Good Character - Citizenship - When can I apply

contorted_svy wrote: ↑

Mon Nov 13, 2023 9:56 pm

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

MuhammadM86 wrote: ↑

Mon Nov 13, 2023 9:34 pm

Dear all

My immigration history as below, will you kindly help me to understand when I can apply for citizenship taking into consideration the new release of the Good Character requirement's on the 31st of July 2023.

2010 - I arrive in the UK on student Visa
2012 - I get granted asylum valid to 2017
2016 - I get 20 months imprisonment sentence for fraud. 10 months in jail and 10 out on licence. Reason for the fraud was gambling.
2017 - I apply for ILR and get refused due to criminality and the Good Character requirements, my refugee status get renewed for a further 2 years. Valid until 2020.
2019 - I apply for EU settled status as my wife is EU citizen and got pre-settled status in 2020, reason not settled as the prison did break my residence in the UK.
2022 - I apply for EU Settled status again and it is granted.

Since 2017 upon my release from prison, I did treat my gambling addiction and I have proof of treatment. I did also change my character and set up businesses that employ more than 60 members of staff, basically I am on the right path right now.

When will I be able to apply for British Citizenship.

Thank you for your help in advance.

AmazonianX wrote: ↑

Mon Nov 13, 2023 10:00 pm

MuhammadM86 wrote: ↑

Mon Nov 13, 2023 9:34 pm

Dear all

My immigration history as below, will you kindly help me to understand when I can apply for citizenship taking into consideration the new release of the Good Character requirement's on the 31st of July 2023.

2010 - I arrive in the UK on student Visa
2012 - I get granted asylum valid to 2017
2016 - I get 20 months imprisonment sentence for fraud. 10 months in jail and 10 out on licence. Reason for the fraud was gambling.
2017 - I apply for ILR and get refused due to criminality and the Good Character requirements, my refugee status get renewed for a further 2 years. Valid until 2020.
2019 - I apply for EU settled status as my wife is EU citizen and got pre-settled status in 2020, reason not settled as the prison did break my residence in the UK.
2022 - I apply for EU Settled status again and it is granted.

Since 2017 upon my release from prison, I did treat my gambling addiction and I have proof of treatment. I did also change my character and set up businesses that employ more than 60 members of staff, basically I am on the right path right now.

When will I be able to apply for British Citizenship.

Thank you for your help in advance.

You do have an existing topic about this, stick to it.

AmazonianX wrote: ↑

Mon Nov 13, 2023 10:06 pm

Orderliness.

announcements/multiple-posts-will-be-lo ... t5722.html

MuhammadM86 wrote: ↑

Mon Nov 13, 2023 9:59 pm

contorted_svy wrote: ↑

Mon Nov 13, 2023 9:56 pm

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

Hi
Yes I have and the advice is to apply as the new requirement doesn't clarify my case, It says application will be refused for any criminal records above 12 months of imprisonment, hence my confusion. Does this mean that I can't apply anymore for British Citizenship? As per the old guidelines I could have done once 15 years have passed but my question is What now?

contorted_svy wrote: ↑

Tue Nov 14, 2023 6:39 pm

MuhammadM86 wrote: ↑

Mon Nov 13, 2023 9:59 pm

contorted_svy wrote: ↑

Mon Nov 13, 2023 9:56 pm

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

Hi
Yes I have and the advice is to apply as the new requirement doesn't clarify my case, It says application will be refused for any criminal records above 12 months of imprisonment, hence my confusion. Does this mean that I can't apply anymore for British Citizenship? As per the old guidelines I could have done once 15 years have passed but my question is What now?

As I said to you a few days ago, from my interpretation I don't think your application would be accepted under the new rules. If an immigration advisor says otherwise (making sure they see everything on there) then you get to pick which advice you follow. The HO has just changed heads anyway, so maybe if you wait a bit longer (you were going to have to wait 15 years under the old rules anyway) rules on good character could change again.

alterhase58 wrote: ↑

Tue Nov 14, 2023 7:16 pm

"Change of head" - you mean the new Home Secretary.
It will take ages before he will start working on "Good Character" regulations, in my view. They have lots to do.

alterhase58 wrote: ↑

Tue Nov 14, 2023 7:16 pm

"Change of head" - you mean the new Home Secretary.
It will take ages before he will start working on "Good Character" regulations, in my view. They have lots to do.

contorted_svy wrote: ↑

Tue Nov 14, 2023 7:14 pm

As I said before, from my interpretation of the current rule, your application would always be rejected. Rules have changed in different directions recently - there is a bit more leniency on overstaying than there was before. Ultimately it is your decision, you can read the guidance yourself and speak to a solicitor, I only gave you my reading.

Casa wrote: ↑

Tue Nov 14, 2023 10:07 pm

The following is an exert from the HO official guidance for Case Workers:
Exceptional or other circumstances
You must consider the relevance of particular circumstances in a person’s life when
they committed the offence(s).
Other mitigating factors
You must also consider whether the applicant has demonstrated genuine,
meaningful attempts to change their behaviour and comply with the law that may
indicate, on a balance of probabilities, they are now considered to be of good
character despite earlier offending. A long period of time with no offending will be a
more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of
good character. For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the
offending, such as (but not limited to) treatments aimed at reduction of alcohol
consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the
reduction of crime
The list of factors is indicative, not exhaustive:


https://assets.publishing.service.gov.u ... racter.pdf

Demonstrating the above may well be your best way forward.