Refused British Citizenship on spent minor offense

[Phil2020]

Just over a year ago my British Citizenship application was refused without any specific reasons given why my application was refused, I had to submit a request for internal review (reconsideration) at an extra cost of £272. Again my application was refused but this time with little details of why I was refused on “good character” test because several years before I had one a non-custodial possession offense to my name. Which by I did inform the Home Office about in my application regarding the offense which I spend and paid my court fees...

I had only one minor non-custodial conviction paid my court fees and all and yet I'm being punished twice for it how is that fair? Plus the guideline of the application “good character” it said one minor non-custodial offense on its own is usually will not a ground for refusal. My life is being ruined by the Home Office for no good reason.

It is a complete gamble I have to do it all over again but I'm worried if they gonna take my savings again

[Phil2020]

*Edited*

Just over a year ago my British Citizenship application was refused without any specific reasons given why my application was refused, I had to submit a request for internal review (reconsideration) at an extra cost of £272. Again my application was refused but this time with little details of why I was refused on “good character” test because several years before I had one a non-custodial possession offense to my name. Which I did tell the Home Office about it in my application regarding the circumstances of the offense even though I spent the offense and paid my court fees...

I had only one minor non-custodial conviction and yet I'm being punished twice for it how is that right? Plus the guideline of the application on “good character” it said one minor non-custodial offense on its own usually will not be a ground for refusal. My life is being ruined by the Home Office for no good reason.

It is a complete gamble I think but I have to do it all over again I have no other choice because I'm stateless and have no other nationality. But I'm worried if they gonna take my savings and tell me to p**s off again?!

[muraenidae]

What year was your offense?

(Sorry, I don't know much about the good character requirement, but after a certain number of years this will be disregarded. I believe a single non-custodial sentence is normally disregarded after 3 years, but I could be wrong.)

[ouflak1]

*Edited*

Just over a year ago my British Citizenship application was refused without any specific reasons given why my application was refused, I had to submit a request for internal review (reconsideration) at an extra cost of £272. Again my application was refused but this time with little details of why I was refused on “good character” test because several years before I had one a non-custodial possession offense to my name. Which I did tell the Home Office about it in my application regarding the circumstances of the offense even though I spent the offense and paid my court fees...

You are not being 'punished'. Citizenship is a privilege and they have simply applied their rules as they have consistently with many many others,

I had only one minor non-custodial conviction and yet I'm being punished twice for it how is that right? Plus the guideline of the application on “good character” it said one minor non-custodial offense on its own usually will not be a ground for refusal. My life is being ruined by the Home Office for no good reason.

I'm assuming you actually qualified to apply for citizenship in every other regard, which means you are a permanent residence with unrestrained rights and access to life in the United Kingdon. That's not so bad.

It is a complete gamble I think but I have to do it all over again I have no other choice because I'm stateless and have no other nationality. But I'm worried if they gonna take my savings and tell me to p**s off again?!

Are you sure you are 'stateless'? You have the flag of Eritrea in your mini-profile. Maybe that's just representing your ethnicity? In what country were you born? What was the citizenship of your parents? Have you ever held the pasport of any country at any age in your life, even as a child? I suspect you may not be as stateless as you feel you are.

From what I've read, Eritrean nationality law is fairly progressive as far as citizenship is concerned and it seems rather unlikely you somehow lost if you ever had it.

[silverchloride]

It might be useful if you post the exact wording of your initial refusal letter and also the refusal of your reconsideration as I don't think they can refuse "without any specific reasons given".

We might not agree with their reasons but by law they have to write the reasons why they feel you don't meet the requirements?

[Phil2020]

What year was your offense?

(Sorry, I don't know much about the good character requirement, but after a certain number of years this will be disregarded. I believe a single non-custodial sentence is normally disregarded after 3 years, but I could be wrong.)

I had one non-custodial offense of possession of a prohibited item. The requirement for "good character" is so vague and arbitrary it is hard to make any sense of it.

