British Citizenship – Good Character Requirement FAQs

[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 ???...

one year before i applied!

Hey Norts,
Sorry for the late reply... As it is one year before you applied, it might not be significant, but the fact that is not mentioned might irk the caseworker...
you can try that emailing them with all the details...
but if I were you I would just wait till they send some correspondence to me... you have applied in April... meaning its not long for them to look at your application....

[saanju9]

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,.

we are all in the same boat... and the answer is "we don't know"

[Gagan1986]

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,.

we are all in the same boat... and the answer is "we don't know"

Which visa did you apply after your student visa? Did you have any issues while applying for that? If not, then go ahead and apply

[viganooriah]

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,.

I am more or less in the same situation.
For quite a few years I was on Dependent Visa, my wife was in Student Visa. But between 2010 and 2011 I lost the right to work because of my Wife's college/course she was doing at the time, but still HAD to work because we have 2 kids. I got the right to work again in 2011.
I was granted ILR in January 2015 on SET LR basis, and now I'm actually scared to apply for BC in January 2016 because I worked without permission and because of that newly introduced Good Character thing...
Any thought anyone?

[noajthan]

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,.

I am more or less in the same situation.
For quite a few years I was on Dependent Visa, my wife was in Student Visa. But between 2010 and 2011 I lost the right to work because of my Wife's college/course she was doing at the time, but still HAD to work because we have 2 kids. I got the right to work again in 2011.
I was granted ILR in January 2015 on SET LR basis, and now I'm actually scared to apply for BC in January 2016 because I worked without permission and because of that newly introduced Good Character thing...
Any thought anyone?

Every case is assessed & judged on its merits.

See http://www.immigrationboards.com/britis ... l#p1241554

... my application for citizenship was declined because I was refused a residence card/blue card in 2010 when I was a student and working. Their reason is that I have not been compliant with the UK immigration laws as I was occasionally working over 20 hours a week while being a full time student.

[xtr2015]

Hi there,

I desperately need some help with filling out my British Citizenship application.

I was found guilty and had to pay a fine on drug related charges in 2007 in my European home country. The case did not get on my local CBR, it was considered spent right away. I understand that I'm obliged to include any conviction regardless it being spent or not, my problem is that I no longer have the court papers nor have any way to officially request details on my case as these were deleted after 3 years according to the local laws. I do not remember the exact date nor charges of this as my case itself happened around 2004 and I'm afraid filling in incorrect details in my application might be a problem. I'm not sure what should I do, any help/advice is greatly appreciated.

Thanks in advance!

[saanju9]

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,.

I am more or less in the same situation.
For quite a few years I was on Dependent Visa, my wife was in Student Visa. But between 2010 and 2011 I lost the right to work because of my Wife's college/course she was doing at the time, but still HAD to work because we have 2 kids. I got the right to work again in 2011.
I was granted ILR in January 2015 on SET LR basis, and now I'm actually scared to apply for BC in January 2016 because I worked without permission and because of that newly introduced Good Character thing...
Any thought anyone?

Every case is assessed & judged on its merits.

See http://www.immigrationboards.com/britis ... l#p1241554

... my application for citizenship was declined because I was refused a residence card/blue card in 2010 when I was a student and working. Their reason is that I have not been compliant with the UK immigration laws as I was occasionally working over 20 hours a week while being a full time student.

but by saying that... in the same post (from the link you have attached here) his/her friend got the approval ( "with the same circumstances")... so we cannot tell how they are looking at it..

I also think that the person in that post has been refused blue card... not sure that if refusing a blue is a direct result of non-compliance of immigration rules...but it seems that he/she has issues previously with home office, with regards to working more than they are entitled to... it would have been nice if they have mentioned how the home office came to know in 2010 about them working too many hours

[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,.

we are all in the same boat... and the answer is "we don't know"

Which visa did you apply after your student visa? Did you have any issues while applying for that? If not, then go ahead and apply

I applied for PSW, nop no problems whatsoever

[fizzy888]

true that saanju9 only if the original poster can share if the HO found out about the overworking NOW when he applied for BC or if they found out in 2010

[saanju9]

true that saanju9 only if the original poster can share if the HO found out about the overworking NOW when he applied for BC or if they found out in 2010

I did asked him/her the question... so lets wait and see if he/she will respond

[farfar]

I was sent a refusal from the home office for my citizenship application and the letter says that I was refused on character ground and that I have entered to the UK illegally when I claimed asylum. I entered to the UK on 2007 with a visitor visa which was up and running from July 2007 till January 2008 I claimed an asylum and I was refused on August 2008 but went for an appeal and I was granted humanitarian protection instead. However when i finished my 5 limited leave o was given ILR on January 2013 and my first baby got the British passport later, now my second baby will have a British passport too obviously... But I can't get it until 2017. Called an lawyer for some advice initially he said no the home office has changed the rules but explained to him that I entered the UK legally and sent him a copy of my visa and the refusal and he said that sure the home has assessed my application wrong as you haven't enter the UK illegally and that I applied before my visa expired.
All I want to know here if I can send them a reconsideration form or not, also if my case is strong enough to fight for it? I am hesitating to send the form back myself without using a solicitor as I worry not getting it right.
Can you please help me and advise me on what to do.
Many thanks

