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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

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amali
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Post by amali » Tue Oct 01, 2013 3:53 pm

the requirements of naturalization has changed. New form and guidance has arrived

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Post by Amber » Tue Oct 01, 2013 4:19 pm

I know, I am reviewing it now. Although, there is no change to the 3 year Bar for non-custodial sentences as I told you.
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Post by Derivaz » Tue Oct 01, 2013 4:28 pm

D4109125 wrote:I know, I am reviewing it now. Although, there is no change to the 3 year Bar for non-custodial sentences as I told you.
I take it that the new guide doesn't affect applications that were previously submitted, right?

I've had a look and it seems pretty similar anyway; didn't noticed any big changes, but i would imagine that the applications that were previously submitted will be checked against the previous rules.

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Post by Amber » Tue Oct 01, 2013 6:44 pm

Indeed, the guidance reflects the old guidance but for suspended sentences and some slight clarifications on out of court disposals. Still far from perfect.
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Post by Derivaz » Tue Oct 01, 2013 7:10 pm

D4109125 wrote:Indeed, the guidance reflects the old guidance but for suspended sentences and some slight clarifications on out of court disposals. Still far from perfect.
Yeah, I got the same impression; but don't you think that they intentionally keep it vague?

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Post by Amber » Tue Oct 01, 2013 7:13 pm

The whole immigration system is ambiguous, I don't think that is the intention I just think there are far too many rules and contradictory regulations. The authors of such Guidance more than likely have little to no practical experience.
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Post by Derivaz » Tue Oct 01, 2013 7:39 pm

D4109125 wrote:The whole immigration system is ambiguous, I don't think that is the intention I just think there are far too many rules and contradictory regulations. The authors of such Guidance more than likely have little to no practical experience.
I don't have experience with the Immigration system, but the BC rules are quite ambiguous and I think you are right the authors of the Guide probably don't have any practical experience....

But also if you email someone from the HO, their answers are always very ambiguous as well; it's hard to get a straight forward answer...

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Post by Amber » Tue Oct 01, 2013 9:10 pm

That's because many caseworkers don't understand the complex rules themselves.
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Post by Derivaz » Tue Oct 01, 2013 9:28 pm

D4109125 wrote:That's because many caseworkers don't understand the complex rules themselves.
That's the impression, I got, yeah; scary....

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Post by Amber » Tue Oct 01, 2013 9:29 pm

I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].
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Post by Derivaz » Tue Oct 01, 2013 9:35 pm

D4109125 wrote:I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].
Good character is one of the most confusing parts, I think.

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Post by tronca33 » Tue Oct 01, 2013 9:46 pm

So what we need to do now if we have filled old application?
I do not have a time to go looking again for my referees?
Im waiting for a NCS call.So can I provide old application???

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Post by Derivaz » Tue Oct 01, 2013 9:52 pm

tronca33 wrote:So what we need to do now if I have old application?
I do not have a time to go looking again for my referees?
Im waiting for a NCS call.So can I provide old application???
I think you have until the 28th of October to use the old form, but not 100% sure; maybe the gurus can confirm

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Post by Amber » Tue Oct 01, 2013 9:56 pm

The new form should be used from now. Section 5 for referees is the same so just pop the old one into the new one.
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Post by Derivaz » Tue Oct 01, 2013 10:01 pm

D4109125 wrote:The new form should be used from now. Section 5 for referees is the same so just pop the old one into the new one.
I just found this on the UKBA website: http://www.ukba.homeoffice.gov.uk/sitec ... rm-changes

It says that they will accept the previous version until the 22nd of October, but I'm not sure if it's just for immigration or if it also refers to the BC form.....

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Post by Amber » Tue Oct 01, 2013 10:08 pm

Unfortunately, only immigration applications benefit from the 21 day concession.
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Post by Derivaz » Tue Oct 01, 2013 10:16 pm

D4109125 wrote:Unfortunately, only immigration applications benefit from the 21 day concession.
Ah OK, but imagine someone has an appointment with the NCS to apply tomorrow..... I guess they have to cancel and rebook...