This is what written in the Home Office requirement booklet "We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate. Offences involving dishonesty (for example theft), violence or sexual offences or drugs would not be disregarded. Drinkdriving offences, driving while uninsured or disqualified would not be disregarded either." Notice the Home Office language is full of vague terms/word such as "we may", "suggest", "factors", " in all other regards" and so on...

The point is it's hard to argue against the home office decisions because of their catch-22 creating a dilemma or difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions.

[Phil2020]

*Edited*

Just over a year ago my British Citizenship application was refused without any specific reasons given why my application was refused, I had to submit a request for internal review (reconsideration) at an extra cost of £272. Again my application was refused but this time with little details of why I was refused on “good character” test because several years before I had one a non-custodial possession offense to my name. Which I did tell the Home Office about it in my application regarding the circumstances of the offense even though I spent the offense and paid my court fees...

You are not being 'punished'. Citizenship is a privilege and they have simply applied their rules as they have consistently with many many others,

I had only one minor non-custodial conviction and yet I'm being punished twice for it how is that right? Plus the guideline of the application on “good character” it said one minor non-custodial offense on its own usually will not be a ground for refusal. My life is being ruined by the Home Office for no good reason.

I'm assuming you actually qualified to apply for citizenship in every other regard, which means you are a permanent residence with unrestrained rights and access to life in the United Kingdon. That's not so bad.

It is a complete gamble I think but I have to do it all over again I have no other choice because I'm stateless and have no other nationality. But I'm worried if they gonna take my savings and tell me to p**s off again?!

Are you sure you are 'stateless'? You have the flag of Eritrea in your mini-profile. Maybe that's just representing your ethnicity? In what country were you born? What was the citizenship of your parents? Have you ever held the pasport of any country at any age in your life, even as a child? I suspect you may not be as stateless as you feel you are.

From what I've read, Eritrean nationality law is fairly progressive as far as citizenship is concerned and it seems rather unlikely you somehow lost if you ever had it.

You lack some common sense, sir. Yes, I am actually a stateless person, the only reason I have an Eritrean flag is that when registering to this board I was asked to choose nationality flag beside British flag. It's an odd and stupid thing to ask but I was not allowed to register to this forum with choosing a flag. FYI I came as an asylum seeker from Eritrea as a young boy age 15 years old, because Eritrea is a failed state ruled by madman regime I become a stateless person.

[CR001]

You lack some common sense, sir.

There is no need to be rude. User ouflak1 was only asking questions that any of the members who contribute freely and voluntarily on the forum would ask.

We don't know you or your circumstances or you history, and therefore unfair to expect any valuable advice when you have not provided some historical detail or not expect members to ask.

FYI - many members claim to be 'stateless' when in fact they are not, hence clarity being sought!!

[TheRock9]

You lack some common sense, sir.

There is no need to be rude. User ouflak1 was only asking questions that any of the members who contribute freely and voluntarily on the forum would ask.

We don't know you or your circumstances or you history, and therefore unfair to expect any valuable advice when you have not provided some historical detail or not expect members to ask.

FYI - many members claim to be 'stateless' when in fact they are not, hence clarity being sought!!

Hi,

If he is stateless, he can definitely file a review and make a case that why he need passport and they should disregard his non-custodial sentence.

Thanks

[ouflak1]

Are you sure you are 'stateless'? You have the flag of Eritrea in your mini-profile. Maybe that's just representing your ethnicity? In what country were you born? What was the citizenship of your parents? Have you ever held the pasport of any country at any age in your life, even as a child? I suspect you may not be as stateless as you feel you are.

From what I've read, Eritrean nationality law is fairly progressive as far as citizenship is concerned and it seems rather unlikely you somehow lost if you ever had it.

