British Citizenship – Good Character Requirement FAQs

[Caruk]

Hi Amber and all,

I have read through the FAQ and all 51 pages, but am still unsure about whether or not the following information should be included in my application for citizenship. I will be applying toward the end of this week on the basis of spouse of British citizen.

Early 2009 I was visiting my (at the time) girlfriend. This was my 3rd trip to the UK and on arrival at the airport I panicked when questioned by the immigration officer and initially lied about my income. Although I corrected this information it gave the officer reason to doubt my intentions and advised that I return home to apply for a visa. I received a Notice of Refusal of Leave to Enter and a stamp in my passport with an X through it. I returned home and applied for and got a 6 month Visitor Visa. Subsequently applied for and got a 2 year Visitor Visa, then a Spousal Visa, and finally ILR.

I presume the 2009 incident should be included in my Citizenship application. Is this correct?

Thank you,
Caruk

[Caruk]

Apologies for replying to my own post. All my instincts say the above information must be included - just uncertain where it should go on Form AN.

Any help?

[Kiki30]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

[saanju9]

Hi guys

Where are you disclosing the FNPs and Parking Tickets
They don't fit in the 3 options which were given in the application.
Should it be in page 24.. where more information can be given
My FNP is 4 years old. the points are expired in May2015 but not removed as I still need to send it DVLA
There are few Parking Tickets with 2 in the last 12 months

Thanks in Advance

[cs95tdg]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

The good character requirement changes were introduced in December 2014, however they will apply to any pending applications that hadn't been decided, irrespective of when the application was initially made. If your breach in immigration was within the last 10 years, then it is likely that the changes may effect the outcome of your application. However, please also take a look at the following thread to see whether what's mentioned there applies to you. http://www.immigrationboards.com/britis ... 84190.html

[cool mind]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

What type of breach you committed??

[foufou]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

The good character requirement changes were introduced in December 2014, however they will apply to any pending applications that hadn't been decided, irrespective of when the application was initially made. If your breach in immigration was within the last 10 years, then it is likely that the changes may effect the outcome of your application. However, please also take a look at the following thread to see whether what's mentioned there applies to you. http://www.immigrationboards.com/britis ... 84190.html

they talking about the good character for breach immigration rules , most of this people are refuge or asylum seeker who they fled them country because of the persecution they face there and came here for protection thinking about the great Britain on human right , why they not apply this good character on the MP's who claim expences scandal using tax payer money like me and you ,this people who should pass the laws and make the rules and present me and you ( ordinary people )

[barzi]

Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

[cs95tdg]

i received a refused Naturalization letter and a banned for 10 years.

It may help if you can quote the exact refusal reason text, removing any personal details. At a glance the 10 year ban you refer to appears to indicate that you failed to meet the Good character requirement.

[velcro22]

Amber, I cannot put it under conviction as it is NOT a conviction, see my first post....HO should rephrase the question..
''Have you ever been found guilty of a criminal offence?'' would be more appropriate

[Kiki30]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

What type of breach you committed??

Hi
I came on visitors visa and sought asylum through lawyers but when I was called for interview at the home office but I didn't go and therefore I overstayed? I tried again to seek asylum after some years and I didn't hear from my lawyers.

[cs95tdg]

Hi I made my application for naturalisation last year in July however I was in breach of immigration laws at one point. I would like to know when this rule came into force as it was not stated in the AN BOOKLET from June 2014 I used and I was unaware of it otherwise I would not have applied. When did this law come into force thank you.

What type of breach you committed??

Hi
I came on visitors visa and sought asylum through lawyers but when I was called for interview at the home office but I didn't go and therefore I overstayed? I tried again to seek asylum after some years and I didn't hear from my lawyers.

When did your visit visa expire? If you did not attend the asylum interview, how long have you now overstayed? And how were you granted ILR? At a glance it's difficult to understand your immigration history. It may help if you state it in chronological order to comment further.

[Kiki30]

I came in 2003 Feb and I sought asylum but I didn't go for interview my visa expired in May and I overstayed I my tried again to seek asylum through lawyers but i did not hear anything from them my partner that I had been dating for years finally got papers through asylum and I got papers a dependent we had a child together and got married in 2010 we got the ILR in 2010. Hope this is clear thanks

[cs95tdg]

I got papers as a dependent we had a child together and got married in 2010 we got the ILR in 2010.

When (date) was it that you were granted leave as a dependent (I.e. the date your stay in the UK was regularised)? Based on my understanding of your circumstances, from what I can see, the outcome of your naturalisation application would most probably depend on whether this date was 10 or more years in the past from when the HO consider your naturalisation application.

Unless of course the outcome of your former pending asylum claim made through your lawyer was successful.

