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British Citizenship – Good Character Requirement FAQs

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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london2tim
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Re: British Citizenship – Good Character Requirement FAQs

Post by london2tim » Thu Jan 28, 2016 3:21 pm

I too agree with my fellow forumists

There is 0.001% chances he will get naturalised at this point. From your initial post your husband has outstayed his visa and used while here an illegal document.
You were lucky a court has granted your appeal and you obtained ILR
the ILR - will give your husband freedom and rights in UK almost like any other British Citizens (with few exceptions as right to vote, be elected or serve in Army, Civil Servant etc)
It doesnt help a lot when it comes to travelling outside UK as he still holds an Egyptian passport - but that is in my opinion an effect of each country nationality law (some passports give u access to 170 countries some to 50 etc)
He will be able to leave and return to UK without an issue - it is the destination country that will always pose an issue - so maybe try holidaying within EU and more friendly countries
Im sure he is keen to travel freely but considering his history I think he needs to be a bit more realistic
To add to what: you took HO into court - and they hold a grudge against these sort of events - for a long time
As Citizenship is not a right (like ILR) where a court can force them to release the visa - but its exclusively at the HO discretion - they can deny the application at any time - even after 10 or 25 years because you took them into court.

The best way with this is the let time flow and dust gather before trying to re-open fresh wounds

Katron
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Re: British Citizenship – Good Character Requirement FAQs

Post by Katron » Fri Jan 29, 2016 9:59 am

london2tim wrote:I too agree with my fellow forumists

There is 0.001% chances he will get naturalised at this point. From your initial post your husband has outstayed his visa and used while here an illegal document.
You were lucky a court has granted your appeal and you obtained ILR
the ILR - will give your husband freedom and rights in UK almost like any other British Citizens (with few exceptions as right to vote, be elected or serve in Army, Civil Servant etc)
It doesnt help a lot when it comes to travelling outside UK as he still holds an Egyptian passport - but that is in my opinion an effect of each country nationality law (some passports give u access to 170 countries some to 50 etc)
He will be able to leave and return to UK without an issue - it is the destination country that will always pose an issue - so maybe try holidaying within EU and more friendly countries
Im sure he is keen to travel freely but considering his history I think he needs to be a bit more realistic
To add to what: you took HO into court - and they hold a grudge against these sort of events - for a long time
As Citizenship is not a right (like ILR) where a court can force them to release the visa - but its exclusively at the HO discretion - they can deny the application at any time - even after 10 or 25 years because you took them into court.

The best way with this is the let time flow and dust gather before trying to re-open fresh wounds
I understand we were relatively lucky in having our spouse visa appeal granted however the HO made basic mistakes in the reasons given for his initial refusal the example I gave in my initial post of banning a spouse for 10 years is against their own rules.

At our appeal the rep from the HO was late, had not looked at our file and disappeared for an hour when we had a 10 minute break - no doubt her lack of respect for the judge helped in our favour however the judge was extremely thorough and didn't hold back in his opinions, we didn't get off lightly if that's what you think?! The Judge did take into account that we had now been living apart for almost 3 years - aside from the odd visit by me when I could get leave from work - yet were still in a subsisting marriage. To illustrate how thorough he was, I was in court for 4 hours 45 minutes in total, not including the hour waiting for the HO rep!

After our appeal was granted the HO again make a mistake in trying to appeal against that decision on the basis that our marriage certificate was not valid. Their appeal was refused as (in the second Judge's abridged words) "the validity of the marriage certificate is a matter of fact and not of law.... it can not be argued".

Our appeal was granted overall on various reasons, including how at the time the HO advice was that if you had overstayed etc then in order to regularise your stay you had to apply from outside the UK. The overstaying would still be taken into account but its impact lessened. The judge believed that we had done everything to try and make amends for past errors and followed the advice given. If they were to refuse entry to everyone who followed this advice then it would make their advice invalid as people would choose instead to stay and "disappear" rather than risk being separated from their families/partners.

I put the basics of our situation in my initial post, I did not disclose everything that had happened, why he used a f a k e ID? Why he overstayed etc all of which was in our application for spouse visa and aired in court.

To suggest that because we appealed a visa refusal, any application for Citizenship will be hindered further I find a little bit presumptuous - unless of course we get the same rep who sat in on the appeal hearing looking at the application... that would be fun... She was doing her job (when she was present) but she was also quite openly dearly beloved, some of her words for my Arab Husband were rather "choice" both in and out of the courtroom!