Hi Lily83
I have experienced exactly the same problem with the HO. I got my naturlization refused because they said i entered the UK Illegally
Here is my horrible story with them
I came to the UK on 3/12/2007 on spouse visa landed in manchester airport.My visa was valid from 25/11/2007 to 25/11/2009
after few months marriage broke down and i claimed asylum on 3/3/2008
was granted the refugee status on 16/12/2008
All my appeals were on time and was supported by NASS during this time
applied for naturlization on 1/4/2015 and shocking refusal letter was sent on 26/8/2015 saying that i didnt fulfill the good character requirements as i entered the UK illegally on 3/3/2008 which is totally wrong and incorrect
So the incompetence of the HO still on the move
like we didnt pay 906 pounds

[silverlining]

Hi,

I have a question please and would appreciate any help that you all can offer me.

I applied for BC in June 2015. I had only one FPN in the last 12 months which I declared on my application form. I received that FPN in June 2014. Now while my application is still in process, I have unfortunately received another speeding ticket. I'm still within my 28 days to respond to the first letter which asks the owner of the car to confirm the driver. I have the following questions:

1. Do I need to inform the home office about this new FPN?

2. If I do need to inform them, then when do I need to inform them. i.e., do I need to inform them now or should I wait until I get the points endorsed on my license?

3. Will it jeopardize my application?

4. If I do need to inform the HO about this, then how do I do that?

I look forward to your help. Many thanks!

[Azzaan]

Hi I have 2 questions
Question 1

My friend got IlR on 10 year bases in Aug 2015 and he married to a British National can he apply Naturalisation now or should he wait for 1 year?

Question 2

Is preventation of harassment letter with no further action came in caution or warning


Thanks

azzaan

[charzie]

My mum's British citizenship application was recently refused due to a time when she was staying in the UK illegally and I'm wondering whether to put in an application myself or wait until the 10 years are up. Any advice would be much appreciated. My story goes as follows:
- In 2002 moved here under my mother's student visa (at the time I was a minor)
- In 2006 my mum applied for a work visa which was declined (at which point I was no longer a minor)
- In 2008 after exhausting the work visa appeal process we applied for refugee status. My application was separate from my mother's since I was no longer a minor and this was granted for both my mum and myself separately.
- In 2014 my ILR was granted.

My siblings have been granted citizenship (I suspect because they were minors at the time we were here illegally). In my case I was illegally here between the ages of 18 and 20 so I'm not sure whether it's worth submitting an application for BC or not?

[tingphil]

There are a few questions asking if by overstaying, there was any point in applying before the 10yr rule for the good character requirement.

I was a former student (2000-2006) who worked part time (20hrs) during term time and full time (marking GCSE & A Level scripts) during vacations. That was what was in my admission brochure during that period. I sent a visa renewal form to Croydon in June 2006 but it was not processed because the payment did not go through even though the money was in the account. I was advised to resend the application to Sheffield and this new caseworker refused my application in September, 2006 on the grounds that I had not sent a copy of the employment letter and that summer's exam results. There was no option to appeal. How could someone who had passed all previous exams and renewed 4 times be treated like that? I was asked to leave within a month but I had built such an infrastructure Lab (IT) that there was no way I was going to be able to leave within the 4 weeks. I was resigned to packing up asap but I met my future partner within 3 weeks and decided to give the relationship a chance. Note that I did not work after my application in June 2006 and had extended family here to support me.

We got married in September 2008 and I went back home to get an EEA family permit. I came back in 2008 and completed the same course I had been refused the visa for.There were no questions asked or an interview required and the family permit was granted by the consulate straightaway. All the subsequent applications to the Home Office went smoothly with no questions asked about the overstay. The only time the overstay issue cropped up was being delayed at the airport desk on the way back from Europe as 'there was a flag on my account'.

I came back here in April 2015 after being away for a few months. I have lurked from 2007.
I became aware in April that the rules had changed and I may have to wait until 2018 to apply. After reading all the different threads here, I decided to still apply anyway because I still question that original refusal in 2006 and was prepared to apply for reconsideration. I applied through the checking service and waited until August, 2015 for the response to come through. I still had little belief that I was going to get a positive result and it took me a week to even bother opening the envelope. However, I had been approved and applied for the passport which has just been posted.

The comment 'every case is assessed & judged on its merits' was definitely true for me and this place has an invaluable source of information and hope. Very special thanks to Amber, Obie and everyone.

[goczy15]

Hi



I’ve applied for citizenship on 1 May 2015. Unfortunately since then I’ve collected 2 fixed penalty notices for speeding (3 points and £100 x 2), one in June 2015 and one in September 2015. (I didn’t have to go to Court, just returned the letter to police).



