Good Character - past declarations

[hoods24]

Hi, I hope I’m posting in the right place. I’m asking on behalf of my uncle who will be applying for naturalisation. He has worked while he had overstayed his visa, which was nearly 12 years ago. His 10 legal years will complete next year July. My question is that should he declare the illegal work even though it’s more than 10 years ago? Would it affect his application? Anyone else declared past breaches or convictions more than 10 years old and had any effect? Please I await your response. Many thanks

[Ferstergirl]

Hey! I declared 2 conviction in my application which I made this year. My first conviction was when I was a minor over 10 years ago and my second is as an adult about 7 years ago.

My application took 4.5 months and was approved.

I figured I’d just be honest and hope for the best. I’m sure the HO can find the information if the wanted it anyway.

Good luck to your uncle!!

[contorted_svy]

Hi, I hope I’m posting in the right place. I’m asking on behalf of my uncle who will be applying for naturalisation. He has worked while he had overstayed his visa, which was nearly 12 years ago. His 10 legal years will complete next year July. My question is that should he declare the illegal work even though it’s more than 10 years ago? Would it affect his application? Anyone else declared past breaches or convictions more than 10 years old and had any effect? Please I await your response. Many thanks

You should declare everything! Not declaring it would jeopardise your application even more as it would be seen like you have something to hide. This being said employment history is not necessary for naturalisation - all he needs to address is the overstayingThis is the new guidance https://assets.publishing.service.gov.u ... racter.pdf page 48


Lawful residence
An immigration breach relating to lawful residence includes:
• overstaying
• illegal entry
• absconding
• failing to comply with the requirements of the EEA Regulations 2016, as saved
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship
application were normally a reason for refusal of citizenship on the grounds of not
meeting the lawful residence requirement set out in section 4 and section 6 (read
with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If
the breach was in the 10-year period before a citizenship application, it was normally
grounds for refusal of citizenship on the basis of not meeting the good character
requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the
requirements for naturalisation and registration for British citizenship under sections
4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the
lawful residence requirement during the qualifying period without further enquiry
where they hold indefinite leave to enter or remain in the UK. This change
commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas
territory citizen.
To align with changes to the qualifying period, immigration breaches relating to
lawful residence may be disregarded when assessing good character during the 10-
year period prior to the application where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the
grant of settlement which might cast doubt on the decision
Therefore, applications where it remains appropriate to consider immigration
breaches relating to lawful residence, alongside other good character factors, may
include but are not limited to:
• where historic information has come to light which, had it been known at the time
of granting settlement, may have led to refusal
• where something occurred after the grant of settlement to indicate revocation of
that status may be appropriate
• applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example working in
breach of conditions, hiring illegal workers, or failure to observe reporting
requirements) must still be considered.
See naturalisation as British citizen by discretion (page 51)




So your uncle should be OK if he applies 10 years after his overstay was over. Better explain this in the cover letter rather than hoping the Home Office don't fund out - they most likely will.

[hoods24]

That’s great! Thank you both for your responses. Very helpful. Yes it’s best for him to declare the overstay period and illegal work. Thanks again.

[MuhammadM86]

Hey! I declared 2 conviction in my application which I made this year. My first conviction was when I was a minor over 10 years ago and my second is as an adult about 7 years ago.

My application took 4.5 months and was approved.

I figured I’d just be honest and hope for the best. I’m sure the HO can find the information if the wanted it anyway.

Good luck to your uncle!!

Hi Ferstergirl

Are you able to give details on your convection that you had 7 years please, is it custodial? what length?