British Citizenship – Good Character Requirement FAQs

[olax985]

HI PEOPLE,

AM NEW ON THE FORUM BUT COULD DO WITH ADVICE ON WEATHER TO APPLY FOR MY BRITISH NATURALIZATION OR NOT. BASICALLY I HAVE BEEN IN UK SINCE 2001 AND GOT MY PERMANENT RESIDENCE IN 2005. HOWEVER, IN 2007 I WAS NAUGHTY WITH THE LAW (DRIVING OFFENCE-NO INSURANCE) AND MANAGE TO GET A FINE AND 6POINT. I HAVE A BRUSH WITH THE LAW IN 2010 AGAIN(GOT A 12MONTH CONDITIONAL DISCHARGED FOR 'THEFT'- WAS ACTUALLY THEFT BY FINDING BUT SAYS THEFT ON RECORDS) ALL THIS CONVICTION HAVE NOW BEEN SPENT AND I AM DUE TO APPLY NOW. HOWEVER I WAS READING THE GUIDANCE YESTERDAY AND IT CLEARLY STATES THAT ALL CONVICTION WILL HAVE TO BE DECLARED NOW AND PREVIOUS CONVICTIONS ('GOOD CHARACTER') CAN BE TAKEN INTO ACCOUNT WHEN APPLYING AND THERE IS A CHANCE OF IT BEEN DECLINED. MY WORRY NOW IS SHOULD I APPLY AND HAVE FAITH IT WILL BE ACCEPTED OR WAIT LONGER. I AM A BIT CONFUSED ON WHAT TO DO. ANY ADVICE IN THE HOUSE WILL BE APPRECIATED.

PS: I DID APPLY IN 2007 AND WAS DECLINED ON THE REASON OF 'GOOD CHARACTER'. THIS WAS DUE TO MY DRIVING CONDITION AT THE TIME.

[olax985]

HI PEOPLE,

AM NEW ON THE FORUM BUT COULD DO WITH ADVICE ON WEATHER TO APPLY FOR MY BRITISH NATURALIZATION OR NOT. BASICALLY I HAVE BEEN IN UK SINCE 2001 AND GOT MY PERMANENT RESIDENCE IN 2005. HOWEVER, IN 2007 I WAS NAUGHTY WITH THE LAW (DRIVING OFFENCE-NO INSURANCE) AND MANAGE TO GET A FINE AND 6POINT. I HAVE A BRUSH WITH THE LAW IN 2010 AGAIN(GOT A 12MONTH CONDITIONAL DISCHARGED FOR 'THEFT'- WAS ACTUALLY THEFT BY FINDING BUT SAYS THEFT ON RECORDS) ALL THIS CONVICTION HAVE NOW BEEN SPENT AND I AM DUE TO APPLY NOW. HOWEVER I WAS READING THE GUIDANCE YESTERDAY AND IT CLEARLY STATES THAT ALL CONVICTION WILL HAVE TO BE DECLARED NOW AND PREVIOUS CONVICTIONS ('GOOD CHARACTER') CAN BE TAKEN INTO ACCOUNT WHEN APPLYING AND THERE IS A CHANCE OF IT BEEN DECLINED. MY WORRY NOW IS SHOULD I APPLY AND HAVE FAITH IT WILL BE ACCEPTED OR WAIT LONGER. I AM A BIT CONFUSED ON WHAT TO DO. ANY ADVICE IN THE HOUSE WILL BE APPRECIATED.

PS: I DID APPLY IN 2007 AND WAS DECLINED ON THE REASON OF 'GOOD CHARACTER'. THIS WAS DUE TO MY DRIVING CONDITION AT THE TIME.

[olax985]

HI PEOPLE,

Am new on the Forum but could do with advice on whether I should apply for my British Naturalization or Not. Basically, I have been in the UK since 2001 and got my ILR in 2005. However, I had a brush with the law in 2007(Driving without insurance-6 point and a fine) and a conviction for theft in 2007 (12 month Conditional Discharge). All this conviction have now been spent. Although when I was reading the guidance, it states all previously convictions will have to be declared under the new immigration rules and it is up to to decision maker to decide if the applicant 'Good Character' can be put into question. My worry is, is there a chance for the decision maker to decline my application? Should I wait longer before I apply?

I am a bit confused and any advice on this forum will be much appreciated.

Thank You

PS: I DID APPLY IN 2007 AND WAS DECLINED ON THE REASON OF 'GOOD CHARACTER'. THIS WAS DUE TO MY DRIVING CONDITION AT THE TIME.

[Amber]

Please do not post in uppercase/capitals. It's very difficult to read!

You should be fine to apply following 3 years when the conviction was 'discharged', declare all convictions.

[olax985]

Please do not post in uppercase/capitals. It's very difficult to read!

You should be fine to apply following 3 years when the conviction was 'discharged', declare all convictions.

Hiya Amber,

Thanks for your swift response and excuse my poor manners for typing in capital letters.

