Am I automatically BC ?

[rogo321]

My Mother was born in UK in 1943. Both her parents born in UK. My mother moved to Australia in 1958. She married my Father in 1961. My Father and his parents all born in Australia. My Mother and Father now deceased. I have no idea if she became Australian Citizen. I was born in 1967. Am I automatically BC ?

[CR001]

No not automatically. You would need to register yourself as British on form UKM, costs £80 and submit evidence of her British citizenship.

[rogo321]

I am 50 year old Australian born to UK mother. I already know I qualify for BC by descent but I don't know if I will pass the Good Character requirement. I have 28 year old serious offenses and some more recent minor traffic offenses I have read the guide and although the serious offenses are all more than 15 years ago. What are my chances of being rejected on character grounds ? History as follows :
2000 to 2006 about 3 or 4 speeding fines. One fine for fail to stop at a stop sign and in 2006 a court appearance for "DRIVE UNREGISTERED VEHICLE" fined $800
1989 "USE OFFENSIVE WEAPON TO AVOID APPREHENSION" sentenced to prison for 3 years.
Other convictions at the same hearing and sentences ran concurrent.
1989 "ASSAULT AN ROB" 2 counts. Prison 2 years each count
1989 "POSSESS SHORTENED FIREARM" Prison 1 year
1989 "ARMED ROBBERY WITH OFFENSIVE WEAPON" 2 counts. Prison 2 years each count.
1987 "STEALING" and "FAIL TO APPEAR" sentenced to the rising of the court.
1986 "OBTAIN CREDIT BY FRAUD" 8 counts. Prison 3 months
1984 (16 years old) "MALICIOUS WOUNDING WITH INTENT" 3 year good behavior bond.
1984 "STEAL MOTOR VEHICLE" Committed to institution 10 weeks
1983 (15 years old)"ASSAULT AND ROB" 9 month good behavior bond
1983 "STEAL MOTOR VEHICLE" 6 months recognizance
1983 "BREAK ENTER AND STEAL" 9 months probation.

[Casa]

Not looking good! Can you list your more recent traffic offences?

[rogo321]

Do they really reject BC applications because of traffic offenses ? Here in Australia we have so many speed cameras and red light cameras, it's actually more suspicious if you don't have a traffic infringement.

[rogo321]

Not looking good! Can you list your more recent traffic offences?

So what about the guide that says "Between 12 months’ and 4 years’ imprisonment. Application will normally be refused unless 15 years have passed since the end of the sentence." ?? All of these convictions were completed 25 years ago?

[CR001]

Kindly keep all your questions in this topic rather than the generic Good Character one at the top of the page and also rather than starting a new topic with each question.

There is no limit on how many times you can apply if you are refused, but you could face more refusals.

[Richard W]

Do they really reject BC applications because of traffic offenses ? Here in Australia we have so many speed cameras and red light cameras, it's actually more suspicious if you don't have a traffic infringement.

Yes, but not fixed penalty notices.

However, there is now a widepread feeling that as a result of Johnson, discussed at british-citizenship/court-find-characte ... 18494.html, the good character test is unlawful for UKF and UKM applications.

[Obie]

It is a breach of Article 8 read together with Article 14. A remedial order is required. The provision does not confer discretion. The courts do not have the power to strike down an Act of parliament. So the governmen has to take steps to make the act convention compliant.

[JAJ]

Perhaps also note that irrespective of a good character test for UKM application for British citizenship and the lawfulness or otherwise thereof, there also appears to be a claim for Right of Abode in the U.K. (as long as Australian citizenship has been held continuously since 1982).
https://www.gov.uk/government/publicati ... y-guidance

[Richard W]

It is a breach of Article 8 read together with Article 14. A remedial order is required. The provision does not confer discretion. The courts do not have the power to strike down an Act of parliament. So the governmen has to take steps to make the act convention compliant.

Or to remove the incompatibility. I fear the preferred method is to withdraw from the convention, which true Brexit will allow.

[Obie]

I don't understand how true and decent British will seek to withdraw from an agreement which benefits them and ensure national authorities don't trample on some of their most vital human rights. A convention which their ancestors worked on drafting.

Anyway this is not a political thread. It is a purely legal matter, don't involve politics into it. It is unnecessary and not required for resolution of OP''s case.

[Casa]

In an attempt to take this thread back on track...can you respond to the question I posted earlier confirming what your 'recent' traffic offences are

[rogo321]

Official result direct from Police dept.

04/08/2014 201733658 EXCEED SPEED LIMIT IN 1 PTS 26/08/2014 $151.00
16/04/2011 14770968 EXCEED SPEED LIMIT IN SPEED 3 PTS 08/06/2011 $200.00
14/08/2008 A 4067650 INJURIOUS MATTER ON ROAD 2 PTS 05/09/2008 $300.00
02/06/2006 A 2845374 DRIVE FAIL TO WEAR SEAT 3 PTS $225
05/04/2006 A 2796442 DRIVE FAIL TO WEAR SEAT 3 PTS $225
09/12/2004 A 1403041 FAIL TO STOP AT 'STOP' SIGN AT INTERSECTION 3 PTS 18/01/2005 $135.00
18/12/2003 A 1510429 EXCEED SPEED LIMIT IN 3 PTS $150
26/10/2000 9787541 EXCEED SPEED LIMIT BY LESS 1 PTS $90