Update to the Good Character Requirement in Nationality Applications

[MuhammadM86]

I have a criminal record in 2016 for 20 months due to fraud. I have had my settled status approved in 2021.
I have been living legally in the UK since 2010, I have been eligible for a while to apply for British Citizenship but never did as I was waiting for a 15 years to pass as per the old good character rules.

Taking into consideration the new Criminal (good character rules that was released on the 13st July 2023) do I have a better chance getting approved?

I had addressed my issue with the fraud which was due to gambling, I did improve myself and my character with personal and public domain proof. Setup business and I hire more that 60 people etc.

I am married to a BC who's also EU citizen and my child is BC.

Looking forward to hearing your views and advice.

[Ticktack]

I have a criminal record in 2016 for 20 months due to fraud. I have had my settled status approved in 2021.
I have been living legally in the UK since 2010, I have been eligible for a while to apply for British Citizenship but never did as I was waiting for a 15 years to pass as per the old good character rules.

Taking into consideration the new Criminal (good character rules that was released on the 13st July 2023) do I have a better chance getting approved?

I had addressed my issue with the fraud which was due to gambling, I did improve myself and my character with personal and public domain proof. Setup business and I hire more that 60 people etc.

I am married to a BC who's also EU citizen and my child is BC.

Looking forward to hearing your views and advice.

Not sure your family history or their citizenship matters. What matters is if you had a custodial sentence or non-custodial sentence. So which is it? For how long? 20 months of what?

[MuhammadM86]

I have a criminal record in 2016 for 20 months due to fraud. I have had my settled status approved in 2021.
I have been living legally in the UK since 2010, I have been eligible for a while to apply for British Citizenship but never did as I was waiting for a 15 years to pass as per the old good character rules.

Taking into consideration the new Criminal (good character rules that was released on the 13st July 2023) do I have a better chance getting approved?

I had addressed my issue with the fraud which was due to gambling, I did improve myself and my character with personal and public domain proof. Setup business and I hire more that 60 people etc.

I am married to a BC who's also EU citizen and my child is BC.

Looking forward to hearing your views and advice.

Not sure your family history or their citizenship matters. What matters is if you had a custodial sentence or non-custodial sentence. So which is it? For how long? 20 months of what?

Thank you Ticktack,

I had a 20 months custodial sentence in March 2016 and I did 10 months in prison then 10 months on licence.
In 2017 I applied for ILR was refused due to criminality and had my status extended by 2 years (my status that time was a refugee status)
In 2019 I applied for Settled status as my wife is EU citizen and I was granted pre settled as my prison sentence broke my time in the UK, then in 2022 I applied for Settled status and was granted too.
When the Good Character rules have changed in 31st July 2023, I did think that it is the time to try and apply for BS as prior to that I was awaiting for 15 years to pass which would have been 2033.

I understand that my family status/citizenship doesn't change anything here but I was mentioning it as part of the story.

[Ticktack]

I have a criminal record in 2016 for 20 months due to fraud. I have had my settled status approved in 2021.
I have been living legally in the UK since 2010, I have been eligible for a while to apply for British Citizenship but never did as I was waiting for a 15 years to pass as per the old good character rules.

Taking into consideration the new Criminal (good character rules that was released on the 13st July 2023) do I have a better chance getting approved?

I had addressed my issue with the fraud which was due to gambling, I did improve myself and my character with personal and public domain proof. Setup business and I hire more that 60 people etc.

I am married to a BC who's also EU citizen and my child is BC.

Looking forward to hearing your views and advice.

Not sure your family history or their citizenship matters. What matters is if you had a custodial sentence or non-custodial sentence. So which is it? For how long? 20 months of what?