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Post by Amber » Tue Oct 01, 2013 10:21 pm

I imagine the NCS will help them complete a new form. Moreover, I think the old one would still be acceptable.
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Post by Derivaz » Tue Oct 01, 2013 10:23 pm

D4109125 wrote:I imagine the NCS will help them complete a new form. Moreover, I think the old one would still be acceptable.
I hope so....

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Post by tronca33 » Tue Oct 01, 2013 10:40 pm

D4109125 wrote:The new form should be used from now. Section 5 for referees is the same so just pop the old one into the new one.
There are more pages now and everything its moving.
But I find this:
You should use the new forms if you apply on or after 1 October 2013. However, we will continue to accept applications made on previous versions of these forms up to and including 22nd October 2013.
I hope can be like this because I have all ready,just waiting for app.from NCS.

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Post by Derivaz » Tue Oct 01, 2013 10:48 pm

tronca33 wrote:
D4109125 wrote:The new form should be used from now. Section 5 for referees is the same so just pop the old one into the new one.
There are more pages now and everything its moving.
But I find this:
You should use the new forms if you apply on or after 1 October 2013. However, we will continue to accept applications made on previous versions of these forms up to and including 22nd October 2013.
I hope can be like this because I have all ready,just waiting for app.from NCS.
Amber said that only applies to immigration, not BC; I think the safest thing to do is to use the new form, but keep the referee page from the old form; since that didn't change....

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Post by Tuvoc » Tue Oct 01, 2013 11:21 pm

D4109125 wrote:I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].
Yes, I just spotted this myself. A bit of a shocker.

Does the filtering process not apply to Home Office criminal record searches now ? i.e, will cautions older than 6 years be provided to them ? So everything must be declared, no matter how old ?

In relation to this I spotted recently:

"The most notable change was the way in which the Home Office assesses good character in relation to criminal convictions held by applicants for settlement and naturalisation. Immigration and nationality decisions are now exempt from s4 of the Rehabilitation of Offenders Act (ROA) 1974"

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Post by Derivaz » Wed Oct 02, 2013 11:52 am

Tuvoc wrote:
D4109125 wrote:I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].
Yes, I just spotted this myself. A bit of a shocker.

Does the filtering process not apply to Home Office criminal record searches now ? i.e, will cautions older than 6 years be provided to them ? So everything must be declared, no matter how old ?

In relation to this I spotted recently:

"The most notable change was the way in which the Home Office assesses good character in relation to criminal convictions held by applicants for settlement and naturalisation. Immigration and nationality decisions are now exempt from s4 of the Rehabilitation of Offenders Act (ROA) 1974"
FPNs like on the spot driving tickets don't need to be declared, do they? unless they took place in the last 12 months?
Last edited by Derivaz on Wed Oct 02, 2013 3:57 pm, edited 2 times in total.

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Post by Amber » Wed Oct 02, 2013 3:48 pm

If you have Points on your licence your counterpart should be included.
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Post by Derivaz » Wed Oct 02, 2013 4:18 pm

Tuvoc wrote:
D4109125 wrote:I recommended some changes regarding criminality i.e. that the form did not ask the applicant about cautions even though these would be a bar for 3 years and if not declared could be considered deception and a 10 year ban and also some changes regarding sexual offences. To my shock they have changed the new form (click) [section 3].
Yes, I just spotted this myself. A bit of a shocker.

Does the filtering process not apply to Home Office criminal record searches now ? i.e, will cautions older than 6 years be provided to them ? So everything must be declared, no matter how old ?

In relation to this I spotted recently:

"The most notable change was the way in which the Home Office assesses good character in relation to criminal convictions held by applicants for settlement and naturalisation. Immigration and nationality decisions are now exempt from s4 of the Rehabilitation of Offenders Act (ROA) 1974"
did you ask the NCS to phone the HO and ask them?

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