Thank you all for your advice and opinions... We're going to be filling in the info request this weekend - just have to find the 6 or 7 reference numbers they have on him now! :? :roll: :lol:

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CR001
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Re: British Citizenship – Good Character Requirement FAQs

Post by CR001 » Fri Jan 29, 2016 10:12 am

To suggest that because we appealed a visa refusal, any application for Citizenship will be hindered further I find a little bit presumptuous - unless of course we get the same rep who sat in on the appeal hearing looking at the application... that would be fun... She was doing her job (when she was present) but she was also quite openly dearly beloved, some of her words for my Arab Husband were rather "choice" both in and out of the courtroom!\
No one is suggesting anything about your appeal. You had appeal rights and used them and won. The appeal rights have been massively scaled back and in come cases withdrawn from certain visa categories in the last year and I suspect this is what the other poster was trying to convey.

Immigration rules and Nationality Laws are two very different sets of things. Citizenship is a privilege not a right and you can't appeal a refused citizenship application. Your husband will certainly face a refusal on a number of points, based on what you have posted regarding his time before legalising his stay.
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Casa
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Re: British Citizenship – Good Character Requirement FAQs

Post by Casa » Fri Jan 29, 2016 10:33 am

avjones wrote:That is an absolutely bizarre thing to do, and my apologies to the previous poster for suggesting it was her coyness!
It's due to the fact that many spammers attempt to sell F A K E documents on the forum before moderators are able to ban them and remove their posts. Therefore the auto-change means it will read 'bad quality' documents...which doesn't appear so appealing to anyone thinking of paying for them. :|
Good quality documents will also change to 'rubbish' quality
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Katron
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Re: British Citizenship – Good Character Requirement FAQs

Post by Katron » Fri Jan 29, 2016 10:39 am

CR001 wrote:
To suggest that because we appealed a visa refusal, any application for Citizenship will be hindered further I find a little bit presumptuous - unless of course we get the same rep who sat in on the appeal hearing looking at the application... that would be fun... She was doing her job (when she was present) but she was also quite openly dearly beloved, some of her words for my Arab Husband were rather "choice" both in and out of the courtroom!\
No one is suggesting anything about your appeal. You had appeal rights and used them and won. The appeal rights have been massively scaled back and in come cases withdrawn from certain visa categories in the last year and I suspect this is what the other poster was trying to convey.

Immigration rules and Nationality Laws are two very different sets of things. Citizenship is a privilege not a right and you can't appeal a refused citizenship application. Your husband will certainly face a refusal on a number of points, based on what you have posted regarding his time before legalising his stay.
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!
Believe me we know how lucky we are, but we definitely paid for the past, especially emotionally! :D
I will try to remember to post an update/new thread(?) if we get a response on our info request in case there are others in a similar situation weighing up their chances/risks if their past has a similar blot on it.

Thanks again for your responses and advice, we both appreciate it :)

london2tim
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Re: British Citizenship – Good Character Requirement FAQs

Post by london2tim » Fri Jan 29, 2016 12:01 pm

Katron wrote:
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!
Believe me we know how lucky we are, but we definitely paid for the past, especially emotionally! :D
I will try to remember to post an update/new thread(?) if we get a response on our info request in case there are others in a similar situation weighing up their chances/risks if their past has a similar blot on it.

Thanks again for your responses and advice, we both appreciate it :)
I wasnt trying to tell you off
I was trying to gently tell you that Visa and Citizenship are 2 VERY different things
Just because you had the right to appeal (against the HO) and be given the ILR (most likely on the basis of being married and having the family torn apart by a refusal) that doesnt mean you can use the same argument when applying for AN and expect the HO will kindly just forget you took them into court

It doesnt matter who was their representative - any contact you have with HO is saved against your record -everyone in this country has record file with HO - so it doesnt need to be the same person dealing with your application to see you've appealed against them - any case worker who will access your husband file will see that - and if you read thru all the post on this board you will see people being denied for some crazily silly-non-offensive reasons

