Good character based on immigration history

[Pillar]

Hi moderators/ members

I was granted ILR a year ago after 6 years DLR. This forum was a great help to me then.

For British Citizenship, I am aware that immigration history is taken into account for the good character requirement. I am a bit concern about this.

my immigration history:
Came to the UK in 2004 with parents as a visitor when I was under 18.
Applied for PR with my uncle and nan sponsoring me.
It was rejected and had the provision to appeal.
By this time my mum was granted right of abode. So didn't appeal and applied with a fresh application form based on my mum having right of abode. I was still under 18 that time.

This was taking so long and HO kept my file for 3 years with no response. Approved a solicitor and applied for DLR based on human rights on top of the application that was with the HO. DLR was granted in 2009.
During renewal my solicitor used the wrong form without my knowledge. This was rejected but was granted DLR IN 2013 as the mistake was from the solicitor and the right form was sent within 28 days of receiving the rejection letter due to the use of wrong form.

As you can see, it's quite complicated and not so clean even though it wasn't my fault on all occasions.
When I was under 18, my family made the decision to apply for me maybe approaching it incorrectly, and in 2012 my solicitor.

Just want some advise from the moderators and members who have/ had this sort of experience what's the best way to approach this and what chances are there for me to get naturalisation.

Thanks all in advance.

[ouflak1]

You weren't specific about when in 2009 you got your DLR, but I believe your chances for citizenship are very good in 2019 on the same respective date, assuming you've held ILR for atleast a year by that point. I'm assuming your are a non-EEA national? I ask because you mentioned PR, which is a bit different.

[Pillar]

You weren't specific about when in 2009 you got your DLR, but I believe your chances for citizenship are very good in 2019 on the same respective date, assuming you've held ILR for atleast a year by that point. I'm assuming your are a non-EEA national? I ask because you mentioned PR, which is a bit different.

Hi,
Thanks for your reply.
Yes correct, I'm a non EEA national.

I was granted DLR in October 2009.
I have been on ILR since June 2016. So it's been an Year now.

So I guess applying now will definitely be a risk ???
Thanks again.

[CR001]

So I guess applying now will definitely be a risk ???

Yes, because any period of overstay in the 10 years before applying for citizenship means you will fail the good character requirement and you will lose your fee.

[Pillar]

Hi,

Thank you.
I have a query on this.

Based on the guidance on good character requirements on immigration issues (Annex D chapter 18- 9.5-9.7)

I didnt enter the UK illegally, I applied for PR before visit visa ran out. This was rejected, but the a fresh application was made with in a month's time. Following a DLR application made on top of this application, (the case was still with HO and they didn't make a decision when I applied for DLR) I was successful in obtaining DLR.

So is this a case of evasion of immigration control. I have reported my presence in the U.K. since I entered the country and HO had the application all along.

Would this affect my BC application?

Any advice/opinions would be helpful.

Many thanks in advance.

[ouflak1]

but the a fresh application was made with in a month's time.

There is no grace period for citizenship applications, including time taken into account for the Good Character requirement. I believe there is even a case on the forum for somebody who was denied for being just one single day illegally present in the country. Reconsideration failed as well IIRC. All citizenship applications are at discretion, but the UK government doesn't seem to be applying much of it with regards to periods of continuous legal residence. Best to wait.

[Pillar]

Thank you.

This has put me in a confusion whether to apply now or wait till late 2019 for a clean 10 year period. I got my ILR from 6 years of DLR, not from 10 year long residency. But still, it seems as though I need 10 year clean record for good character

[CR001]

10 year long residence ILR or 6 year DLR ILR makes no difference and is completely separate to the citizenship requirement of having 10 years legal stay. They are different rules for ILR and BC.