British Citizenship – Good Character Requirement FAQs

[milan69]

If you overstayed for more than 28 days you might have to wait for 10 years.

http://www.immigrationboards.com/britis ... l#p1150919

[Amber]

I shall be updating this thread with the changes, I've been absent recently. Please be patent and I'll make the necessary corrections over the next week or two.

[vales]

I have husband visa and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU

[Amber]

FAQs now updated.

Vales, please see Q14A of the FAQs.

[ManB]

Hello all,

Thanks Amber for the update to the FAQs in light of recent changes to the good character requirements.

I have a further question on item 14A of the updated FAQs and would be grateful for feedback, views and comments: Please is there any clarity on how individuals affected by invalid applications are assessed in terms of overstaying?

To elaborate on my situation; I applied for PSW in 2008, unfortunately my application was returned as invalid because my application form was outdated. I subsequently re-applied for PSW which was rejected on grounds on not having leave to remain. I consulted a lawyer, who submitted an FLR O application which was also rejected. I immediately returned to my home country within the 28 days criteria. I returned to the UK a few years later on a spouse visa obtained abroad (issued with no difficulty) and now have ILR (granted in the UK, also with no issues).

Would I be considered as having overstayed during my PSW application under this new guidance?

I also understand that recent legal challenges have resulted in changes to how leave to remain is calculated if an application is returned/classified as invalid. Please does anyone know if this has been applied retrospectively - for example can the judgements be applied to cases previously rejected for invalid reasons (e.g. outdated forms, payment declined etc.)?

Many Thanks.

[Amber]

Your leave expired in 2008 and you were an overstayer. Therefore, waiting till at least 2018 would be the sensible option. Arguing about whether you were in fact an overtstayer due to a validity of application argument is unlikely to succeed. Nationality is granted at the discretion of the SoS.

[zee83]

Hi Everyone.

Any help/advice will be greatly appreciated. It is bit of a long story so please be patient with me.

I was in the UK on student visa, I applied for extension before its expiry but there was a problem with the payment at HO and my application was returned to me for re-submission. I decided not to re-apply and leave the country. My visa expired on 23/08 and I left the country on the 16/09. I was served with IS151a on the airport. I came back to UK on spouse visa and got ILR over a year ago.

Now i am eligible to apply for naturalization. I booked NCS to apply. At the appointment, I was advised that my application will not be successful as I was in breach of immigration law in 2010. I can apply after Nov 2016. ( I was issued with spouse visa in Nov 2011).

I am not satisfied with the advise as it clearly stated in Guidence for AN:

3. BREACH OF IMMIGRATION LAW
You should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. In other words, you must have had the necessary permission under the immigration laws to be in the UK. You may be refused if you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period. Any immigration offences will also be considered as part of the Good Character requirement.
If you came to the UK as an asylum seeker and/or as an illegal entrant (you entered the UK clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may be in breach of immigration laws during the residential qualifying period if you had exhausted all your appeal rights and had not left the country, even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave to remain during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions. Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period. Any immigration offences will also be considered as part of the Good Character requirement.
(Reference: Requirement AN booklet, Dec 2014, Page 6)

Has anyone else been in same situation?

Regards

[Amber]

The NCS are correct. Please read the FAQ at Q14A.

[sharmspriya123]

I was caught for shoplifting in Dec 2014 and now need to apply for a resident card. No police was called and I did not sign anything but my picture was taken on the high street camera just outside the store. I was told I would received a RPL wihich I did and paid this as well. I want to know:

Why was this picture taken and what is it used for?
Where does it get recorded?
Does it get recorded under DPA as the RPL letter states that this will be recorded for 6 years
Will this come under civil penalty or civil judgement as the form has this questions if you have any civil penalty or civil judgement
Will this affect my application to get a resident card and future application for British citizenship and do I need to declare it
If I apply for jobs where a CRB is required, would this show up on it

Please please respond as I am very worried

[Obie]

I am thinking of constructing an argument against the changes imposed by parliament.

What the Secretary of State has essentially done, is make Schedule 1 Paragraph 1(2)(d) of no effect.

That certainly could not have been the intention of parliament, and the Secretary cannot exercise its discretion in such a way, that it contravenes the intention and wishes of parliament.

Parliament intended that a person, should not have breached the Immigration rules in the 5 years leading to their application, simply issuing a guidance make that provision of no effect.

[Amber]

I believe the SoS would argue that the aforementioned paragraph in Schedule 1 is distinctive from that of Good Character. Schedule 1 in relation to residence and presence creates a period in which one cannot breach immigration rules during the qualifying residence period. Whereas, the Good Character Guide creates the discretion element where it should be presumed that an additional breach of immigration rules could infer that the applicant is not of Good Character.

Paragraph 3 of Schedule 1, further reduces this period during qualifying residence to 3 years for applications under section 6(2). The Good Character discretion is applied uniformly for all applicable applications, but for exceptional grants, whereas, qualifying residence periods are not. Although, there is still discretion to grant outside these guidelines as naturalisation is based on discretion. Therefore, the SoS would further argue, that the Schedules are merely guides for her to follow, it is at the end of the day, whether she believes you are fit and proper, a person who should be granted citizenship of the UK? Is she acting ultra vires, or merely exercising her discretion?

[Obie]

One will have to see what the court makes of it.

The normal rules is 5 years lawful residence, without any breach of immigration law. Parliament could not have perceived when the confer the discretion on the Secretary of State, that it will be used to make the other provisions useless.
The 3 years is for people married to British Citizens. That is the exception rather than the norm of the rule.