You lack some common sense, sir. Yes, I am actually a stateless person, the only reason I have an Eritrean flag is that when registering to this board I was asked to choose nationality flag beside British flag. It's an odd and stupid thing to ask but I was not allowed to register to this forum with choosing a flag. FYI I came as an asylum seeker from Eritrea as a young boy age 15 years old, because Eritrea is a failed state ruled by madman regime I become a stateless person.

We get a lot of people on here who claim to be stateless, and it turns out they are not, which very much affects the advice we can give. I am still not convinced you are stateless. I could see nothing in Eritrean nationality law that states that asylum seekers from the country lose their citizenship. Have you actually renounced Eritrean citizenship or have some other confirmation that your citizenship has lapsed?

If he is stateless, he can definitely file a review and make a case that why he need passport and they should disregard his non-custodial sentence.

I don't know of any circumstance where statelessness allows for any discretion with regards to the Good Character requirement.

[Phil2020]

You lack some common sense, sir.

There is no need to be rude. User ouflak1 was only asking questions that any of the members who contribute freely and voluntarily on the forum would ask.

We don't know you or your circumstances or you history, and therefore unfair to expect any valuable advice when you have not provided some historical detail or not expect members to ask.

FYI - many members claim to be 'stateless' when in fact they are not, hence clarity being sought!!

Honey, I understand these day's everybody is easily offended so although I was not speaking with you nevertheless I'm sorry if I seem to come across "rude".

[CR001]

You lack some common sense, sir.

There is no need to be rude. User ouflak1 was only asking questions that any of the members who contribute freely and voluntarily on the forum would ask.

We don't know you or your circumstances or you history, and therefore unfair to expect any valuable advice when you have not provided some historical detail or not expect members to ask.

FYI - many members claim to be 'stateless' when in fact they are not, hence clarity being sought!!

Honey, I understand these day's everybody is easily offended so although I was not speaking with you nevertheless I'm sorry if I seem to come across "rude".

Kindly address members with respect. 'Honey' is also inappropriate. I was not referring to you being rude to myself or myself being offended (I am not a millennial or snowflake generation), but if you expect advice from members on the forum who are all volunteers, please post with respect.

[Phil2020]

You lack some common sense, sir.

There is no need to be rude. User ouflak1 was only asking questions that any of the members who contribute freely and voluntarily on the forum would ask.

We don't know you or your circumstances or you history, and therefore unfair to expect any valuable advice when you have not provided some historical detail or not expect members to ask.

FYI - many members claim to be 'stateless' when in fact they are not, hence clarity being sought!!

Hi,

If he is stateless, he can definitely file a review and make a case that why he need passport and they should disregard his non-custodial sentence.

Thanks

Thank you. I lived in the UK since 2002 and as previously stated I hade only a single minor non-custodial offense of possession of a tiny canister of pepper spray. Becuase of that single offense I was denied British Citizenship. Never had any other country passport or citizenship as I was underage when I left the country of my birth. In all sense, I'm an actual stateless and Britain is my adopted home and I feel British to the core. As for the Home Office, I don't think it's best qualified or situated to judge my character or anyone else for that matter...

[ajitk1]

You claim to be stateless and in another post you are talking about your passport being held by HO during the application process. You are taking everybody for fools.
How can a regular reader who feels all British and has read a few previous posts not know the application process and the options available?

[Hstepper07]

You claim to be stateless and in another post you are talking about your passport being held by HO during the application process. You are taking everybody for fools.
How can a regular reader who feels all British and has read a few previous posts not know the application process and the options available?

Most of your posts appear quite judgemental and critical. If you do not have anything to add by way of advice or support, you do not have to respond. Not everyone here is a genius like you. If everyone knew the answers, this forum will not exist. Please give people a chance.

[ajitk1]

You claim to be stateless and in another post you are talking about your passport being held by HO during the application process. You are taking everybody for fools.
How can a regular reader who feels all British and has read a few previous posts not know the application process and the options available?