Thank you Ticktack,

I had a 20 months custodial sentence in March 2016 and I did 10 months in prison then 10 months on licence.
In 2017 I applied for ILR was refused due to criminality and had my status extended by 2 years (my status that time was a refugee status)
In 2019 I applied for Settled status as my wife is EU citizen and I was granted pre settled as my prison sentence broke my time in the UK, then in 2022 I applied for Settled status and was granted too.
When the Good Character rules have changed in 31st July 2023, I did think that it is the time to try and apply for BS as prior to that I was awaiting for 15 years to pass which would have been 2033.

I understand that my family status/citizenship doesn't change anything here but I was mentioning it as part of the story.

Even though you spent 10 months out on license, the system treats you as if you spent the 20 months inside. What is applicable to ILR stops at that point. Naturalisation is a different kettle of fish.
The update (31st of July) doesn't necessarily state that your sins are forgiven. I tend to lean towards the 15 years still. If you want to give it a gamble you can try. But not with certainty.

[contorted_svy]

Hi,

You should read the new version of the guidance you refer to https://assets.publishing.service.gov.u ... racter.pdf

I believe this may apply to you (page 12)

Custodial convictions
When considering custodial convictions, it is the whole sentence imposed by the
court that counts, not the time served by the person.
Where they have received a single custodial sentence of 12 months or more, or
consecutive sentences totalling 12 months or more, the application will normally be
refused. Where the person has received custodial sentences of less than 12 months,
you must consider whether they are of good character on the balance of
probabilities. For more information can be found at considering the balance of
probabilities.

It is probably best for you to speak to an immigration advisor as you received a custodial sentence of 20 months. From what it says here, even waiting until 2033 may not be enough in your case.

[MuhammadM86]

I have a criminal record in 2016 for 20 months due to fraud. I have had my settled status approved in 2021.
I have been living legally in the UK since 2010, I have been eligible for a while to apply for British Citizenship but never did as I was waiting for a 15 years to pass as per the old good character rules.

Taking into consideration the new Criminal (good character rules that was released on the 13st July 2023) do I have a better chance getting approved?

I had addressed my issue with the fraud which was due to gambling, I did improve myself and my character with personal and public domain proof. Setup business and I hire more that 60 people etc.

I am married to a BC who's also EU citizen and my child is BC.

Looking forward to hearing your views and advice.

Not sure your family history or their citizenship matters. What matters is if you had a custodial sentence or non-custodial sentence. So which is it? For how long? 20 months of what?

Thank you Ticktack,

I had a 20 months custodial sentence in March 2016 and I did 10 months in prison then 10 months on licence.
In 2017 I applied for ILR was refused due to criminality and had my status extended by 2 years (my status that time was a refugee status)
In 2019 I applied for Settled status as my wife is EU citizen and I was granted pre settled as my prison sentence broke my time in the UK, then in 2022 I applied for Settled status and was granted too.
When the Good Character rules have changed in 31st July 2023, I did think that it is the time to try and apply for BS as prior to that I was awaiting for 15 years to pass which would have been 2033.

I understand that my family status/citizenship doesn't change anything here but I was mentioning it as part of the story.

Even though you spent 10 months out on license, the system treats you as if you spent the 20 months inside. What is applicable to ILR stops at that point. Naturalisation is a different kettle of fish.
The update (31st of July) doesn't necessarily state that your sins are forgiven. I tend to lean towards the 15 years still. If you want to give it a gamble you can try. But not with certainty.

Thanks for that. Do you think that the 15 years still applies although the rules just changed on the 31st of July?
Also any idea why my Settled status didn't take into consideration the Good Character rules?

I think I am going to give it a try and see how it goes with some supporting documents and some mitigation including a covering letter.

[MuhammadM86]

Hi,

You should read the new version of the guidance you refer to https://assets.publishing.service.gov.u ... racter.pdf

I believe this may apply to you (page 12)

Custodial convictions
When considering custodial convictions, it is the whole sentence imposed by the
court that counts, not the time served by the person.
Where they have received a single custodial sentence of 12 months or more, or
consecutive sentences totalling 12 months or more, the application will normally be
refused. Where the person has received custodial sentences of less than 12 months,
you must consider whether they are of good character on the balance of
probabilities. For more information can be found at considering the balance of
probabilities.