The refugee convention provides that people who break immigration rules, or entered with forged passport, in their attempt to flee from persecution, should not be penalised by national legislation, victims of trafficking, should equally not be penalised.

There is a degree of inflexibility about this test, that with not withstand test of time.

[jd786]

Hi guys I have a question I came to uk on suppose visa in 2004 and then I applied for ILR in 2006 and it was refused because I had a girlfriend and she wanted me to leave my wife and stay with her which I refused and she send a letter to home office that I was with my wife only for indefinite anyway my ILR was refused and I did appeal my wife was pregnant with our kid and we went to court and on first hearing we my wife explain everything to the judge but the other party solicitor mean home office solicitor said this appeal can't be guaranted because I did not complete 2 years to qualify for ILR it was not my fault because I was only given 24 months visa so the judge said to my solicitor write a letter to case worker and explain the situation and ask if they can gurante me the another 2 years visa if they say yeah then you can cancel that appeal we did write a letter to home office and was told they can't not tell us anything until the further application is made for FLR on next hearing we told judge and advised us to apply for FLR and he canceled that appeal my visa was expired that time and then I applied for FLR in next 3 days and the court decision to cancel the appeal also came in 3 days is that mean I was over stayed ? I was guranted the FLR and then I applied for ILR again and I was guranted the ILR as well I am still living with my partner and we have got 3 kids . I have applied for British nationality in June 2014 still didn't heard anything it has been
8 months what do you think ? Will they refuse my application ?

[zee83]

Thank you for your reply Amber.

The point I am trying to raise is that I made an in-time application for further Leave to remain, so my status would be legal, pending the outcome of the application, Would i not had been legally here during that time? As my application was being considered. Do you still not have 28days to leave the country in the law either? Even when my application was returned for re-submission, it still allows me time to re-submit it. Was that IS151a not lawful?

Regards
Zeehan

[noluck]

Hi guys,

Does anyone have any clue that whether caseworker requires information from Companies House/HMRC in regards to applicant. Consider nothing mentioned in AN application form.

Thanks.

[milan69]

Unlike police records HO does not regularly check HMRC records as far as I know.

[Concernedpax]

Hi,

I kindly seek advice on the recently updated UKBA Good Character requirement, as one of the key requirements for British citizenship. In particular the famous section 9.7b.

Background

I am a non-EEA married to a British national (8 years in Oct 2015), and with 2 kids who have British nationalities. I travelled to the UK in 2005, overstayed (due to misinformation and gross naivety on my part) and left voluntarily in 2007. I got married to my British spouse overseas in Oct 2007 and applied Nov 2007 to return to the UK via the EEA route but the application was not successful. This was subsequently successful in 2008 after an appeal. By this time, my circumstances had changed and I contacted the UK outpost to cancel the EEA permit/application. I and spouse (and kids) lived overseas (in a non-British territory) for 5 years (uptill 2012) and returned to the UK in Sept 2012. I have travelled toand fro the UK during the 5 years period on visit visas and kept to my leave dates. I applied for and was granted a Spouse visa ( KOL Req) in September 2012 and an ILR in Nov. 2012. As I will be fulfilling the minimum 3 years residential requirement sometime later this year, I wish to apply for naturalisation/citizenship but concerned that the above Good Character requirement will limit my chances of success.

I have read somewhere on this thread of someone else's experience at the NCS whose application was refused and told to apply after 5 years from period of overstay. In my opinion, there seem to be conflicting advise regarding the interpretation and application of the particular rule.

My questions:

1. Is any discretion allowed on the part of AO/EOs (Case workers) to review cases on individual basis?

2. From my case, If 10 years proposal must apply, will it be 10 years from the time of overstaying or10 years from when i departed the UK?

3, Could any provisions of the British Nationality Act 1981 help to strenghten my case ( section where it stipulated 5years as minimum period preceding application for which immigration rules must not have been breached)

[milan69]

2. I think it is from the date you departed UK.

[HowILR]

HI I am gonna apply m citizenship in next month. i am planing to go for debt mangement plan or IVA process as i have got too much debt and i paid min amt all the time now can't afford to pay so i need to settled down.

Does dmp or iva affect citizenship as per as i know HO doesn't do credit check and also i don't have any ccj.

If doesn't shall i gor for dmp or Iva after i apply ?

Does anyone know which one will affect dmp or IVA? Or both will be same?

Pls help??

[mongski]

hi I have been convicted of sexual assault to adult female, on sex offenders registration for 5 years all happen 10 years ago and been offence free since.. my wife and young daughter are british citizen... I have ILR visa. (have it for a while), and want to apply for british citizenship what are my chances to be approved.. pls help..

[milan69]

Have you been imprisoned and if so for how long?

[mongski]

No custodial sentence

[akhurshid]

hi I have been convicted of sexual assault to adult female, on sex offenders registration for 5 years all happen 10 years ago and been offence free since.. my wife and young daughter are british citizen... I have ILR visa. (have it for a while), and want to apply for british citizenship what are my chances to be approved.. pls help..

Sexual assault is considered serious but I don't see why your application would be refused since it was 10 years ago.
I would call HO first or discuss it with a lawyer before making an application. May be guru can shed some light on it?

[Amber]

You should be ok now insofar as you are no longer on the sexual offenders register, have no other convictions and meet all the other standard requirements.

[Amber]

Obie, I agree regarding the Asylum Seekers' on the FAQ I have included a small piece to address the matter.