British Citizenship Application Refused- Good Character not met- Belfast

[techman2020]

Hi there,

I reside in Belfast (Northern Ireland, UK), I recently applied to Naturalise as a British citizen online from Belfast on 8/12/2019, enrolled my biometrics on the 16/12/2019, I received a refusal letter on the 6/2/2020 dated 29/01/2020 on the grounds that previous conviction (9 weeks YOI on the 28/07/2012) is not yet spent and I need to wait for 10 years for a 0-6 months custodial sentence to be spent. "YOU WERE CONVICTED FOR DRINKING AND DRIVING WHILST DISQUALIFIED on 28th July 2012 AT SOUTH EAST LONDON MAGISTRATE AND SENTENCED TO 9 WEEKS YOUTH OFFENDERS INSTITUTION. HAVING CONSIDERED YOUR CONVICTION AND IN THE ABSENCE OF ANY EXCEPTIONAL CIRCUMSTANCES TO MITIGATE IN YOUR FAVOUR, WE ARE NOT SATISFIED THAT THE GOOD CHARACTER REQUIREMENT IS MET. YOUR APPLICATION IS THEREFORE REFUSED."

I applied on the 8/12/2019 which was 7 years and 2 months after the end of my 28/07/2012 sentence including the buffer period.

According to the UKBA Guide AN Naturalisation Booklet (2019, p.20) it states that “We will consider the applications against the factors listed in the Good Character guidance”, the Good Character guidance (2019, p.12) further explains that applicants from Northern Ireland with 0 - 6 months custody will have their criminality spent within “7 years from the date of the conviction in respect of which the sentence was imposed“ and they do not need to disclose such convictions “The only exception is where the applicant is resident in Northern Ireland, in which case the applicant is only required to disclose unspent convictions as defined in the Rehabilitation of Offenders (Northern Ireland) Order 1978 (see Rehabilitation Periods on p.52)”

With the 7 years buffer period, all my convictions were spent under the Rehabilitation of Offenders (Northern Ireland) Order 1978 in which I still disclosed all my convictions in my application for transparency.

I made references to the Rehabilitation of Offenders (Northern Ireland) Order 1978 (see Rehabilitation p.52) in my application as stated in the guidance but unfortunately i was still refused (which i don't understand i why).

I sent and email to Furthernationalityenquiries@homeoffice.gov.uk and NationalitySupportTeamFMT@homeoffice.gov.uk on the 4/2/2020 and I got a reply on the 5/2/2020 in which I was only advised to wait for a reply via the post within 21 days and i got the refusal letter today 6/2/2020.

Questions
1. Can I appeal this refusal?
2. Should I have been refused? or did I not understand the policy and guidelines or was I wrong for applying?
3. What could I have done better?
4. Was the Rehabilitation of Offenders (Northern Ireland) Order 1978 (see Rehabilitation Periods on p.52) disregarded?


References
UKBA, 2019, Guide AN Naturalisation Booklet -
https://assets.publishing.service.gov.u ... ooklet.pdf

UKBA, 2019, version 1, Nationality Good Character requirement,
https://assets.publishing.service.gov.u ... idance.pdf

UKBA, 2019, Naturalisation as a British citizen by discretion, version 3
https://assets.publishing.service.gov.u ... 3.0ext.pdf

[secret.simon]

At the outset, I would like to compliment you on the layout of your initial post. From the use of footnotes, I am inclined to think that you have done a course of higher education in the UK in the recent past.

CONVICTED FOR DRINKING AND DRIVING WHILST DISQUALIFIED on 28th July 2012 AT SOUTH EAST LONDON MAGISTRATE

While you may be currently resident in Northern Ireland, the original offence took place in England and you were sentenced under English law. I am not sure whether the Northern Ireland Order would be able to make a conviction under English law spent.

You mentioned that you are now resident in Northern Ireland. I am not sure what the definition of a "resident of Northern Ireland" is, but it likely requires more than mere presence. For instance, "people of Northern Ireland" is defined as those born in Northern Ireland to at least one British, Irish or settled parent (see Annex 2 of the Good Friday Agreement, almost right at the end of the PDF), which is not what you would expect it to mean. Similarly, for electoral purposes, a person who wishes to register in Northern Ireland needs to have been resident there for at least three months before getting registered as a voter (See Section 4(2) of the Representation of the People Act 1983).

How long have you been resident in Northern Ireland? Did you attach any proof that you were resident in Northern Ireland for a period of time?

[techman2020]

Hi secret.simon,

Thank you for the response.

I moved to Belfast in October 2019. At the time of my application, I had been a resident for 2 months. Prior to my application, I called the UKVI advice/support team if there was a time frame I needed to live in Belfast to be classed as a NI resident in which I was advised that there was no time frame as long as in have been in the UK for 5 years.

I am registered on the electoral register in Northern Ireland and I also included my electoral ID in my application. All my bills and proof of address(es) I used for my application are from my address in Northern Ireland.

Regards,

[secret.simon]

I called the UKVI advice/support team if there was a time frame I needed to live in Belfast to be classed as a NI resident in which I was advised that there was no time frame as long as in have been in the UK for 5 years.

The UKV&I helpline is a third-party outsourced helpline and I doubt that they would have the expertise to be able to advise you on your very niche situation. In any case, they are sometimes known to give different responses to the same query on successive calls.

As I mentioned above, I am not sure if a Northern Ireland order would cause an sentence given by an English judge to be spent, especially given that you were resident for only two months at the time of your application.

Again, given the niche nature of your circumstance, you may want to consider legal advice before proceeding further.

[techman2020]

Hi secret.simon,

Thank you for your time and guidance, I am now seeking legal advice.

Many thanks