British Citizenship – Good Character Requirement FAQs

[Derivaz]

You would need to send proof that you had ILR at the time of the child's birth (assuming the child was born in the UK) this could be shown with the BRP. Grandparent's details are not required if the application is not based on this. You can fill in the details if you know them, if not just wrote unknown.

The congestion charge should be a PCN. The other will also be a PCN unless stated otherwise.

rashidkhan said something that sounds a bit unusual; (s)he was fined for having an uninsured car parked in the garage? obviously driving an uninsured car is illegal, but if it's parked, can you actually get fined for that?

That's right, I was shocked as well and have emailed dvla about my situation and waiting for response but apparently you have to declare "statutory off the road notice" or SORN and as I couldn't do that since I was selling my car (declaring SORN cancels car tax as well) I got their letter that I now have been fined £100 & if I pay early then its £50! Its so unfair

Ah, I get you; it's because you didn't declare it off the road, but can't you do that and then the new owner will register it for taxes again?

£100 is nothing, but it's not good to have fines or stuff like that in your name...

[neoseal]

You would need to send proof that you had ILR at the time of the child's birth (assuming the child was born in the UK) this could be shown with the BRP. Grandparent's details are not required if the application is not based on this. You can fill in the details if you know them, if not just wrote unknown.

The congestion charge should be a PCN. The other will also be a PCN unless stated otherwise.

rashidkhan said something that sounds a bit unusual; (s)he was fined for having an uninsured car parked in the garage? obviously driving an uninsured car is illegal, but if it's parked, can you actually get fined for that?

That's right, I was shocked as well and have emailed dvla about my situation and waiting for response but apparently you have to declare "statutory off the road notice" or SORN and as I couldn't do that since I was selling my car (declaring SORN cancels car tax as well) I got their letter that I now have been fined £100 & if I pay early then its £50! Its so unfair

You can SORN from a specific date, selling a car and not SORN is not an excuse. Let's say if car tax is expiring on 31-10-2013, the you can SORN from when the tax expires. You can appeal saying you have sold car, giving specific date. Are you in car buying and selling business by any chance. I know few people in this business, who don't tax or insure cars and allow you to test drive, if you are caught then you as a driver is in trouble for not have insurance or tax.

will continue... need to go.

[neoseal]

This is from gov.uk

If you’re a motor trader

Motor traders don’t need to make a SORN on a vehicle if all the following apply:

it’s only temporarily in your possession (until you sell it)
it’s being kept off the road (except to and from a licensed station for a pre-arranged MOT, vehicle identity check, or weight or emissions test)
the registered keeper has notified DVLA that the vehicle has been sold or transferred to the motor trader
You’re a motor trader for SORN purposes if you’re a:

motor dealer
motor auctioneer
vehicle dismantler
vehicle insurer looking after a vehicle while a claim is being settled
finance company licensed to temporarily hold a vehicle following an order for repossession."

London congestion is just another fine, I don't think it will pop up on any criminal or ccj computer.

[Derivaz]

This is from gov.uk

If you’re a motor trader

Motor traders don’t need to make a SORN on a vehicle if all the following apply:

it’s only temporarily in your possession (until you sell it)
it’s being kept off the road (except to and from a licensed station for a pre-arranged MOT, vehicle identity check, or weight or emissions test)
the registered keeper has notified DVLA that the vehicle has been sold or transferred to the motor trader
You’re a motor trader for SORN purposes if you’re a:

motor dealer
motor auctioneer
vehicle dismantler
vehicle insurer looking after a vehicle while a claim is being settled
finance company licensed to temporarily hold a vehicle following an order for repossession."

London congestion is just another fine, I don't think it will pop up on any criminal or ccj computer.

so a regular driver has to make a sorn on the vehicle if they don't want to insure it?

[milan69]

I work as a session musician and I get paid in cash for the work I do meaning that I haven't been paying tax for many years now. I am worried that it might affect my application as in Section 3 of AN things like name and address of employer, address of tax office or tax reference are required to be filled in and I can not provide that.
How likely can this affect my application and what should I be doing?
Thank you.

