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Naturalisation: Good Character Reqirements

Posted: Sat May 12, 2018 1:24 pm
by skhan18
Hi I would like to inquiry regarding Naturalisation application good character requirements. I read out this forum few times. I came uk in May 2007 as a student and till March 2013 was PSW visa. Then I applied in time application for business entrepreneurs visa which was refused and I appealed. The appeal was exhausted in February 2015. After exhausting the appeal(according to old rules) within 28 days,I applied Tier 2 and tier 2 approved. In April 2017 ILR was granted long residence route in same day service. I haven't breach the immigration rules past 10 years or more.

Now I am worried after reading some articles from immigration boards regarding naturalisation is being rejected for being not good character. I have no convictions at all, no debts. just only I applied fresh application within 28 days (February 20/2105-March 10/2015= 20 days).

I just applied naturalisation application through NCS End of April 2018.

Does 28 days grace period count as overstayer that can lead my application rejection ?

Anyone success who was same situation like me....please I am stressing out a bit.

Re: Naturalisation: Good Character Reqirements

Posted: Sat May 12, 2018 2:09 pm
by Hstepper07
From my understanding, your in time application and appeal were covered under section 3c. The 28 day rule was abolished in 2016 after your subsequent application was made in 2015, which was successfully approved. 28 day rule has now been reduced to 14 days. I think it will not be an issue in your case. Lets hear from the experts.

Re: Naturalisation: Good Character Reqirements

Posted: Sat May 12, 2018 9:04 pm
by ouflak1
Hstepper07 wrote:
Sat May 12, 2018 2:09 pm
From my understanding, your in time application and appeal were covered under section 3c. The 28 day rule was abolished in 2016 after your subsequent application was made in 2015, which was successfully approved. 28 day rule has now been reduced to 14 days. I think it will not be an issue in your case. Lets hear from the experts.
The rules for acquiring ILR are different from those for acquiring citizenship and they are even decided by different departments respectively. There is no 'grace' period for citizenship. Even one day of illegal stay fails/invokes the Good Character requirement. I believe there is even an example of that on the forum somewhere....

The only thing I'm wondering in this scenario is if the judge ruled that the stay was not 'illegal' (and thus did not even need to depend upon 3C as a side point). Thus allowing the period of overstay to be disregarded. Something similar has happened with a very particular subset of Asylum cases. Could be an interesting case.

Re: Naturalisation: Good Character Reqirements

Posted: Sat May 12, 2018 9:42 pm
by Hassan7861
ouflak1 wrote:
Sat May 12, 2018 9:04 pm
Hstepper07 wrote:
Sat May 12, 2018 2:09 pm
From my understanding, your in time application and appeal were covered under section 3c. The 28 day rule was abolished in 2016 after your subsequent application was made in 2015, which was successfully approved. 28 day rule has now been reduced to 14 days. I think it will not be an issue in your case. Lets hear from the experts.
The rules for acquiring ILR are different from those for acquiring citizenship and they are even decided by different departments respectively. There is no 'grace' period for citizenship. Even one day of illegal stay fails/invokes the Good Character requirement. I believe there is even an example of that on the forum somewhere....

The only thing I'm wondering in this scenario is if the judge ruled that the stay was not 'illegal' (and thus did not even need to depend upon 3C as a side point). Thus allowing the period of overstay to be disregarded. Something similar has happened with a very particular subset of Asylum cases. Could be an interesting case.
Ouflak1 how can u say that BC rules are different then ILR . BC rules are strict but not entirely different for example if u look at the discreation policy of BC is exactly the same as ILR

Re: Naturalisation: Good Character Reqirements

Posted: Sun May 13, 2018 1:34 am
by skhan18
Thanks for your reply guys...

It seems HO is most likely going to refuse my application on basis of Good Character, Even though I have not any offence.

That means I would not able reapply within next 10 years or more than that ...Its really stressing..and unfairness.

Re: Naturalisation: Good Character Reqirements

Posted: Sun May 13, 2018 2:20 am
by vinny

Re: Naturalisation: Good Character Reqirements

Posted: Sun May 13, 2018 4:00 am
by Hassan7861
skhan18 wrote:
Sat May 12, 2018 1:24 pm
Hi I would like to inquiry regarding Naturalisation application good character requirements. I read out this forum few times. I came uk in May 2007 as a student and till March 2013 was PSW visa. Then I applied in time application for business entrepreneurs visa which was refused and I appealed. The appeal was exhausted in February 2015. After exhausting the appeal(according to old rules) within 28 days,I applied Tier 2 and tier 2 approved. In April 2017 ILR was granted long residence route in same day service. I haven't breach the immigration rules past 10 years or more.

Now I am worried after reading some articles from immigration boards regarding naturalisation is being rejected for being not good character. I have no convictions at all, no debts. just only I applied fresh application within 28 days (February 20/2105-March 10/2015= 20 days).

I just applied naturalisation application through NCS End of April 2018.

Does 28 days grace period count as overstayer that can lead my application rejection ?

Anyone success who was same situation like me....please I am stressing out a bit.
U have no conviction no immigration breaches they why would home office refuse your BC. If u had any immigration breaches they would had refused ur ILR long residency. Im sure ur BC application will be sucessful.

Re: Naturalisation: Good Character Reqirements

Posted: Tue Sep 04, 2018 8:56 pm
by SAAJ786
skhan18 wrote:
Sun May 13, 2018 1:34 am
Thanks for your reply guys...

It seems HO is most likely going to refuse my application on basis of Good Character, Even though I have not any offence.

That means I would not able reapply within next 10 years or more than that ...Its really stressing..and unfairness.
Hello mate,

Any update on your application?

Thanks

Re: Naturalisation: Good Character Reqirements

Posted: Thu Jan 24, 2019 2:37 am
by skhan18
Hi anyone have facing similar situation like me for naturalisation application or just only me....

I have not get any update from home office and its already 9 months over. I sent couple of emails to home office and both times they replied as follows:

"as I am sure you are aware, naturalisation is not an automatic process and we have to make number of enquiries befog we can reach a decision on whether to grant citizenship. one of the requirements for naturalisation, set out in the nationality law, concern good character. Character is nit defined and fairly board view has to be taken when judging whether this requirements has beeb satisfied.

As part of Application process, the home office routinely conducts checks with other government departments and external agencies. The Extent and kengthof time taken to complete the checks varies according to the particular circumstance of each application. the process of these checks is regularly monitored.
So far, the checks have not been completed with regard to your application. As soon as we are in a position to reach a decision we will notify you accordingly."

I am just stressing out because this long delay. all of my friends who applied after me they got approval with in 3 months. is it any reason, they hold my application? Experts please provide some idea

Thanks
skhan