British Citizenship – Good Character Requirement FAQs

[bez010]

• My view:
  About your question 2: I think any record (including on Local Police ) should wait 3 years -your's 4 years so you OK-and you have to declare it, they 'll access everywhere to check. I am not sure but there are here senior memebers and the best mediator (AMBER)to give right answer.

Guys need help

I am due to apply for naturalization

I have 3 issue

1. PND for shoplifting 10 years ago never declared on any applications not even ILR it was 8 years old and not conviction I thought they asking only for convection or something you gone to court for , it was paid and not been refereed to court . It comes up on PNC under non convection .

2. Having small amount of cannabis with me 4 years ago given formal warning - wasn't taken to police station and it does not come up on PNC but it comes up on local police , didn't mention on ILR and at the time was over 24 months .

3. Fixed Penalty Notice last year only 1 , 3 points and paid it and was not refereed to court again . on counter part it says FPN .

now for naturalization I would declare all of them but as non are convection under what section should I mention ?

also by not mentioning at the time of ILR ( did not have any effect on decision ) would it be considered deception ? I did not think I would have to mention it as it was only asking for conviction .

can someone please help , I am having no sleep for a while and would appreciate if could help .

whats the likelihood of success on naturalization . I have been here 14 years , lawful residency

Many Thanks

[palaremzi]

Hello

This Aug I will be applying for naturalization. I have two minor offences
Feb 2013 - failure to wear seatbel. Paid the ticket.
Aug 2014 - speeding ticket. I took the speed awareness course.

Should I declare them both, or just the first one?

During this speed awareness course they said the speed ticket won't appear on our records and we won't have to declare this ticket. Today I checked my driver's license on DVLA's system, and indeed it shows nothing, zero points.

Funny enough, during my ILR application I totally forgot about the seatbelt, so I did not declare it, but the application went thru with no issues at all (the speeding ticket happened after the ILR). Btw, this forum is a tremendous source of information and it really helped me during past applications (Tier 2 extension and ILR).

[saanju9]

If I were I would declare both of them
1. Speed awareness course won't show up against your Driving License records (Its true what they say).... But it will be in some database for 3 years.... Coz you can't take another course within 3 years
So my advise is to declare it...
2. Seat belt offence is not like parking ticket .... it is issued to the person and I think against the driving license (can you see against your license on the gov.uk website).... so declare it

Both of these offences are going to be gone past 1 year by the time you apply.... So you are in a safe zone I would assume... So its better to declare them...rather than not declaring and eventually pointed out by them....

[bez010]

Wake Up Guys. we had many people around, posts like rain and things were lively, now it's rarely a post a days there are any replies from senior members or from moderators, We are losing Amber who as long time is just a silent follower..!! it is disappointment here:
1- what's happening guys ? come on, get together, talk and try to do something and things will happen, we used to have many many posts with grants on a daily basis, but now ...? come on, some energy and try to share your experience which eventually will push someone else to do something, then the other one will share it and ...it's like the domino effect, GUYS WAKE UP !
Some member asked your help when wrote as eg. Pay wrote (...can someone please help , I am having no sleep for a while and would appreciate if could help .
whats the likelihood of success on naturalization . I have been here 14 years , lawful residency
Many Thanks...) it is disappointment to ignored him??

nobody answered him as I am interesting to know right advice...could somebody answer as I feel pointless to post to here my case little bit same!!!!
2-Our Amber is the best moderator..some of your 24 questions have been outdated so could you spend littler of your precious time? to help people/members here..many thanks Amber eg. Q5 : ....Note: penalty charge notices and notices for disorder (PCN/PND) may be considered as a FPN for the purpose of ‘Good Character’ as per section 3.7 in form AN. However, a PCN/PND should have no bearing on the application unless PCNs/PNDs are numerous. There is no specific requirement to declare a PCN..) but new AN form 3.7 is for something different if I am not wrong.
There is also misunderstanding for me when in this Q5 (...There is no specific requirement to declare a PCN..)

but on another hand in Q11 : (You should declare all spent and unspent convictions. You should also include information relating to any FPNs (that are still on your licence or have been given in the last 12 months) and Fiscal Fines. If you have any endorsements on your driving licence you must provide the paper counterpart.