Ta

[sophiafar]

Hello,
I have read nearly all of the 38 pages but cannot find an answer to a problem regarding the good character requirement.
My sister and I are applying for citizenship by descent as our mother is British, our father an EU national and we were born before 1983 in France.
I do not live in the UK and I was made redundant after 26 years working in a bank. My non UK husband now looks after me as I am a full-time housewife and therefore do not know what to write in my employer information request. I do not have a NI number as I have never lived in the UK but only visit family.
My sister lives in London and works for a foreign Consulate. Because of international agreements she does not pay UK income taxes but only local ones (council tax, tv license etc.) as her pay is taxed in her employer's country. Will this situation work against her?
Thank you for any advice offered for our two cases.
Regards,

[Amber]

Housewife or homemaker is fine.

[sophiafar]

Housewife or homemaker is fine.

Dear Amber,
thank you very much for your prompt reply. I will therefore complete form UKM leaving the NI number blank and writing only "housewife" in the work section.
Can you please shed some light for my sister's situation, which is more complex?
Thanks again.
Regards,

[Amber]

If she's not committing an offence, no it won't.

[sophiafar]

If she's not committing an offence, no it won't.

Dear Amber,
thanks again for being so helpful.
My sister is not committing an offence because according to certain EEC regulations:

The transitional rule allows Regulation (EEC) No 1408/71 to continue to apply to a person in cases where Regulation (EEC) No 883/04 would mean that they would be subject to another Member State’s social
insurance. Please note that this rule only applies to employees employed before 1 May 2010 and only as long as the relevant circumstances remain unchanged, but no longer than 10 years. For 2010, those who are subject to one country’s social insurance but should be subject to another country’s social insurance under Regulation (EEC) No 883/04 can choose to remain subject to the social insurance indicated by Regulation (EEC) No 1408/71.

but, I believe it is clear that she does not comply according to section 3 of UKM guide:

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.

Will the Secretary of State not consider her to be of good character because of this?
Thank you.
Regards,

[Leonardo]

Hello

In August 2003, I was caught with class A drugs and they charged me with intent to supply for the sake that it was above the personal use. I got sentenced to 2 years but I only served 8 month and 4 month of home detention.

Some people tell me that because my crime was committed before they changed the good character time spent needed from 10 years to 15 years, the new law does not apply to me and I should be considered a good character. Is that right or now?

I have a residency, but I have been living here since I was 18 and now almost 31, it is a huge chunk of my life, and I feel much more part of the English culture and country thn my birth country. I can live, travel, work here but, by having the passport, would make me very proud to be British.

It is just frustrating that I will have to wait until 2020 to apply for British Citizenship, due to a crime that happened in 2003. 15 years + 2 years sentence.... or 8 in prison + 4 home detention (12month)?

I am also married to an English person for over 5 years and we have been together for 10.

[Amber]

Sophia, don't worry, employment isn't even a requirement.

[Amber]

Leonardo, your application will normally be refused unless 15 years have passed since the end of the sentence.

The “end of the sentence” means the entire sentence imposed, not just the time the person spent in prison. For example, a person sentenced to 2 years‟ imprisonment on 1/8/2003 will normally be refused citizenship until 1/8/2020 – the 15 year bar‟ added to the 2 year sentence.

[yogeshbro]

Hi Amber and all,

Hope you guys could help on the below:

Section 3.1,3.2,3.3,3.4,3.5

I have been unemployed since Nov 2013 and I got my P45 detailing out my gross pay, taxes and NI paid when I left. In this sections it asks my occupation, my status, employer, its address, tax reference etc. I don't know what should I do here.

However, I was and am currently a director of my limited company which was incorporated in 2011. This has been dormant since its incorporation as there has been no trading. I can do a self assessment for the tax year 13/14 as I was a director but it will only have earnings from my employment to Nov13 as mentioned above reflected in my P45. Is there any kind of requirement of doing this or can I just show my P45 and state that I am unemployed currently. I don't see any boxes to tick for unemployed in these sections.

Section 2.2

I had to apply for a new passport in Sept 12 just before my ILR application in OCT 12 as my previous passport got lost/stolen. I provided a letter from my employers covering the period May 2007 to Sept 12 confirming my absence for my ILR application in Oct12. Now that I am applying for naturalisation in Sep14, I think I need to confirm my residency from Sep 2009 to Sep 2014 for naturalisation purpose. Can your please confirm? Also, can I use the same employer letter which I provided for my ILR application dated Oct 12 signed and stamped by the company which will confirm my residency from Sep 09- Sep 12. For the period Oct 12- Sept 14 I have my new passport with all ins and outs stamps. Kindly advise.

During the last 5 years (from Sept 14) I have not been away for more than 100 days too and each trip was less than 30 days and not more than 90 days in a single year.

I really appreciate all your help and thanks again in advance.

