a US visa to spend the Christmas in New York and they are asking if I am ever arrested of an offence on their application sheets. I have explained the arrest on my previous posts. I find it disgraceful even to write it down here that I am arrested! Is there any way to clear the case completely and forever with the UK police?

Many thanks in advance.

[Amber]

It's up to you if you declare an arrest. However, if you do, you'll be Ineligible for the waiver programme and will have to go to the US embassy for a visa.

[LukeSkywalker]

it clearly says "arrested of an offence" I haven't offended anyone, it was a misunderstanding, someone had his bike stolen and I bought it from gumtree and used for about 4 months and found to be stolen when I was trying to sell it. Is it an offend? i think its different than each other?

[Amber]

It's up to you, the wording the US use is an offence within the meaning of moral turpitude.

[silverbird]

Hi,
I have been arrested while my application for discretionary leave is still pending (for domestic violence even though it was in self defence). However the case got dismissed, I wasn't charged or anything, no caution, no one pressed charges, and I have no criminal record.

I have recently read you have to report arrest and convictions to home office while your application is pending or risk prosecution under section 46 of the British Nationality Act 1981?

Is this true?

I was never charged it was just an arrest and I was released without charge the following day but will this be a problem as I didn't report it to home office?

Please help.
Thanks

[Amber]

No, if there is no further action it's not an issue.

[Anumfaran]

Hi

I am going to apply for Naturalisation in Sep this year...I was issued one PCN in April 2014 for driving in Bus Lane and got another PCN in Jun 2014 for parking. I paid both the Charges on time! Am I ok to apply for naturalisation, and should these be declared on the form?

THanks

[plat40]

HI,

I have obtained ILTR in May 2010 but due to recommendations for health reasons, I was forced to change careers and as a result, had to enter into voluntary bankruptcy. I was discharged automatically without restrictions after 12 months but when I applied for citizenship in 2014, it was refused as a result of the good character clause. There seems to be a number of different opinions as to whether it is essential to wait for 10 years after discharge or whether an explanation with relevant case law could possibly allow for earlier reapplication for citizenship. I am currently working full time and studying with a good credit history, no criminal convictions and my partner of 13 years have also obtained citizenship at the same time (not sure if that makes any difference)

Is there any advise or way to apply before the 10 year period has passed

Any advice would be appreciated

[Amber]

Depends on the reason for the bankruptcy.

[aqib.khan]

HI

I got ILR Jan-2014, couple of months back on the road I slapped someone after being slapped, police were called and because it was cross allegation we were sent to court, in court I pleaded not guilty and request to attend a hearing in September. but Me and other person withdrew our application and told court that we do not want to proceed. resulting in case being discontinued due to less evidence for prosecution.

Can you please advise if I can apply for naturalization next year and if I have to declare this situation to HO.

Thanks in Advance

[Amber]

Yes, and no need to declare.

[aqib.khan]

Thank you Amber for quick reply.

just to re-confirm, even though court was giving me unconditional Bail on each hearing, do I still your previous answer?

also what is a caution? as I was told by police on road that you do not have to say anything which may be taken as evidence ....

but I was never taken to police station and was given paper to attend court?

Regards

[jacki121]

Hi,


I want to apply for naturalization.

i am already on the electoral register in my address as i thought paying council tax gives you the right to vote!!! and council never asked for my passport to put me on register and i am not from common wealth countries.

will this cause any problem for my good character requirements?

thanks.

[Ind2]

Hi,


I want to apply for naturalization.

i am already on the electoral register in my address as i thought paying council tax gives you the right to vote!!! and council never asked for my passport to put me on register and i am not from common wealth countries.

will this cause any problem for my good character requirements?

thanks.

No, it should not cause any issues.

[hallamking]

I'm enquiring about the naturalisation application (AN) where one of the criteria under section 3 of good character is referring to NI contribution affairs in order.

"Among the duties and obligations which you are expected to fulfil is payment of income tax and National Insurance contributions. We may ask H.M. Revenue & Customs for confirmation that your tax and National Insurance affairs are in order. When you sign the application form you will be giving your consent for us to approach them"

My question is what if someone not working in the qualifying period of 12 months will that effect his/her naturalisation application as they would not be paying any national insurance contribution.

And what if they claiming JSA (contribution based) will that have any impact on his/her naturalisation application.

In my case I've been granted ILR on 16/05/2014 and made redundant on 01/07/2014 and claiming JSA (contribution based), since then I'm looking to return to work or go self-employed but not sure how long it can take to find the suitable opportunity. Don't know weather it would effect my naturalisation application in anyway.

If someone could please revert back to me will be highly appreciated.

Thanks

[Amber]

No, there is no requirement to be employed.

[hallamking]

No, there is no requirement to be employed.

Thanks for posting your reply Amber appreciate it. I know there is know requirement to be employed during the 12 months immediately prior to the application date. I had a confirmation of same from nationality policy team.

It is not a requirement for naturalisation that the applicant must have been employed during the 12 months immediately prior to the application date. The question to which you refer provides for the Home Office to make further enquiries where an applicant appears not to have paid all appropriate taxes on earned income, or claiming benefits to which they are not entitled.


Can I just also confirm if claiming JSA (contribution Based), as I'm entitle to claim on ILR and also based on my previous employment as I've paid enough class 1 NI and been told by job center plus that I can claim JSA (contribution Based) for maximum of 6 months as when it runs out and if still unemployed during that period then I'll be entitle to Income Support.

The main thing that concerns me is during that 12 months period if you haven't had much contribution towards your NI records and claiming JSA (contribution Based), Hence getting your NI paid back to you and further claiming Income support if you still unemployed for that period will that impact my naturalisation application in anyway.

So I really appreciate if someone can shed some light on this area.

Thanks

[skhoshroo]

Dear Amber and others,

A friend who I am helping has applied for naturalisation through NCS and his application has been received by UKBA on 13 Aug. He has an FPN for careless driving (3 points, £100) in April 2014. He included his driving licence counterpart and made mention of the FPN in a cover letter he included with his application. He has now realised that he was issued with another FPN during the same careless driving incident (for not displaying his tax disc, even though the tax was paid...incidentally from 1 Oct 2014 you no longer need to display the tax disc in any event). He has paid both FPN fines on time. The tax disc FPN was a non-endorsable offence and did not show up on his driving counterpart (which is why he forgot about it).

Obviously had he remembered the second FPN he would have waited 12 months from April 2014 before applying, but given his current circumstances, my questions are as follows:

1. Is it correct to assume the tax disc FPN (issued concurrently with the careless driving FPN) would be considered a second FPN? What would have been the correct process for applying with two FPNs (i.e. do they FPNs need to be declared and if so, how?) Just wanting to check that two FPNs qualify as "numerous" for purpose of the AN application. He has no driving (or other) offences prior to or since these two FPNs.

2. Given the current situation where the application has already been submitted, what would be the best course of action? Writing a letter to the UKBA explaining the situation to avoid a charge of deception (as I understand the cover letter originally submitted has stated that the careless driving FPN was his only FPN)?

Thank you to those who contribute to make this forum such a remarkable source of guidance!

[Amber]

I would worry about the FPN now, there is little that can be done. I'd expect success.

Claiming C-JSA us not an issue.