Citizenship is 100% at the discretion of home office and no judicial court or MP or even the queen can overtake the HO decision (of course I assume if the queen asked for a favour they wont say no to her). This is why there is no appeal but only reconsideration.
Im sorry if I sound cross but i think even you know there are slim chances - but because of your past experience where u managed to over-rule a HO decision you think this will again be possible
but its not - so maybe save that 1000 pounds to go on nice holiday you said you need so badly ...
You also said your husband overstayed and used f@ke visa/passport - that is a criminal offence - I find it a bit overly-confident he would consider applying for Citizenship already and you think this is excusable and a thing of the past (or as you say: we paid our dues)
The law is law: you want to be a citizen of this country - make sure you've respected them
Anyone has a right to second chance but we shouldn't push our luck

Katron
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Re: British Citizenship – Good Character Requirement FAQs

Post by Katron » Fri Jan 29, 2016 3:13 pm

london2tim wrote:
Katron wrote:
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!
Believe me we know how lucky we are, but we definitely paid for the past, especially emotionally! :D
I will try to remember to post an update/new thread(?) if we get a response on our info request in case there are others in a similar situation weighing up their chances/risks if their past has a similar blot on it.

Thanks again for your responses and advice, we both appreciate it :)
I wasnt trying to tell you off
I was trying to gently tell you that Visa and Citizenship are 2 VERY different things
Just because you had the right to appeal (against the HO) and be given the ILR (most likely on the basis of being married and having the family torn apart by a refusal) that doesnt mean you can use the same argument when applying for AN and expect the HO will kindly just forget you took them into court

It doesnt matter who was their representative - any contact you have with HO is saved against your record -everyone in this country has record file with HO - so it doesnt need to be the same person dealing with your application to see you've appealed against them - any case worker who will access your husband file will see that - and if you read thru all the post on this board you will see people being denied for some crazily silly-non-offensive reasons

Citizenship is 100% at the discretion of home office and no judicial court or MP or even the queen can overtake the HO decision (of course I assume if the queen asked for a favour they wont say no to her). This is why there is no appeal but only reconsideration.
Im sorry if I sound cross but i think even you know there are slim chances - but because of your past experience where u managed to over-rule a HO decision you think this will again be possible
but its not - so maybe save that 1000 pounds to go on nice holiday you said you need so badly ...
You also said your husband overstayed and used f@ke visa/passport - that is a criminal offence - I find it a bit overly-confident he would consider applying for Citizenship already and you think this is excusable and a thing of the past (or as you say: we paid our dues)
The law is law: you want to be a citizen of this country - make sure you've respected them
Anyone has a right to second chance but we shouldn't push our luck
As I said before, I didn't state all the facts just the ones that mattered for our question. Don't assume there was a f a k e passport involved here please, as that definitely wasn't the case.
You do sound cross, but I have no idea why. Were you the HO rep at the appeal hearing?!? :lol: (joke!!)
I don't honestly believe it would be the same person looking at his application or that you are them, etc I was just trying to add some humour to the situation. If its a choice to laugh or cry in any situation I would rather laugh to be honest with you!
Just wanted to add that the Judge added in his closing write-up that our appeal shouldn't have had to happen in the first place due to the circumstances of why the ID was used, why he overstayed and as we followed their advice and had him leave the country voluntarily to regularise his stay and were completely honest in our application, among other reasons I'm not going to go into here.

I know Citizenship is not a right, I simply wanted to get some advice on when people would think the 10 year period would expire in his case and to get some idea as to his chances if he were to apply now, given his history. I wasn't sure if outcomes of appeals for previous visas had any influence on the effect of historic events. I know now!
The best thing (and I didn't know this was available until all the responses) will be for us to request his information straight from the horses mouth so to speak.

Again, thank you all for your responses, even if some have been a bit pointy in parts :D

All the Best,

KT

ortheus
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Re: British Citizenship – Good Character Requirement FAQs

Post by ortheus » Mon Feb 01, 2016 12:51 pm

Hi,

The application is for my son who is 5 years old and who was born in the UK. The parents got their ILR in July 2015.

I have two signatures of 'good character' requirement but the signatures are dated November 2015 and December 2015. Is it still OK to apply this month or do I need to update the signatures with a more recent date? I could not find the requirement about it in the guidance.

Regards,
Stanislav

noajthan
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Re: British Citizenship – Good Character Requirement FAQs

Post by noajthan » Mon Feb 01, 2016 1:08 pm

ortheus wrote:Hi,

The application is for my son who is 5 years old and who was born in the UK. The parents got their ILR in July 2015.