In addition section 3.18 now states:
Have you ever engaged in any other activities which might indicate that you may not be considered a person of good character?)
This may include instances where a person did not receive a conviction or out of court disposal.

So section 3.18 became 3.13 in new AN form and I ask you dear Amber a favour to shed some light when you wrote (This may include instances where a person did not receive a conviction or out of court disposal) could you give some examples.

[lifeainteasy]

hi all need some help,can i apply for naturalization as i have got ILR on 29 August 2014 on Tier 1 HSMP and I have following points to discuss..

1) I had 3 points on my driving licence which i got removed in 2014, I received them in August 2010 for breaking the signal.

2) I have a business and back in June 2013 Immigration people raided one of my stores and arrested 1 guy for whom I paid a fine of £4,000.

3) Got arrested due to being accused of selling counterfeit goods and money laundering in December 2013. I was then released on Bail and in August 2014 I was released off Bail and I am not on Bail anymore but so far haven't received an NFA. When my solicitor speaks to the case incharge from the City of London Police they don't get appropriate answer to whether the case is forwarded to CPS or whether they don't have enough evidence to take the case further.

4) And finally i have got FPN 0n 15th december 2014 for driving the car without proper car seats for my nephew as my child had a proper one.which i have paid straight away.

Now keeping all these points in my mind can i go for the neutralization and declare all these things in the application,and if I am applying shall I mention all the above or shall I not mention some of the above such as my 3 points as I never mentioned that in my previous applications such as my extention in 2012 and my ILR in 2014, I never mentioned about my arrest in my ILR although I don't feel there was any requirement to do so, can someone help me on this please???

[foufou]

hi all need some help,can i apply for naturalization as i have got ILR on 29 August 2014 on Tier 1 HSMP and I have following points to discuss..

1) I had 3 points on my driving licence which i got removed in 2014, I received them in August 2010 for breaking the signal.

2) I have a business and back in June 2013 Immigration people raided one of my stores and arrested 1 guy for whom I paid a fine of £4,000.

3) Got arrested due to being accused of selling counterfeit goods and money laundering in December 2013. I was then released on Bail and in August 2014 I was released off Bail and I am not on Bail anymore but so far haven't received an NFA. When my solicitor speaks to the case incharge from the City of London Police they don't get appropriate answer to whether the case is forwarded to CPS or whether they don't have enough evidence to take the case further.

4) And finally i have got FPN 0n 15th december 2014 for driving the car without proper car seats for my nephew as my child had a proper one.which i have paid straight away.

Now keeping all these points in my mind can i go for the neutralization and declare all these things in the application,and if I am applying shall I mention all the above or shall I not mention some of the above such as my 3 points as I never mentioned that in my previous applications such as my extention in 2012 and my ILR in 2014, I never mentioned about my arrest in my ILR although I don't feel there was any requirement to do so, can someone help me on this please???

the second one is the worse one , as in the guide ( chapter 18 , index d ) u are band for 10 years , and they have it in them record , I think u have to mention it , after 14/12/2014 home office are doing a real check , but don't give up and is worth it try ( if u are able to pay £ 1006 ) , good luck mate

[lifeainteasy]

Thanks for your reply. Just forgot to mention that the immigration raid was done on my company who I am the director and shareholder and owns 45% of shares. I am not responsible for HR. The fine was paid by the company not me. Does this differentiate my situation. Also any issues with any of the other points. Also do I need to mention about my arrest and FPN or not. Will really appreciate a reply.

[Melz31]

Hi, please can anyone advice me about my BC application , the query is related to the 10 years ban for not complying with immigration rules.
i first came to the UK on 08/2007 with a student visitor visa, i overstayed it and got married to a EEA national on 02/2009, issued with a residence card on July 2010, then PR on April 2015, when do i qualify for BC ?
thanks guys , your advice will be appreciated ...