I tried again to seek asylum through lawyers but i did not hear anything from them

[Andrewbird35]

It's shocking news that have to wait 10 years.
My back ground
Applied asylum in 2001 while was on visit visa
Appeals exuasted
In 2004 further application sent under human rights
Left the UK volunteraliy in 2007 whithdrew pending application
Married in 2007 in abroad but came to UK in 2009 on family permit
Got RC in 2010 and got PR last month.
Do I come under 10 years ban or not
Because my application was pending when I left and than came again legally after got FP.
When would I qualify for naturalisation

[CR001]

It's shocking news that have to wait 10 years.
My back ground
Applied asylum in 2001 while was on visit visa
Appeals exuasted
In 2004 further application sent under human rights
Left the UK volunteraliy in 2007 whithdrew pending application
Married in 2007 in abroad but came to UK in 2009 on family permit
Got RC in 2010 and got PR last month.
Do I come under 10 years ban or not
Because my application was pending when I left and than came again legally after got FP.
When would I qualify for naturalisation

Answered Here (Click)

[Mahm256]

Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

Mate it doesn't matter!! You were tried in court and convicted, despite you got a community work sentence, it's still a conviction. You shouldn't have been selling illegal cigarette in the first place. Now you fail the good character requirement and have to wait 10yrs. Sorry to sound harsh

[federyko1979]

Hi I was arrested for 1 day and sentenced to pay fine only (500 pounds) , but the court decided that the 1 day of arrest would coun towards my fine and lowered it to 450 pounds. Would that still class as fine and can I apply after 3 years or do I need to wait 10 years before my application? On the court order there is nothing about prison.

[Sibusiso]

Hi,

Could someone please help me with one question.
I was given three cautions in 2004 for; Common assault, Battery and Drunk and disorderly. My record has been squeaky clean since then.

My question is, could my application for naturalisation be declined because of these three cautions from 11 years ago?

Thanks in advance.

[Mahm256]

Hi I was arrested for 1 day and sentenced to pay fine only (500 pounds) , but the court decided that the 1 day of arrest would coun towards my fine and lowered it to 450 pounds. Would that still class as fine and can I apply after 3 years or do I need to wait 10 years before my application? On the court order there is nothing about prison.

Could you shade some light on when you were arrested? Unfortunately even a day of prison is classed as custodial sentence which rules you out of good character requirement. So you have to wait after 10 years from when you was sentenced

[Mahm256]

Hi,

Could someone please help me with one question.
I was given three cautions in 2004 for; Common assault, Battery and Drunk and disorderly. My record has been squeaky clean since then.

My question is, could my application for naturalisation be declined because of these three cautions from 11 years ago?

Thanks in advance.

You have to wait three years after you receive a caution before you can apply for naturalisation. In your case, I believe you meet all the requirements . It's been over 10years, you shouldn't face any problem.
Good luck

[federyko1979]

Hi I was arrested for 1 day and sentenced to pay fine only (500 pounds) , but the court decided that the 1 day of arrest would coun towards my fine and lowered it to 450 pounds. Would that still class as fine and can I apply after 3 years or do I need to wait 10 years before my application? On the court order there is nothing about prison.

Could you shade some light on when you were arrested? Unfortunately even a day of prison is classed as custodial sentence which rules you out of good character requirement. So you have to wait after 10 years from when you was sentenced

You see I did not spent even a day in prison and wasn't sentenced to prison time. I was sentenced to pay fine but as I wrote the 1 day in arrest counted towards the fine and lowered it by 50 pounds.
As far as I know you can be arrested for anything up to 48 hours but you can only be imprisoned by court. Prison and arrest are two different things.
So in my case would you say 3 or 10 years?

[t123456789]

Hi I was arrested for 1 day and sentenced to pay fine only (500 pounds) , but the court decided that the 1 day of arrest would coun towards my fine and lowered it to 450 pounds. Would that still class as fine and can I apply after 3 years or do I need to wait 10 years before my application? On the court order there is nothing about prison.

Could you shade some light on when you were arrested? Unfortunately even a day of prison is classed as custodial sentence which rules you out of good character requirement. So you have to wait after 10 years from when you was sentenced

You see I did not spent even a day in prison and wasn't sentenced to prison time. I was sentenced to pay fine but as I wrote the 1 day in arrest counted towards the fine and lowered it by 50 pounds.
As far as I know you can be arrested for anything up to 48 hours but you can only be imprisoned by court. Prison and arrest are two different things.
So in my case would you say 3 or 10 years?

I *think* (and I'll just say I may well be wrong) it's 3 years because it's based on the court sentence. It's entirely possible to spend a couple of nights in prison and be released without charge, or be found not guilty etc and that'd wouldn't affect your application. I would think that being arrested and spending a night in jail would not count as any sort of conviction considering that there are many possible outcomes.

[t123456789]

Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

What was the exact reason for your refusal? A 10 year ban is usually if you have a conviction and you don't declare it because they consider it deception.

If your timeline is:
1) Applied for citizenship 2) Got caught 3) Got convicted 4) Refused
then possibly you can try argue that it should be 3 years from the conviction, though you should have notified the HO but you can try argue about that.

If 2) or 3) happened before 1) then you unfortunately it's 10 years.

[naruto]

Hi guys I have an enquiry!!!

I applied for natrsulastion on October 2014 and I had a case with the police where I was on police bail for few months than got NFA'd by police no further action, however after waiting for nearly 7.5 months the home office sent me a letter saying I've had an impending trail etc and said that I must submit a written proof from police or CPS Crown Prosecution service of case been dropped or NFA I went to the police station and requested a proof of NFA and I was given something slightly different the police letter said cancellation of bail and the reason for cancelling your bail due to not to be preceded with pending CPS!!! And spoke to the CPS and they said they won't have me on thier system as I've not been charged or either went to court!!!

I need an advice on what to do please as I've never been arrested or never had any issue with the authority I was just in the wrong place wrong time.

Please advise ASAP.

P.s I've sent the proof from the police and my solicitor saying that I was NFA and police letter saying not to be proceeded with pending CPS and cover letter explaining everything so far so fingers crossed!!!