Read the good character guidance
https://www.gov.uk/government/publicati ... compliance especially
Immigration breaches
An immigration breach is where a person has failed to comply with immigration requirements, for example:
failing to comply with conditions attached to a grant of permission to enter or stay in the UK
accessing public funds when prohibited from doing so
failing to report without reasonable excuse, when required to do so
assisting illegal immigration
working in the UK without permission to do so (illegal working)
hiring illegal workers
failing to comply with the requirements of the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016), as saved
Failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement.
Abuse of immigration requirements may also occur if a person enters or remains in the UK for a purpose other than that for which they were given leave to enter or remain. For example, where a person is found to be working full time in the UK having entered the UK as a Tier 4 student and having failed to undertake or complete the course of study for which the leave was given.
Discretion relating to children
When assessing a child’s good character, it will normally be appropriate to disregard immigration breaches if it is accepted this was outside of their control. For example, where a parent applied for the child to come to the UK as their dependant but failed to apply for an extension of leave when the child’s temporary leave expired, the child should not be penalised.
Lawful residence
An immigration breach relating to lawful residence includes:
overstaying
illegal entry
absconding
failing to comply with the requirements of the EEA Regulations 2016, as saved
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2) 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas territory citizen.
To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10- year period prior to the application where all of the following factors apply:
the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision
Therefore, applications where it remains appropriate to consider immigration breaches relating to lawful residence, alongside other good character factors, may include but are not limited to:
where historic information has come to light which, had it been known at the time of granting settlement, may have led to refusal
where something occurred after the grant of settlement to indicate revocation of that status may be appropriate
applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example working in breach of conditions, hiring illegal workers, or failure to observe reporting requirements) must still be considered.
See naturalisation as British citizen by discretion (page 51)
Overstaying
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:
the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied
the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider
For information on dealing with breaches of conditions see liability to administrative removal.
Your friend left more than 10 years ago, to be on the safe side he cold wait until Nov this year to apply and completed 10 years of lawful residence.
are there any other factors against his good character? in 2022, 2023 & 2024
1 Driving (WDU Course), 1 bus lane and 1 rail fine.
Are these FPNs? The first one is probably not as your friend took the course. The rail fine may have been issued by the company, not be a FPN, you need to check the paperwork. As I highlighted above because your friend has overstayed in the past, this could count against him for good character so it is important I think to understand the nature of these fines. I am probably being extra cautious in my assessment, your friend may want to consult a solicitor.
All advice comes from personal research and experience and should not be regarded as professional opinion.
