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Application for British citizenship- Good character 2022 update

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

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Zak4x4
Newly Registered
Posts: 1
Joined: Fri May 12, 2023 8:36 pm
Algeria

Application for British citizenship- Good character 2022 update

Post by Zak4x4 » Fri May 12, 2023 9:35 pm

Hello everyone
i have permanent residence since 2019, I have applied for British citizenship in 2019 but it has been refused because I had overstayed Visa in till 2014, they have advise me to wait till 10 years clearance to pass, so I can apply in 2024, I just find that the good character guidance(p46) has been updated since, and states the sentence below, my understanding is I can apply now whiteout waiting the 10years clearance, is there is anyone have made an application where he/she has immigration breaches in last 10 years before the application, and still granted a Citizenship?
please comment


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.

abbott25
Newly Registered
Posts: 19
Joined: Wed Mar 22, 2023 7:19 am
Tanzania

Re: Application for British citizenship- Good character 2022 update

Post by abbott25 » Sat May 20, 2023 12:39 pm

they will still look for 10 years if for example your were working illegal, so to clarify thing, yes now as long you have indefinitely leave to remain or settle status then they will only look for five years but like i said they wont disregard anything else, they will go back 10 years except for residence purpose, so make sure in the 10 years you were not working illegal, if your good on this part then your good to go but if at any point you work illegal and they know about it with you NI number then best way apply next year 2024 to erase everything

London22
Member of Standing
Posts: 306
Joined: Thu Jan 03, 2019 9:39 pm
United Kingdom

Re: Application for British citizenship- Good character 2022 update

Post by London22 » Sun May 21, 2023 3:44 pm

Zak4x4 wrote:
Fri May 12, 2023 9:35 pm
Hello everyone
i have permanent residence since 2019, I have applied for British citizenship in 2019 but it has been refused because I had overstayed Visa in till 2014, they have advise me to wait till 10 years clearance to pass, so I can apply in 2024, I just find that the good character guidance(p46) has been updated since, and states the sentence below, my understanding is I can apply now whiteout waiting the 10years clearance, is there is anyone have made an application where he/she has immigration breaches in last 10 years before the application, and still granted a Citizenship?
please comment


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.
Latest good character requirement that came into effect last year 2022 is a good news for those who have previous "Overstay" period only against them .This home office is a bit relaxed with those applicants who only have Overstay against good character .But ,caseworkers still have to power to refuse an application.Before in most cases it was an automatic refusal but recent approach is somewhat positive provided if the applicants explain the reasons of overstay ,apologise the mistake, explain they haven't commit any crimes during that period and mainly request for the grant of citizenship as a good contributor towards integration and feeling secure in the UK.

gotchamehdi
Newly Registered
Posts: 3
Joined: Thu Jun 22, 2023 11:03 am
Algeria

Re: Application for British citizenship- Good character 2022 update

Post by gotchamehdi » Fri Aug 04, 2023 10:22 am

Hi Zak4x4

I hope you don't mind me asking about the update on your case.
Have you applied for the naturalisation ?

Many thanks in advance.

AmazonianX
Respected Guru
Posts: 7829
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Application for British citizenship- Good character 2022 update

Post by AmazonianX » Fri Aug 04, 2023 1:29 pm

gotchamehdi wrote:
Fri Aug 04, 2023 10:22 am
Hi Zak4x4

I hope you don't mind me asking about the update on your case.
Have you applied for the naturalisation ?

Many thanks in advance.
Not being here since May.

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