Nationality application Good character area

[jehan]

hay i am new to this forum kindle some one can reply me about my nationality application history as und
will new rule will effect me for good character. entered in UK 1999 illegal but start living BC 2003,applied for flro on based partner of BC AND daughter in 2005 HO did not decid for 5 years. In 2010 gave me DL FOR 3 YEARS on my same application which i applied in 2005 fior leave to remain, then in 2013 extension given straight away. In 2016 got ILR AND NOW APPLIED FOR NATIONALITY CAN SOME ONE EXPERT ADIVICE ME FOR GOOD CHARACTER PART OF APPLICATION THANKS

[imnewhere]

Just to clarify 'In 2016 got ILR AND NOW APPLIED FOR NATIONALITY CAN SOME ONE EXPERT ADIVICE ME FOR GOOD CHARACTER PART OF APPLICATION THANKS'

Are you stating you were granted ILR in 2016?

[CR001]

Yes, you will come under the new tougher good character rules.

Did you claim asylum or were your just living illegally?

Are you married?

Possible that your application will be refused.

[jehan]

again jehan my question above was HO DID NOT DEICED FOR 5 YEARS SO WHEN MY 10 YEARS START FROM GOOD CHARACTER 10 YEARS FROM DATE OF APPLICATION? FROM 2005 WHEN I CAME ATTENTION TO HO OR WHEN LEAVE WAS GRANTED IN 2010?BECAUSE HO DID DELAY TO DEICED MY CASE. I SAW SO MANY PEOPLE BEEN GRANTED DL WITH IN 1 YEAR OF THEIR APPLICATIONS BUT IN MY CASE THEY SITE ON AND DIDN'T DEICED KEPT PENDING FOR MORE THEN 5 YEARS,IN THIS PERIOD I HAVE BEEN WRITING AND PUSHING THEM TO DEICED MY APPLICATION WHEN TO MP DID USED MOST OF FORUM BUT THEY DID NOT WRITE ME ANY THING,

[CR001]

Can you please not write in CAPITAL letters, it is considered shouting and is difficult to read.

You need to answer the questions you have been asked.

[jehan]

YES I AM MARRIED TO BRITISH CITIZEN I HAVE 3 BRITISH KIDS 9 11 13 AGES LIVING WITH ME

[CR001]

Can you please NOT write in CAPITAL letters, it is considered shouting and is difficult to read.

Married how? Through the Registry office, Islamic wedding, Hindu wedding???

[jehan]

Sorry i will not write in capital i saw you sms and apologies for that i didnot claim any asylum in this country

[jehan]

I registered my marriage now in April at registrar office waltham forest 04/04/2016 then i applied nationality as married to BC AN6(2)

[jehan]

I saw nationality guidance for good character for married to BC and normal applications as
for normal application AN6(1)
you’re of good character, eg you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 year
And for married to BC are
you’re of good character, eg you don’t have a serious or recent criminal record,

[CR001]

The new good character requirement in all aspects, applies to all citizenship applications.

http://www.immigrationboards.com/britis ... 05532.html

https://www.gov.uk/government/uploads/s ... _D_v02.pdf

[jehan]

I I reported to HO in 2005 when applied FLRO so my time start from 2005 if they did not decided in time so should not effects me because i am more then 10 years on their record so i didnot done which goes against me last 10 years and i have been comlying their law more then 10 years

[jehan]

I answered you question please can you reply me thanks

[jehan]

My point was that from 2005 when i applied for FLRO from that date to 2010 when they grant me discretionary leave my stay was not deliberate and substantial because i was living with my family(spouse BC AND Baby girl British ) and how i can leave them on their own when HO has my pending application also they have original passport and documents of my partner,which many times we requested to send us back my partner needed for job and other things in mean time to more siblings born and we applied passport for them and passport agency wrote that they need my partner passport original to issue passports for 2 children then we wrote them that passport is with HO ,you can obtained from them then they realized that we need our documents then one first place they issued kids passport then decided my case. During that period we all been suffering from HO delay on my application how they can say somebody that he was not complying with immigration law ,it was their duty to decide my case in timely manner not after 5 years delay. please can you advised me that from that written above how strong i have arrguments on this GOOD CHARACTER PLEASE send me your comments on these above i am waiting for that thanks again to giving time to us .

[jehan]

will someone look at my previous post and comet on that ,waiting for

[CR001]

If you have already applied, you will just have to wait for the outcome. Nothing you can do now after applying.

[vinny]

Chapter 18: naturalisation at discretion > Annex B: residence requirements > 8.11 doesn't look good.

[jehan]

Nationality at discretion chapter 18 annex b 8.11
We should not normally exercise discretion to disregard a breach
(i.e. a period of unlawful residence) in any other circumstances, and
particularly not when the breach was both substantial and
deliberate.
Therefore, discretion should not normally be exercised for:
- 25-
 unlawful residence after the person tried to regularise their stay
(except where the unlawful residence falls to be discounted
under paragraph 8.10 ); but 8.10
a person who entered the United Kingdom clandestinely presented
himself without delay to the immigration authorities following arrival
or was detected by the immigration authorities shortly after arrival.
In either case, the maximum period involved should normally be 1
month but, if there are extenuating circumstances, it may be
longer. In these cases we can waive the breach that occurred from
entry until the person’s first application for leave/asylum has been
finally determined, provided the application resulted in a grant of
refugee status or other leave; or
according to this my first application leave to remain granted after 5 years delay so i believe i fall in 8.10 as well period can be longer as above said so please can you comet on this thanks
Also my period from Feb 2005 to 2010 was not just because of me its was because of HO delay grant me leave after 5 years there are many cases like me HO granted in 1 to 2 years discretionary leave to them so if that was not counted legally so should not counted as illegaly as well as my opinion in my case it is arguable or not please help on this thaks once again for reply

[jehan]

Also chaper 18 annex B 8.13 says
Additionally, we should not normally exercise discretion where, during
the qualifying period, there is a breach of immigration law in any
other way beyond unlawful residence (e.g. if there is evidence of
working in breach of conditions, or failure to observe reporting
requirements). Where the residence requirement is met (with or
without the exercise of discretion) it is then a separate test whether
the person meets the good character requirement and a history of
non-compliance with immigration requirements is a factor to be
weighed in that decision. .

[jehan]

Hay again would like to ask a question about Good character area that about illegal entry what is the meaning of to can attention to the home office ? when some apply any leave or asylum or when HO gave anyleave to that person. I read Amber"s Good character definition so please can you assist me here thanks waiting for reply i am asking because of this

9.5 Illegal Entry
In circumstances where an applicant entered the UK illegally, an application for
citizenship should normally be refused for a period of 10 years from the date of entry, if
it is known. If it is not known, the period of 10 years starts from the date on which the
person first brought themselves to or came to the attention of the Home Office