Most of your posts appear quite judgemental and critical. If you do not have anything to add by way of advice or support, you do not have to respond. Not everyone here is a genius like you. If everyone knew the answers, this forum will not exist. Please give people a chance.

Hstepper it is clear you are a wannabe. You seem to be unemployed and trying to show u are a social worker. You just got your British Citizenship and now act like you an an authority. What are you trying?? To be appointed a Moderator??
I dont agree with people asking inane questions. This is a help line. Help is assistance not expecting others to do all the work for them. These people like 2020 has been here for months has asked several questions and now asks if he can travel after applying. Its his second application. So he should have read the guidelines and just asking a question that has been discussed. This is just not fair to the people who genuinely want to know and those who help. Its your obsession to answer even when you do not know the answer, I have observed.

[secret.simon]

The discussions on this thread are becoming quite unruly and everybody is reminded to keep their contributions civil and polite. Otherwise this thread may be locked.

AjitK1, you are already on "thin ice". While you may make valid points, phrase them politely and courteously and not in a manner that may cause unnecessary offence. The objective of these and any forum is to help address any questions and/or clarifications raised. If you feel the person has not done their research or is asking very basic questions, either politely point them to the answer, or do not respond to the thread.

Phil2020, the law requires the Home Office to be satisfied that you are of "good character" before extending to you the privilege of citizenship. It has therefore published guidance as to how it evaluates "good character". Be aware that sentences that are spent may be taken into account when evaluating good character.

Certain immigration and nationality decisions are now exempt from section 4 of the Rehabilitation of Offenders Act 1974. This means that it does not matter whether a conviction is “spent” when assessing good character provided the application was made in England, Wales or Scotland.

As Mrs Justice Lang stated in the Hiri vs SSHD case in the High Court, "The Secretary of State is required to make an evaluation of the applicant's character on the basis of the material before her, having proper regard to the guidance in the Nationality Instructions. The onus is on the Claimant to satisfy the Secretary of State that he is of good character. Although the Secretary of State must exercise her powers reasonably, essentially the test for disqualification is subjective".

The case linked to above provides for a more flexible approach towards interpreting "good character" and you could quote from it if you reapply for reconsideration. But, it also essentially states that it is a subjective test and exercisable only by the Home Office (i.e. the route to judicial review is quite narrow).

Ouflak1 also raises an important point. The definition of statelessness is considerably narrower than what people think it to be. One is stateless only if one does not have nationality by the application of law of any country in the world. For instance, a child born to Australian or Indian parents in the UK while neither parent is settled in the UK and who is not registered with the relevant High Commission would be stateless, because the child is not a British citizen by British law and not Australian or Indian unless s/he is registered with the High Commission. However, a child born to a Chinese parent (anywhere in the world) is automatically Chinese according to Chinese law and therefore can never be stateless.

It seems that Eritrean nationality is defined in extremely broad terms and it is highly likely that you are Eritrean by nationality. Potentially, you could also be Ethiopian by nationality. The Home Office has a handy guide on People of mixed Eritrean/Ethiopian nationality. In general, the UK Home Office is aware of the nationality laws of other countries, precisely so that it can judge whether an applicant is stateless or not.

With statelessness, it is not the choice of the person, but the application of the nationality laws of countries (typically, the countries of one's ancestors and the country of birth) that determines if you are stateless or not.

I don't know of any circumstance where statelessness allows for any discretion with regards to the Good Character requirement.

Ouflak1 is correct on this point. Being stateless allows you to be issued with a relevant Convention Travel Document, but does not dispense with the good character requirement, nor does it raise an obligation on the UK government to grant you naturalisation under all circumstances.

[Phil2020]

Ajit You claim to be stateless and in another post you are talking about your passport being held by HO during the application process. You are taking everybody for fools.
How can a regular reader who feels all British and has read a few previous posts not know the application process and the options available?