The guidance says that they will look at FPN 3 years prior to the date of application. As these happened after submitting my application do you think it could influence their decision? Has anyone else had a similar scenario where their application got approved.



Many thanks



Gabriel

[Mannan]

Hi,

I am a silent reader of this forum but must say it does help to everyone.

I have got few questions as I am due to apply for neutralisation.

1- I have been on tier 1 and got indefinite a year before and due to apply for neutralisation. When I was on tier 1 I did not pay my tax as I could not afford and once I got the extension just amended my accounts and submitted to HMRC. Will that effect on my neutralisation as there is too much confusions as they are checking all your 10 years history etc.

I have seen some cases who applied in April and got the approval but I am varied as they changed the form since May or June and added 10 years work history.

Waiting for positive reply. Thanks

[Fraserng]

Hi,

I have a question regarding the good character requirement. I have debt in overseas before I moved to the UK. But I never claim bankruptcy in overseas. I don't have any financial problems in the UK. Would that still affect my application? Waiting for some positive reply. Thanks.

[Siraj ud-Daulah]

Hi,

I have a question regarding the good character requirement. I have debt in overseas before I moved to the UK. But I never claim bankruptcy in overseas. I don't have any financial problems in the UK. Would that still affect my application? Waiting for some positive reply. Thanks.

No, it shouldn't. Also, only God can judge a good character, not Home Office imho, run by a lazy careless incompetent people.

[Fraserng]

Hi,

I have a question regarding the good character requirement. I have debt in overseas before I moved to the UK. But I never claim bankruptcy in overseas. I don't have any financial problems in the UK. Would that still affect my application? Waiting for some positive reply. Thanks.

No, it shouldn't. Also, only God can judge a good character, not Home Office imho, run by a lazy careless incompetent people.

Thanks for your reply.

[owobaba]

Good morning, please can someone advice me which year can I apply for British citizen. I was arrested working with fake passport on the 10 of October 2006 sentenced to prison for 9 month, released from prison in February 2007 and sent to detention central in march 2007 and I than claimed asylum I was given Temporary Admission and released from detention central in April and I was reporting every week. Than in November 2007 I got married to my wife who is an EU citizen, refused residence card but went for an appeal and appeal was allowed residence card was issued and in November 2012 applied for my PR got my PR in March 2013.
Should I apply in October 2016 or November 2017.
thanks
owobaba

[Umade]

Hello,
Please I need advice. I was married 2010 and got my spouse visa came to UK Nov 2010, got my indefinite stay Nov 2012, I applied for naturalisation Dec 2012 but was refused and the home office in the refusal letter advice to reapply in Nov 2013 when I will be 3 years in the country. My wife and I separated and are now divorced. I got a fine from TFL overground for not having the right ticket for the zone I was but I could not pay for it at the time because I was unemployed and unsettled due to the issues I had with my wife. In October 2014, I got a letter from the court ordering me to pay £420 but I was not sure why so I called them and was told it was from not paying the TFL fine so immediately I paid the £420. I am now looking to apply for naturalisation but I am not sure if this would affect me and make my application to be refused.

Would appreciate your urgent response.

Thanks

[t123456789]

Hello,
Please I need advice. I was married 2010 and got my spouse visa came to UK Nov 2010, got my indefinite stay Nov 2012, I applied for naturalisation Dec 2012 but was refused and the home office in the refusal letter advice to reapply in Nov 2013 when I will be 3 years in the country. My wife and I separated and are now divorced. I got a fine from TFL overground for not having the right ticket for the zone I was but I could not pay for it at the time because I was unemployed and unsettled due to the issues I had with my wife. In October 2014, I got a letter from the court ordering me to pay £420 but I was not sure why so I called them and was told it was from not paying the TFL fine so immediately I paid the £420. I am now looking to apply for naturalisation but I am not sure if this would affect me and make my application to be refused.

Would appreciate your urgent response.

Thanks

After October 2017.

[t123456789]

Good morning, please can someone advice me which year can I apply for British citizen. I was arrested working with bad quality passport on the 10 of October 2006 sentenced to prison for 9 month, released from prison in February 2007 and sent to detention central in march 2007 and I than claimed asylum I was given Temporary Admission and released from detention central in April and I was reporting every week. Than in November 2007 I got married to my wife who is an EU citizen, refused residence card but went for an appeal and appeal was allowed residence card was issued and in November 2012 applied for my PR got my PR in March 2013.
Should I apply in October 2016 or November 2017.
thanks
owobaba

I believe it's at least 10 years after the end of your sentence has passed, not 10 years since you were released. Take the date you went to prison, add 9 months to get the end of your sentence, add 10 years for the criminal record.

Because of the nature of the crime (criminal offence plus deliberate deception), you may have problems meeting the good character requirement. If you were granted asylum perhaps you had good cause, but it'll be up to the case worker.

[Umade]

Okay thanks t123456789 for your reply.