I have two signatures of 'good character' requirement but the signatures are dated November 2015 and December 2015. Is it still OK to apply this month or do I need to update the signatures with a more recent date? I could not find the requirement about it in the guidance.

Regards,
Stanislav
Referees signatures have a 6 month shelf life.

See HO guidance on this matter:
https://www.gov.uk/government/uploads/s ... 6_v5_0.pdf
- ref 6.3.7.2 (page 12)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Re: British Citizenship – Good Character Requirement FAQs

Post by noajthan » Mon Feb 01, 2016 1:12 pm

Katron wrote:...

I know Citizenship is not a right, I simply wanted to get some advice on when people would think the 10 year period would expire in his case and to get some idea as to his chances if he were to apply now, given his history. I wasn't sure if outcomes of appeals for previous visas had any influence on the effect of historic events. I know now!
The best thing (and I didn't know this was available until all the responses) will be for us to request his information straight from the horses mouth so to speak.

Again, thank you all for your responses, even if some have been a bit pointy in parts :D

All the Best,
KT
fyi - In relation to citizenship, you can read the HO guidance on its good character requirements/test to see how a caseworker will (currently) assess any application:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

suka1989
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Re: British Citizenship – Good Character Requirement FAQs

Post by suka1989 » Wed Feb 03, 2016 11:02 pm

Do you need to declare arrests which did not amount to conviction or caution or a sentence.

a friend was stopped on the street and found with small dose of cannbais, given fine of £90 but no criminal record? should declare or not as it was 2013

noajthan
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Re: British Citizenship – Good Character Requirement FAQs

Post by noajthan » Wed Feb 03, 2016 11:08 pm

suka1989 wrote:Do you need to declare arrests which did not amount to conviction or caution or a sentence.

a friend was stopped on the street and found with small dose of cannbais, given fine of £90 but no criminal record? should declare or not as it was 2013
Kindly refrain from making multiple posts of same question in different threads.

Your question has already been answered here:
http://www.immigrationboards.com/britis ... 02372.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

avjones
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Re: British Citizenship – Good Character Requirement FAQs

Post by avjones » Sat Feb 06, 2016 1:44 am

london2tim wrote: Citizenship is 100% at the discretion of home office and no judicial court or MP or even the queen can overtake the HO decision (of course I assume if the queen asked for a favour they wont say no to her). This is why there is no appeal but only reconsideration.
That isn't true. Nationality decisions are subject to judicial review! I've done several.

BUT. They aren't easy to win. Because the guidance the Home Office has issued about how it approaches good character is not in itself unlawful. The Home Office is entitled to take a view on what good character means.

They can't do merrily precisely what they want, though. Their actions must still be lawful.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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Re: British Citizenship – Good Character Requirement FAQs

Post by imi99999 » Sat Feb 06, 2016 8:31 am

Manag wrote:Hello everyone,
I applied for my naturalisation 2 days ago but I found out yesterday that I had one verbal caution back on 01.01.2012,I didn't mention this one on my form and I totally forgot about this one and I didn't recieve any letter or fine but it's still in my history which one I got yesterday can anyone please help me what should I do now please please help me I'm panicking
Thanks in advance
I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered

imi99999
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Re: British Citizenship – Good Character Requirement FAQs

Post by imi99999 » Sat Feb 06, 2016 9:22 am

I am applying for naturalisation in March
I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered

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Re: British Citizenship – Good Character Requirement FAQs

Post by ohara » Sat Feb 06, 2016 10:22 am

imi99999 wrote:I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered
Unless he formally cautioned you, then no, it won't have even been recorded. Did you get any paperwork from him or hear anything afterwards?

By the way, I suggest having a read of the highway code, specifically the traffic light signals part.

https://www.gov.uk/guidance/the-highway ... ng-traffic

Many people are unaware that amber actually means stop. :)

imi99999
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Re: British Citizenship – Good Character Requirement FAQs

Post by imi99999 » Sat Feb 06, 2016 10:56 am

ohara wrote:
imi99999 wrote:I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered
Unless he formally cautioned you, then no, it won't have even been recorded. Did you get any paperwork from him or hear anything afterwards?