[versace2014]

Good day,

Please I recently had a simple police caution and due to this reason I am having problem about my long stay SET LR which I urgently need advice about, your urgent response would be highly appreciated, below is my story

I came in to UK July 2014 as a student and since I have been renewing my visa which eventually lead to a spouse Visa after I got marriage to an EEA national. Its now 10yrs now since I have been leaving here in UK, the spouse visa I have got runs out Aug2015, I want to apply for a long stay in the UK because I have had a time without right in the country.

This issue about out of court disposal been recorded on criminal record is an issue I need clarification about, how does this affect me now if I make this application, I am really sorry that this is not a naturalization issue but I felt I like the way you dealt with all the other issues quite cleared by you, can you pls put me through or explain better what effect a police simple caution have on my long stay SET LR application? and if its not the best root for me at the moment what other options have I got since I mentioned earlier that my currently right is a member of the EEA national (5yrs) which runs out in Aug2014.

How long would I have to wait to apply for ILR or permanent residency on EEA if the paragraph 322 (1C) actually have an effect on my application, I am in confusion at the moment and I would urgently appreciate your honest advice about my situation.

[versace2014]

Sorry my current right which is a member of the EEA runs out Aug2015 just to correct my mistake. Also I am hoping to apply for long stay SET LR because of what I am going through in my marriage, so I though since I am qualified under the long stay that I might just apply through this process but the issue of police caution is disturbing seriously which I require a clarification about the effect of it on the 10yrs long stay application, the caution was given in Aug2014.

[Amber]

This isn't regarding citizenship so shouldn't be here. A police caution that is recorded on your criminal record will be a general grounds for refusal for 24 months for ILR.

[altango11]

HI all

[sunderland2011]

Hello Amber et al

I would be applying for British citizenship in a fortnight. However, I received 2 Penalty Charge Notices last month for driving in a bus lane (it was the same bus lane for both offences). I just started driving 3 months ago and was yet to know what routes in the area where designated bus lanes, hence, my satnav took me through the aforementioned bus lane. I have since paid off the £60 and £30 charge respectively.

Do I need to declare these Penalty Charge Notices? It does say PCN on the letter I received, and not a FPN.

Thanks.

[sunderland2011]

[quote] Hello Amber et al

I would be applying for British citizenship in a fortnight. However, I received 2 Penalty Charge Notices last month for driving in a bus lane (it was the same bus lane for both offences). I just started driving 3 months ago and was yet to know what routes in the area where designated bus lanes, hence, my satnav took me through the aforementioned bus lane. I have since paid off the £60 and £30 charge respectively.

Do I need to declare these Penalty Charge Notices? It does say PCN on the letter I received, and not a FPN.

Thanks. [/quote]

Anyone?!

[Erick 1]

Hi All

Found this case and judgement about Conditional Discharge and what the outcome was. It make very interesting reading for people who've had a conditional discharge. Hope this helps someone

https://tribunalsdecisions.service.gov. ... 4-ukut-314

[michael76]

Hello, please I need an advice urgently. I am applying for my UK naturalisation on 15th of this month October through NCS, but I am very worried. In April 2013 my Wife called police on me out of anger, was taken to police station, accused of carrying a stolen phone which I knew was a lie because the phone was bought new in Germany. After few days I received a letter from the station that my case has been NFA'd no further action and should come to station for my phone which I did and phone was given to me. I only signed for the phone.
Please
1.Can my application be refused because of this?
2. Should I declare it in the application form?
Thank you.

[AlexAlexAlex]

Hi All Seniors,

I am about to apply for my citizenship, could you please let me know how would i know if i have a Caution or not, could i ask FOI from met police. Also if i have a Caution that did happend lets say 2 years ago could i apply for my citizenship or do i need to wait till 3 years passes by. In the guide says:

We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs would not be disregarded. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone would not be disregarded either.

Thakns for all your help,

Alex

[kaboo]

Hi, everyone. I am in the process of getting all the paperwork ready for my naturalisation application and I need your advice on the "Good Character" part. March this year (if I remember right) I've had an issue with my neighbor. She called the police on me even though I did nothing against the law. Next day a policeman came to my door, asked me about the incident, I've explained that it was a minor issue and that according to the current legislation I did not break any law which he agreed upon. He took my details however. Next day I've called my local police, asked them if I have any charges or notices etc brought against me. They said nothing criminal, just a report of what happened. I've not received any correspondence from the police since. Hence the question: should I state this in my application at all? Also, d'you think it would be worth to order a check in the Police National Computer database and my local police as well?

Thanks in advance.

[AlexAlexAlex]

Hi All Seniors,

I am about to apply for my citizenship, could you please let me know how would i know if i have a Caution or not, could i ask FOI from met police. Also if i have a Caution that did happend lets say 2 years ago could i apply for my citizenship or do i need to wait till 3 years passes by. In the guide says:

We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. Offences involving dishonesty (e.g. theft), violence or sexual offences or drugs would not be disregarded. Drink-driving offences, driving while uninsured or disqualified or driving whilst using a mobile phone would not be disregarded either.

Thakns for all your help,

Alex

Could someone please get back to me with above quiry, Thanks