[Rassel]

According to the new immigration rules, They will refuse you, reason for overstayed.
You are safe if you apply after July 2020.

Hi, please can anyone advice me about my BC application , the query is related to the 10 years ban for not complying with immigration rules.
i first came to the UK on 08/2007 with a student visitor visa, i overstayed it and got married to a EEA national on 02/2009, issued with a residence card on July 2010, then PR on April 2015, when do i qualify for BC ?
thanks guys , your advice will be appreciated ...

[t123456789]

Hi, please can anyone advice me about my BC application , the query is related to the 10 years ban for not complying with immigration rules.
i first came to the UK on 08/2007 with a student visitor visa, i overstayed it and got married to a EEA national on 02/2009, issued with a residence card on July 2010, then PR on April 2015, when do i qualify for BC ?
thanks guys , your advice will be appreciated ...

10 years from the time you became legal (for example got your visa) or voluntarily left (for example if you left to get married and applied for a new visa overseas). So probably 2020.

[Melz31]

Are you sure the ban start from the time you became 'legal' ? Or is it from when you overstayed ? The wording of the new requirement is not clear and really vague ...

[Rassel]

Yes i'm in same boat. but not overstayed.

Are you sure the ban start from the time you became 'legal' ? Or is it from when you overstayed ? The wording of the new requirement is not clear and really vague ...

[t123456789]

Are you sure the ban start from the time you became 'legal' ? Or is it from when you overstayed ? The wording of the new requirement is not clear and really vague ...

I think so.

Here is the rule 9.7:

The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:

If in the last 10 years back from your application data you have not been compliant, they will probably refuse. So effectively it's from when you become compliant, or you must have been compliant for 10 years preceding your application.

[orsino2olivia]

Hi Amber,
can I ask you a quick questions about debt and naturalization ??
I have about 10 defaults accounts(previous payday loans) and none of them have been paid. But I dont have any CCJ or bankruptcy. Will it effect my British citizenship applications ? How do they check/how will they know if I have unpaid debt if there is no CCJ ? Do they check with credit agency ?
It will be very nice if someone post here about the steps they do and the agencies they checked with at home office for every citizenship applications .
Many Thanks

[ducklover26]

Hi Trahaman,

Did you apply finally? what was the outcome?

thanks

DL

[mohammedakram967]

Dear Adviser,
I am going to apply for naturalization after 15 September 2015, I am British citizen spouse (2 year dependent visa + I year ILR).

I would like to know about the council tax. I have rented a property since last year (December 2014) from an Asian Landlord; the rent is £500 PCM including council tax. Now I know that, the landlord is clamming housing benefit on that property, so that’s why he asked me not to pay council tax. It was an informal renting, since I was recently moved to a new city for taking up new job and one of my friend knew the landlord, so no formal tendency agreement etc., Now as I have been living in this property since an year with paying rent every month on time.

I am to apply for naturalization and will put this address; I am worried would it be problem for me affecting my naturalization application refusal or delay having no council tax paid record? (all bills Gas electricity, NHS and broadband on my name and paid regular) for this property and the fact that landlord is claiming house benefit on this property while living on some other property.

I would really appreciate your advice.
Thanks very much.

[saanju9]

I personally think that it should not be a problem

There Naturalisation application is not asking for tenancy agreements
Unless the council has issued notices and/or took you to court for not paying council tax then you should be ok

Sometimes you rent with a live in landlord and you would pay the council tax included in the rent... So I don't see any issue there

[mojo78]

Hi,

Do I need to declare police arrest, dna and fingerprints were taken, even though charges were dropped, on police discharge letter it says "no further action"?

Thank you

No, only convictions.

Hey, again, I still have the same question... I requested SAR from HO and they actually know about the arrest and NFO given, do I still don't have to declare it though...?
Thanks
Apparently, MET straight away emails HO about any arrests.

[Rassel]

You are not convicted,
2nd No charge against you and
finally if think you didn't do anything wrong. Then better to clear to H/O coz they are just waiting for pickup mistake.

