BC refusal based on Good character requirement.

[Kbear]

Hi all, could you please give me some advice.

I have been refused BC due to the good character requirement. I successfully got my ILR in 2011 based on the 14-year long residency rule. I came into the UK as a minor in 1993, but due to family circumstances, my student visa wasn't renewed in 1998 and I became illegal out of fear of deportation. I continued in education up to university and remained in the country under the radar. No criminal convictions and financially supported by family.

I applied for BC in Jan 2017 and was sent a from to complete to explain what I had been doing and how I supported myself during from Jan 2007-Sept 2011 when I got my ILR (I guess they only cared about the time that fell during the 10 year good character requirement). I replied with bank statements of family members and also a post degree diploma showing I was in education.

I received my refusal letter stating that I was being declined because " I undertook studying without permission". I can apply for reconsideration but any application before 2021 is unlikely to be unsuccessful.

My question is this:
1. Is it not allowed to be a student whilst illegal?
2. I thought they would only care if I worked or drove etc... and I was very careful to break no laws and didn't actually even apply for an NI number until I got my ILR.
3. Is it worth me applying for reconsideration and appealing for their discretion, or shall I just leave it and apply in 2017?

I should mention, that I am settled here, my husband and 3 children are British (my husband naturalised, applied same time as me but he was successful).

[vinny]

1. Of course.
2. Being an overstayer broke the law (24(1)(b)(i)).
3. Apply in 2021.

[Kbear]

1. Of course.
2. Being an overstayer broke the law (24(1)(b)(i)).
3. Apply in 2021.

Thanks for your reply,

I have researched and found no evidence of studying being an issue. I did not use any false documents nor claim to be British in order to achieve a place on the course, and it was self funded with no recourse to public funds. I also wonder if I can appeal on the basis of the legal fact that the "the right to education" is set out within the Human Rights Act and this includes higher institutions.

I know being an overstayer broke the law, but there is precedence of overstayers being successful in BC applications especially in situations where they were not working, not in receipt of public funds and had no convictions.

[vinny]

That may have been true in the past.

Unfortunately, Good character citizenship criteria quietly tightened up, also affecting overstayers.

[ija8051]

British nationality law had not been define in good character requirements (completely)so as written its says if you got education on public funds or working illegally or had been in public funds by any means,application will be refused. In your case there is chance you can take it further that you were been supported by family for education which was not on publicly funded and when you came you was minor from that education was your right and you carried on.It can be challenged in their decision but need good solicitor with strong barrister how can tell UKBA their gate,and when you done(education) this it was not illegal nor defined till 2014 that you cannot have education on your own money while you here.

[ija8051]

Also did they ask you from 2007 to 2011 or from 1998 when you donot have a leave to remain. How you maintain yourself from 2007 or 1998