Good Character - Citizenship - When can I apply

[MuhammadM86]

Dear all

My immigration history as below, will you kindly help me to understand when I can apply for citizenship taking into consideration the new release of the Good Character requirement's on the 31st of July 2023.

2010 - I arrive in the UK on student Visa
2012 - I get granted asylum valid to 2017
2016 - I get 20 months imprisonment sentence for fraud. 10 months in jail and 10 out on licence. Reason for the fraud was gambling.
2017 - I apply for ILR and get refused due to criminality and the Good Character requirements, my refugee status get renewed for a further 2 years. Valid until 2020.
2019 - I apply for EU settled status as my wife is EU citizen and got pre-settled status in 2020, reason not settled as the prison did break my residence in the UK.
2022 - I apply for EU Settled status again and it is granted.

Since 2017 upon my release from prison, I did treat my gambling addiction and I have proof of treatment. I did also change my character and set up businesses that employ more than 60 members of staff, basically I am on the right path right now.

When will I be able to apply for British Citizenship.

Thank you for your help in advance.

[contorted_svy]

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

[MuhammadM86]

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

Hi
Yes I have and the advice is to apply as the new requirement doesn't clarify my case, It says application will be refused for any criminal records above 12 months of imprisonment, hence my confusion. Does this mean that I can't apply anymore for British Citizenship? As per the old guidelines I could have done once 15 years have passed but my question is What now?

[AmazonianX]

Dear all

My immigration history as below, will you kindly help me to understand when I can apply for citizenship taking into consideration the new release of the Good Character requirement's on the 31st of July 2023.

2010 - I arrive in the UK on student Visa
2012 - I get granted asylum valid to 2017
2016 - I get 20 months imprisonment sentence for fraud. 10 months in jail and 10 out on licence. Reason for the fraud was gambling.
2017 - I apply for ILR and get refused due to criminality and the Good Character requirements, my refugee status get renewed for a further 2 years. Valid until 2020.
2019 - I apply for EU settled status as my wife is EU citizen and got pre-settled status in 2020, reason not settled as the prison did break my residence in the UK.
2022 - I apply for EU Settled status again and it is granted.

Since 2017 upon my release from prison, I did treat my gambling addiction and I have proof of treatment. I did also change my character and set up businesses that employ more than 60 members of staff, basically I am on the right path right now.

When will I be able to apply for British Citizenship.

Thank you for your help in advance.

You do have an existing topic about this, stick to it.

[MuhammadM86]

Dear all

My immigration history as below, will you kindly help me to understand when I can apply for citizenship taking into consideration the new release of the Good Character requirement's on the 31st of July 2023.

2010 - I arrive in the UK on student Visa
2012 - I get granted asylum valid to 2017
2016 - I get 20 months imprisonment sentence for fraud. 10 months in jail and 10 out on licence. Reason for the fraud was gambling.
2017 - I apply for ILR and get refused due to criminality and the Good Character requirements, my refugee status get renewed for a further 2 years. Valid until 2020.
2019 - I apply for EU settled status as my wife is EU citizen and got pre-settled status in 2020, reason not settled as the prison did break my residence in the UK.
2022 - I apply for EU Settled status again and it is granted.

Since 2017 upon my release from prison, I did treat my gambling addiction and I have proof of treatment. I did also change my character and set up businesses that employ more than 60 members of staff, basically I am on the right path right now.

When will I be able to apply for British Citizenship.

Thank you for your help in advance.

You do have an existing topic about this, stick to it.

Certainly, sorry if this bothers you or am I breaking the rules?

[AmazonianX]

Orderliness.

announcements/multiple-posts-will-be-lo ... t5722.html

[MuhammadM86]

Orderliness.

announcements/multiple-posts-will-be-lo ... t5722.html

Didn't know that, my apologies

[contorted_svy]

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

Hi
Yes I have and the advice is to apply as the new requirement doesn't clarify my case, It says application will be refused for any criminal records above 12 months of imprisonment, hence my confusion. Does this mean that I can't apply anymore for British Citizenship? As per the old guidelines I could have done once 15 years have passed but my question is What now?

As I said to you a few days ago, from my interpretation I don't think your application would be accepted under the new rules. If an immigration advisor says otherwise (making sure they see everything on there) then you get to pick which advice you follow. The HO has just changed heads anyway, so maybe if you wait a bit longer (you were going to have to wait 15 years under the old rules anyway) rules on good character could change again.