[Amber]

It depends, are you self-employed (I gather so)? Do you earn below the taxable rate or do you just declare your income?

[milan69]

As a musician most of the work I do is outside the UK, therefore I am not registered in any aspect or capacity as I perform and record. I want to say I am not officially "self-employed" anywhere. If it means anything I qualify for British citizenship in 2 ways. First as being married for over 3 years to a British citizen, and second for having ILR for more than 7 years now.
One of the ideas that came to my mind is to ask a friend who owns a company to employ me for several months.

[Derivaz]

As a musician most of the work I do is outside the UK, therefore I am not registered in any aspect or capacity as I perform and record. I want to say I am not officially "self-employed" anywhere. If it means anything I qualify for British citizenship in 2 ways. First as being married for over 3 years to a British citizen, and second for having ILR for more than 7 years now.
One of the ideas that came to my mind is to ask a friend who owns a company to employ me for several months.

If you have ILR or are married to a BC, I don't think you need to show any proof of employment, just residence, but I think you should pay taxes, not because of the BC application, but because if you work for cash in hand and don't declare it, it's illegal and if you get caught your problem will be a lot bigger than having your application refused; also, because you won't have a pension if you don't pay taxes...

[Amber]

There is no need to be employed for the purpose of naturalisation. So long as you are not committing any tax evasion then you should be ok. You could register yourself as self-employed.

[Derivaz]

There is no need to be employed for the purpose of naturalisation. So long as you are not committing any tax evasion then you should be ok. You could register yourself as self-employed.

But if you are self employed you need to declare your income and pay taxes on it, right? I think he's saying that he gets paid cash in hand and doesn't declare it or pays any taxes on his income, so that's tax evasion, isn't it?

[Amber]

It may be if his pay should be taxable.

[milan69]

That is right, I am not paying any taxes at all. Though almost all money I get is earned abroad.
Two solicitors I have spoken to have told me that there is no requirement under the rules of Naturalisation for me to be working thus no need to worry. Third solicitor suggested that someone should employ me for a period of time so that my taxes get going.
My worry is that for not paying taxes I might get into "Good character" category.

[Derivaz]

It may be if his pay should be taxable.

exactly; if he earns above the tax free allowance, I think; which I suppose he does; because it would be quite hard to live on less than that.

[Derivaz]

That is right, I am not paying any taxes at all. Though almost all money I get is earned abroad.
Two solicitors I have spoken to have told me that there is no requirement under the rules of Naturalisation for me to be working thus no need to worry. Third solicitor suggested that someone should employ me for a period of time so that my taxes get going.
My worry is that for not paying taxes I might get into "Good character" category.

you only need to work if you are applying based on treaty rights (it's a way of exercising your treaty rights for EEA nationals); otherwise, you don't need to show proof of employment, BUT if you earn above the tax free allowance, which is very low, you are probably a tax evader, so if you get caught, your BC refusal will be the smallest of your problems I think, so if I were you, I'd start declaring my income asap to avoid legal problems.

Regarding your BC application, your employment status is irrelevant, since you are applying as a BC's spouse, but if they find out, they'll refuse it and probably prosecute you as well.

[fon31000]

Hi sorry for being a pain but going back to my council tax liabilty orders on page 17, when i first phoned them one of the advisors told me that there was an extra cost on my account from 2008/2009 which meant you must have got a liabilty order that year. I phoned them again yesterday as i said in my previous post i had no memory of receiving a liabilty order for 2008/2009. Basically after 40 mins of talking to them this what they told me, the liabilty order you got for 2010 is showing on our system also the summons letter and your special payment plan. Now for 2008/2009 the summons was sent to you on 14th jan 09 your account was paid in full + summons fee on the 30th jan 09 and we have no liability order recorded on your account for that year. I repeatedly asked her then for 20 mins are you saying that i never received a liabilty order for 2008/2009 . She finally said "well its not showing on system so NO" this took in total 40 mins.
i would appreciate any advice or opinions please

[Amber]

They are both wrong, a liability order is not a conviction nor a CCJ. It does not become 'spent' as it is not considered under the 1974 Act. So long as you have arranged a repayment programme or paid in full, you should be ok and there would be no need to declare it.