I said I have a British travel document, not a 'passport' there is a big difference between this two buddy. Anyway like everybody said in this thread you don't have to replay to my posts negatively everytime you get a chance and make your self look like a fool.

[Phil2020]

The discussions on this thread are becoming quite unruly and everybody is reminded to keep their contributions civil and polite. Otherwise this thread may be locked.

AjitK1, you are already on "thin ice". While you may make valid points, phrase them politely and courteously and not in a manner that may cause unnecessary offence. The objective of these and any forum is to help address any questions and/or clarifications raised. If you feel the person has not done their research or is asking very basic questions, either politely point them to the answer, or do not respond to the thread.

Phil2020, the law requires the Home Office to be satisfied that you are of "good character" before extending to you the privilege of citizenship. It has therefore published guidance as to how it evaluates "good character". Be aware that sentences that are spent may be taken into account when evaluating good character.

Certain immigration and nationality decisions are now exempt from section 4 of the Rehabilitation of Offenders Act 1974. This means that it does not matter whether a conviction is “spent” when assessing good character provided the application was made in England, Wales or Scotland.

As Mrs Justice Lang stated in the Hiri vs SSHD case in the High Court, "The Secretary of State is required to make an evaluation of the applicant's character on the basis of the material before her, having proper regard to the guidance in the Nationality Instructions. The onus is on the Claimant to satisfy the Secretary of State that he is of good character. Although the Secretary of State must exercise her powers reasonably, essentially the test for disqualification is subjective".

The case linked to above provides for a more flexible approach towards interpreting "good character" and you could quote from it if you reapply for reconsideration. But, it also essentially states that it is a subjective test and exercisable only by the Home Office (i.e. the route to judicial review is quite narrow).

Ouflak1 also raises an important point. The definition of statelessness is considerably narrower than what people think it to be. One is stateless only if one does not have nationality by the application of law of any country in the world. For instance, a child born to Australian or Indian parents in the UK while neither parent is settled in the UK and who is not registered with the relevant High Commission would be stateless, because the child is not a British citizen by British law and not Australian or Indian unless s/he is registered with the High Commission. However, a child born to a Chinese parent (anywhere in the world) is automatically Chinese according to Chinese law and therefore can never be stateless.

It seems that Eritrean nationality is defined in extremely broad terms and it is highly likely that you are Eritrean by nationality. Potentially, you could also be Ethiopian by nationality. The Home Office has a handy guide on People of mixed Eritrean/Ethiopian nationality. In general, the UK Home Office is aware of the nationality laws of other countries, precisely so that it can judge whether an applicant is stateless or not.

With statelessness, it is not the choice of the person, but the application of the nationality laws of countries (typically, the countries of one's ancestors and the country of birth) that determines if you are stateless or not.

I don't know of any circumstance where statelessness allows for any discretion with regards to the Good Character requirement.

Ouflak1 is correct on this point. Being stateless allows you to be issued with a relevant Convention Travel Document, but does not dispense with the good character requirement, nor does it raise an obligation on the UK government to grant you naturalisation under all circumstances.

Hi, thank you for the answers. yes, I have read the Good Character requirements but found it very vague, and full of catch-22 from which there is no escape because of mutually conflicting or dependent conditions. In my case, I had a single noncustodial offense which it should have been disregarded based on HO's Good Character requirements that states and I quote "We may disregard a single non-custodial sentence, providing it did not occur in the final 12 months of the applicant’s residential qualifying period, if there are strong countervailing factors which suggest the person is of good character in all other regards and the decision to refuse would be disproportionate."

As for statelessness according to Oxford dictionary, the definition of stateless is "(of a person) not recognized as a citizen of any country." Which in my case is the reality; so I will take Oxford's definition as the correct definition as opposed to anyone else definition.

[secret.simon]

When (month/year) did the sentencing of the "minor non-custodial" offence occur? Were you fined or given community service to do?

Can you give any examples of a catch-22 in the Good Character requirements?