[MuhammadM86]

You have already asked this question - have you spoken to a solicitor? the new rules seem to state that the old requirement to wait 15 years since the last conviction was spent is no longer valid.

Hi
Yes I have and the advice is to apply as the new requirement doesn't clarify my case, It says application will be refused for any criminal records above 12 months of imprisonment, hence my confusion. Does this mean that I can't apply anymore for British Citizenship? As per the old guidelines I could have done once 15 years have passed but my question is What now?

As I said to you a few days ago, from my interpretation I don't think your application would be accepted under the new rules. If an immigration advisor says otherwise (making sure they see everything on there) then you get to pick which advice you follow. The HO has just changed heads anyway, so maybe if you wait a bit longer (you were going to have to wait 15 years under the old rules anyway) rules on good character could change again.

Agreed, but would change of head improve the good character, it has always toughened up.
My questions at this stage, when can I apply? as per the old guideline I needed to wait 15 years, as per the new guideline there is not waiting time, does that mean I won't get it ever?

[contorted_svy]

As I said before, from my interpretation of the current rule, your application would always be rejected. Rules have changed in different directions recently - there is a bit more leniency on overstaying than there was before. Ultimately it is your decision, you can read the guidance yourself and speak to a solicitor, I only gave you my reading.

[alterhase58]

"Change of head" - you mean the new Home Secretary.
It will take ages before he will start working on "Good Character" regulations, in my view. They have lots to do.

[MuhammadM86]

"Change of head" - you mean the new Home Secretary.
It will take ages before he will start working on "Good Character" regulations, in my view. They have lots to do.

I think this is what "contorted_svy" meant yes

[contorted_svy]

"Change of head" - you mean the new Home Secretary.
It will take ages before he will start working on "Good Character" regulations, in my view. They have lots to do.

Ah for sure there's always plenty to do, but ultimately it's up to them and this rule change doesn't seem to favourable for OP's case, so I see no harm in waiting.

[MuhammadM86]

As I said before, from my interpretation of the current rule, your application would always be rejected. Rules have changed in different directions recently - there is a bit more leniency on overstaying than there was before. Ultimately it is your decision, you can read the guidance yourself and speak to a solicitor, I only gave you my reading.

I get your stand point but I think I’ll go ahead and apply with my mitigating circumstances and see what comes up. I wanted to see what the experts views on my case before I apply hence my post. Thank you

[Casa]

The following is an exert from the HO official guidance for Case Workers:
Exceptional or other circumstances
You must consider the relevance of particular circumstances in a person’s life when
they committed the offence(s).
Other mitigating factors
You must also consider whether the applicant has demonstrated genuine,
meaningful attempts to change their behaviour and comply with the law that may
indicate, on a balance of probabilities, they are now considered to be of good
character despite earlier offending. A long period of time with no offending will be a
more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of
good character. For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the
offending, such as (but not limited to) treatments aimed at reduction of alcohol
consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the
reduction of crime
The list of factors is indicative, not exhaustive:


https://assets.publishing.service.gov.u ... racter.pdf

Demonstrating the above may well be your best way forward.

[MuhammadM86]

The following is an exert from the HO official guidance for Case Workers:
Exceptional or other circumstances
You must consider the relevance of particular circumstances in a person’s life when
they committed the offence(s).
Other mitigating factors
You must also consider whether the applicant has demonstrated genuine,
meaningful attempts to change their behaviour and comply with the law that may
indicate, on a balance of probabilities, they are now considered to be of good
character despite earlier offending. A long period of time with no offending will be a
more positive factor than a short period of time.
An applicant may have also been involved in activities that indicate they may be of
good character. For example, they may have,
• engaged with programmes or activities aimed at addressing the cause of the
offending, such as (but not limited to) treatments aimed at reduction of alcohol
consumption, or drug dependency or anger management courses
• actively engaged with voluntary work, charity work, or actively promoted the
reduction of crime
The list of factors is indicative, not exhaustive:


https://assets.publishing.service.gov.u ... racter.pdf

Demonstrating the above may well be your best way forward.

Thanks Casa, I have done almost all of that, my issue was with Gambling and I have treated that for sure, I have now a covering letter ready for my application to demonstrate and show what I have done, above all I now have a family to care for with kids as well as since 2017 I have setup a business that employ over 60 people, I have all of my mitigating circumstance in place and ready, I am going to go ahead and apply.

I genuinely appreciate posting the above for me, surely it has given me some insights. We all do mistakes in life, some we get great punishment for and some we don't but we all deserve a second chance.

[Casa]

I hope it all works out well for you.