[Derivaz]

Hi sorry for being a pain but going back to my council tax liabilty orders on page 17, when i first phoned them one of the advisors told me that there was an extra cost on my account from 2008/2009 which meant you must have got a liabilty order that year. I phoned them again yesterday as i said in my previous post i had no memory of receiving a liabilty order for 2008/2009. Basically after 40 mins of talking to them this what they told me, the liabilty order you got for 2010 is showing on our system also the summons letter and your special payment plan. Now for 2008/2009 the summons was sent to you on 14th jan 09 your account was paid in full + summons fee on the 30th jan 09 and we have no liability order recorded on your account for that year. I repeatedly asked her then for 20 mins are you saying that i never received a liabilty order for 2008/2009 . She finally said "well its not showing on system so NO" this took in total 40 mins.
i would appreciate any advice or opinions please

It seems like you are fine as long as you pay the outstanding amount be careful next time though; this things can be a pain

[rashidkhan]

This is from gov.uk

If you’re a motor trader

Motor traders don’t need to make a SORN on a vehicle if all the following apply:

it’s only temporarily in your possession (until you sell it)
it’s being kept off the road (except to and from a licensed station for a pre-arranged MOT, vehicle identity check, or weight or emissions test)
the registered keeper has notified DVLA that the vehicle has been sold or transferred to the motor trader
You’re a motor trader for SORN purposes if you’re a:

motor dealer
motor auctioneer
vehicle dismantler
vehicle insurer looking after a vehicle while a claim is being settled
finance company licensed to temporarily hold a vehicle following an order for repossession."

London congestion is just another fine, I don't think it will pop up on any criminal or ccj computer.

Im not a motor dealer, just a private seller, i kept it off the road (in garage)

[fidd0185]

hi all

just a quick piece of advice needed.

I got a council tax summons to court in 2011 , i paid the account in full + summons fee within 2 to 3 weeks of the summons and when checking with the council tax they said that the summons is recorded on my account but i paid in full + summons costs so it wasn't taken to court and no liability order was issued as there is no liability order recorded on my council tax account.


Q. would i need to declare the summons on my application although no further action was taken as i had paid up .

cheers everybody

[Amber]

No.

[Derivaz]

This is from gov.uk

If you’re a motor trader

Motor traders don’t need to make a SORN on a vehicle if all the following apply:

it’s only temporarily in your possession (until you sell it)
it’s being kept off the road (except to and from a licensed station for a pre-arranged MOT, vehicle identity check, or weight or emissions test)
the registered keeper has notified DVLA that the vehicle has been sold or transferred to the motor trader
You’re a motor trader for SORN purposes if you’re a:

motor dealer
motor auctioneer
vehicle dismantler
vehicle insurer looking after a vehicle while a claim is being settled
finance company licensed to temporarily hold a vehicle following an order for repossession."

London congestion is just another fine, I don't think it will pop up on any criminal or ccj computer.

Im not a motor dealer, just a private seller, i kept it off the road (in garage)

how did they find out that the car wasn't insured?

[neoseal]

DVLA has a shares database with insurance companies. Many times you will see VOSA car standing by the road side with a scanner, that is to check if vehicle has valid mot and insurance.

[Derivaz]

DVLA has a shares database with insurance companies. Many times you will see VOSA car standing by the road side with a scanner, that is to check if vehicle has valid mot and insurance.

ah ok, i get ya

[Amber]

Question 8 Updated and Questions 8A & 10A added.

[s_anda]

Hi Gurus,

Could you please advise me on this as I am really worried now. ?
In the 'good character' section, do I have to mention that in the past I have been refused a student visa on the basis that the officer was not satisfied that I was genuinely seeking entrance for the purpose stated? The letter also states that the refusal will not prejudice any subsequent applications.

This refusal was back in 2006. I am an A2 national and since then I got married to a British Citizen and also received PR card.

What are your thoughts on that?
Many thanks in advance.