It is probably best for you to speak to an immigration advisor as you received a custodial sentence of 20 months. From what it says here, even waiting until 2033 may not be enough in your case.

Hi contorted_svy

I did, and the advice was that with the new rules I may have a better chance as the 15 years doesn't apply anymore, but you are right, it could also be a no forever.

[contorted_svy]

I would also give a read to this https://immigrationbarrister.co.uk/upda ... -guidance/

If anything the new rules make it harder if you have a conviction and you have to demonstrate not only that you have not committed any more offences, but how you went out of your way to demonstrate you are of good character, eg volunteering.

I am not finding a reference to this 15 year period - what I remember (but it was before the rules changed) is that you had to not have committed immigration offences in the last 10 years, but that may be out of date now.

[contorted_svy]

Thanks for that. Do you think that the 15 years still applies although the rules just changed on the 31st of July?
Also any idea why my Settled status didn't take into consideration the Good Character rules?

I think I am going to give it a try and see how it goes with some supporting documents and some mitigation including a covering letter.

Settled status and citizenship are two different things. I wouldn't concern myself with why you were awarded Settled status in this instance but rather if you are eligible for citizenship given you have a conviction of more than 12 months.

[MuhammadM86]

I would also give a read to this https://immigrationbarrister.co.uk/upda ... -guidance/

If anything the new rules make it harder if you have a conviction and you have to demonstrate not only that you have not committed any more offences, but how you went out of your way to demonstrate you are of good character, eg volunteering.

I am not finding a reference to this 15 year period - what I remember (but it was before the rules changed) is that you had to not have committed immigration offences in the last 10 years, but that may be out of date now.

Thanks for that.
Yes the new rules for me makes it harder I totally understand that however it is now no longer needed to wait 15 years unlike the old rules.

Another barrister advised me that the rules that the immigration impose on the good character are only a guideline and not law where the law states that the convection is spent after 4 years. So if refused, can be challenged as there is clear guidelines on how to be of a good character but not on how you can improve you character if you damage it.

I also understand that citizenship is a privilege and not a compulsory thing, but you can't have a sentence for life for a mistake that you did when you an show that you have changed and improved, well not a free open life and law like in the UK.

[contorted_svy]

Unfortunately they make the rules and they decide who makes the cut. From my reading, it sounds that if there has ever been a custodial conviction (not within the last 15 years, as that time frame isn't mentioned) that is grounds for refusal unless you show how you have gone above and beyond and they decide to accept you have done enough. It is not enough for the conviction to be considered spent - there are many offences that don't lead to custodial conviction that would fall in that category, eg. fixed penalty notices. I would recommend talking to an immigration solicitor, pointing to this new guidance, and follow their advice, this government is cracking down with immigration quite a lot so I can't see them being lenient if they have the option not to be, and your case is clearly outlined as one to prompt rejection.


I read again the document I linked above, page 12 again, and I think this addresses your case:

Sentence-based thresholds for applications made before 31 July 2023
Where a decision is outstanding on an application made before 31 July 2023, the
person will normally be refused if they have received:
• a custodial sentence of at least 4 years
• a custodial sentence of at least 12 months but less than 4 years unless a period of
15 years has passed since the end of the sentence
• a custodial sentence of less than 12 months unless a period of 10 years has
passed since the end of the sentence
• a non-custodial sentence or out-of-court disposal that is recorded on their criminal
record which occurred in the 3 years prior to the date of application
In the case of non-custodial sentences and out-of-court disposals, if a person was
convicted within 3 years of submitting the application, but more than 3 years have
passed on the date the application is decided, the application must not be refused
solely on this basis. However, where there are other issues of concern, previous
offences may be considered relevant when considering good character as a whole.

So under the old rules you could have waited 15 years then applied - under the new rules the 15 year timeframe disappears and it seems to have changed to no longer being accepted.