By the way, I suggest having a read of the highway code, specifically the traffic light signals part.

https://www.gov.uk/guidance/the-highway ... ng-traffic

Many people are unaware that amber actually means stop. :)
No! I did not receive any thing and they never said that they are going to do any thing. It was just verbal advice to be careful.
Funny enough you send me a link of highway code, after that I became London bus driver in 2011 and now I am a traffic officer in London Go Ahead

danish6889
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Re: British Citizenship – Good Character Requirement FAQs

Post by danish6889 » Sat Feb 06, 2016 11:28 pm

hi guys really need some help.
in 2007 i was given 3 points on my provisional licence due to driving without full licence. also in 2008 i again received 3 points on my provisional for driving without insurance. none of the time i went to court. i got stopped by police and they told me to send my licence for points which i did both of times.
will i have any problem in my naturalisation application good character requirements.

blue123
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Re: British Citizenship – Good Character Requirement FAQs

Post by blue123 » Mon Feb 08, 2016 10:01 pm

My naturalisation was refused on the grounds that I declared I was working before I was I was granted asylum therefore I do not satisfy the criteria chapter 18annex d paragraph 9.7c the nationality instructions which turn out to be the new guidance being used.

Before I was granted asylum I was an overstayed. I have been told I need to reapply in 2019 this would be ten years were I would have been free of any immigration restriction.

Do I have grounds to ask for a reconsideration.
Can anyone help

foufou
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Re: British Citizenship – Good Character Requirement FAQs

Post by foufou » Mon Feb 08, 2016 10:23 pm

blue123 wrote:My naturalisation was refused on the grounds that I declared I was working before I was I was granted asylum therefore I do not satisfy the criteria chapter 18annex d paragraph 9.7c the nationality instructions which turn out to be the new guidance being used.

Before I was granted asylum I was an overstayed. I have been told I need to reapply in 2019 this would be ten years were I would have been free of any immigration restriction.

Do I have grounds to ask for a reconsideration.
Can anyone help
sorry to hear about your refusal , how long you been overstayed ? how you declared that you was working ?

Rassel
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Re: British Citizenship – Good Character Requirement FAQs

Post by Rassel » Mon Feb 08, 2016 11:27 pm

I declared I was working before I was granted asylum? :shock: But why you did? :?:
Some time overstay will lawful but if working illegal there is no choice


blue123 wrote:My naturalisation was refused on the grounds that I declared I was working before I was I was granted asylum therefore I do not satisfy the criteria chapter 18annex d paragraph 9.7c the nationality instructions which turn out to be the new guidance being used.

Before I was granted asylum I was an overstayed. I have been told I need to reapply in 2019 this would be ten years were I would have been free of any immigration restriction.

Do I have grounds to ask for a reconsideration.
Can anyone help

blue123
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Re: British Citizenship – Good Character Requirement FAQs

Post by blue123 » Mon Feb 08, 2016 11:33 pm

On the application form you are asked if you were employed and any checks would have shown my tax goes back forever so a bit point less to lie.

Rassel
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Re: British Citizenship – Good Character Requirement FAQs

Post by Rassel » Mon Feb 08, 2016 11:46 pm

But how they know, coz you haven't NI number
without NI they can't track you isn't it?
But if use NI without work permit, then better to apply as they mention.
Coz you already breaking the immigration rule.
blue123 wrote:On the application form you are asked if you were employed and any checks would have shown my tax goes back forever so a bit point less to lie.

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Re: British Citizenship – Good Character Requirement FAQs

Post by babe_khyber » Tue Feb 09, 2016 2:27 am

Sorry to heard for your refusal. How long you were waiting for decision? When did you applied? I mean before the new rule's is effect or after the new rule's? The reason I am asking because I am one off the oldest applicant who applied Naturalisation application back in February 2014 and still waiting for decision even I didn't breach any Immigration rules in the past residency. I am also confused about the English requirements for new applicant. If they asked for new B1 then may taking more time to decide. Anyway the home office was asked after 2 year just some questions about my residency during asylum period prior to granted leave as refugee status in 2007. Which is I declare I was supported by NASS that time. I have sent off the proof of evidence on 20 January 2016. And now finger crossed.
All the best.
Babe khyber

foufou
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Re: British Citizenship – Good Character Requirement FAQs

Post by foufou » Tue Feb 09, 2016 11:24 am

blue123 wrote:On the application form you are asked if you were employed and any checks would have shown my tax goes back forever so a bit point less to lie.
if all overstayed migrants declared about their working history , no one will be British :D :D even if u don't declared it you only get same 10 years ban but just if they find out so I think is point less if u say the truth

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