I knew some one who got speed ticket and point after apply last year in July, he explain and inform them, in time. And he got his approval.

Hi,

Do I need to declare police arrest, dna and fingerprints were taken, even though charges were dropped, on police discharge letter it says "no further action"?

Thank you

No, only convictions.

Hey, again, I still have the same question... I requested SAR from HO and they actually know about the arrest and NFO given, do I still don't have to declare it though...?
Thanks
Apparently, MET straight away emails HO about any arrests.

[NORTS]

Hello,
I have speed ticket with three points on my licence that i didn't declare in my application as i get confused with their statement in the application regarding this
"Fixed Penalty Notices (such as speeding or parking tickets) do not form part of a person’s criminal record and will not be considered in the caseworker’s assessment of character unless:
• the person has failed to pay and there were criminal proceedings as a result; or
• the person has received numerous fixed penalty notices"
so i thought that i didn't need to mention that, however now i am reading these posts sounds like this is a mistake and i will get refusal for failing to mention this! any thoughts? any one thinks that sending an email will rectify this! i applied in April so i guess i should hear from them soon…please advice

[saanju9]

Hello,
I have speed ticket with three points on my licence that i didn't declare in my application as i get confused with their statement in the application regarding this
"Fixed Penalty Notices (such as speeding or parking tickets) do not form part of a person’s criminal record and will not be considered in the caseworker’s assessment of character unless:
• the person has failed to pay and there were criminal proceedings as a result; or
• the person has received numerous fixed penalty notices"
so i thought that i didn't need to mention that, however now i am reading these posts sounds like this is a mistake and i will get refusal for failing to mention this! any thoughts? any one thinks that sending an email will rectify this! i applied in April so i guess i should hear from them soon…please advice

how long ago did you get the Speeding Ticket ???...

[NORTS]

Hello,
I have speed ticket with three points on my licence that i didn't declare in my application as i get confused with their statement in the application regarding this
"Fixed Penalty Notices (such as speeding or parking tickets) do not form part of a person’s criminal record and will not be considered in the caseworker’s assessment of character unless:
• the person has failed to pay and there were criminal proceedings as a result; or
• the person has received numerous fixed penalty notices"
so i thought that i didn't need to mention that, however now i am reading these posts sounds like this is a mistake and i will get refusal for failing to mention this! any thoughts? any one thinks that sending an email will rectify this! i applied in April so i guess i should hear from them soon…please advice

how long ago did you get the Speeding Ticket ???...

one year before i applied!

[Rassel]

Any one can guide me please:
I’m holding refugee ILR.
British Nationality was refuse ground of “Good Character Requirement” on June 2015. The are not counting Temporary Admission by home office (during my asylum case), that’s call over stay!! and say apply after march 2018.
From day 1 i follow and respect the law rules and regulations in my life.

Apply for reconsideration on June 2015 passing more then 2 month.

My father is seriously sick, I don’t know, i can see him or not.
My lawyer say “don’t worry you’ll be receive approval. But i’m losing my hope.

I did check online for Priority request: medical emergency the are allow if you have evidence. Which i can provide.

What you suggest me How i can visit my home country to see my father for a week. Did check ILR travel document is Black and cost me £382. And don’t know how long it will take? My Blue travel document is already expire.

Your valuable suggestion will change my life and release my stress.

Thanks.

[fizzy888]

Hi,

In 2004-05 while i was on student visa i occasionally worked more hours then the 20.

Would it effect my application for BC?

Reply from anyone in similer situation will be highly appreciated,.

[f.khan88]

Hi All,

regarding naturalisation application if someone can guide, if someone while on student visa for the couple of years worked behind 20 hours pw, if apply for naturalisation would it be refuse bcz of working extra unpermitted hours? if imposed ban for 10 years then would it count from the time of student visa?
or should the person wait until the date he obtained HSMP/psw to count back 10 years employment with full time work allowed, let say further 2-3 years then apply for British naturalisation ?

any generous advise would be highly appreciated.

thanks
khan