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If someone was on temporary admission and leave to remain granted at the end then time on temporary admission will be considered lawful under the law but why it is not considered same under good character requirements for naturalisation?

Memphis115 wrote: ↑

Sat May 21, 2022 5:44 pm

If someone was on temporary admission and leave to remain granted at the end then time on temporary admission will be considered lawful under the law but why it is not considered same under good character requirements for naturalisation?

Because the UK Immigration Rules are separate under law from the British Nationality Act.

Yes thats right
But person immigration hisotry is considered relevant in naturalisation application and can be viewed as negative or positive based on person immigration history.
It make no sense that in one legal frame work it is considered lawful and other it is considered negative.
It is contradictory

Memphis115 wrote: ↑

Sat May 21, 2022 5:44 pm

If someone was on temporary admission and leave to remain granted at the end then time on temporary admission will be considered lawful under the law but why it is not considered same under good character requirements for naturalisation?

Time on temporary admission is legal & for the purpose of naturalisation it has no impact on good character requirement .In good character requirement basically they look for criminal record or previous illegal work & overstay .When you were granted temporary admission that means you haven't broken any immigration law provided if you haven't delayed applying asylum .

Hi,

this topic seems relevant to my question. I would appreciate if you could help me in this regard.
I want to apply for Naturalisation on the basis of my ILR/Settled Status granted to me on June 2020.
My concern is regarding GOOD Character requirement.

I have received an Overstay Letter dated 13.11.2014 as I withdraw my appeal in August 2014 on my previous application. My solicitor advised me to do it as my other appeal from January 2014 was not resolved by HO as a clear contradiction of the running decision of the court. On 19.11.2014 my solicitor send the letter to HO for further resolving and reinstating my leave to remain on the basis of applicable rules( HO never responded to that letter). On 12.12.2014 I got Temporary admission and needed to report monthly. I comply with that and on 06.06.2015 I married an EEA qualified person and got my BRC in October 2015.I got my Settled status in June 2020.

Now my question is; Can I apply for naturalisation now and ask for discretion( Good Character Requirement) on the basis of

- I got Overstay Letter dated 13.11.2014( with deemed postal delay 2 days) and I got Temporary admission on 12.12.2014 i.e within 28 Days grace period. I comply with the reporting and got my status as EEA Family member(BRC Oct 2015). I am a Law abiding person and never had any other criminal conviction.

- I was not aware that I am overstaying as I was waiting for the HO to resolve my case according to the decision of Court in Jan 2014 and reinstate my Leave to remain, which was initially curtailed from HO.

-Considering it as my only immigration and criminal offence. I have been working and paying Tax in higher category for the last 5 years. My 4 kids are UK National and going to school in England and my wife is German and medical doctor by profession.

I will be obliged if u could help me further.
Thanks
Kay1

Since your overstay was before 24 Nov 2016 and within 28 days, case worker can exercise discretion.

Thanks for the Prompt reply.

Naturalisation in UK is not a cheap matter. I wanted to get a professional opinion. Thanks again.

I will give it a try and hope for the Best.

Best Regards
DrKay1