Naturalisation refused

[hugo83fernandes]

Hello group,

I kindly ask to whom may have or was in this situation.

I want to apply for British citizenship but I am scare because of my previews criminality, I been convicted of 12 weeks in prison bk in 2013 and I spend 6 weeks inside, I also have one conviction of assault and few of harassment, breach the restrain order, drunk disorderly and attempt of false representation.

All this was more the 10 years ago, so my question is is there anyone that was in resembled situation and got approved? Or any advice please group?

[contorted_svy]

Read the new guidance, https://assets.publishing.service.gov.u ... racter.pdf page 11


Overview
Having a criminal record does not necessarily mean that an application will be
refused. However, a person who has not shown respect for, or is not prepared to
abide by, the law is unlikely to be considered of good character.
A person will normally be refused if they:
• have received a custodial sentence of at least 12 months in the UK or overseas
• have consecutive sentences totalling at least 12 months in the UK or overseas
• are a persistent offender who shows a particular disregard for the law
• have committed an offence which has caused serious harm
• have committed a sexual offence or their details are recorded by the police on a
register
A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character. See considering the balance of probabilities.


You have multiple offences, so you may be regarded as a "persistent offender" and your application could be refused. It ultimately comes down to what the case worker sees in your history and to the balance of probabilities, see page 22 and after

Where a person has criminality that would not normally result in the refusal of their
application, you must decide whether they are of good character, on the balance of
probabilities.
An assessment of whether or not a person is of good character on the balance of
probabilities, must take account of all available information concerning the
applicant’s character, weighing any negative factors around criminality against
mitigating factors such as contributions a person has made to society or any
significant proportions of a person’s life spent not offending.
You must consider the individual circumstances of the case; what may be
appropriate for one case will not be appropriate for another. Each application must
be carefully considered on an individual basis on its own merits, giving consideration
to the (non-exhaustive) list of factors below:


The rules have just changed, and cases of approval with a history of repeat offence haven't been many (I am not aware of any being reported on the forum). If you want to apply for citizenship. I would suggest you speak to an immigration solicitor and get them to help build a case as strong as possible showing your character has changed - eg you volunteer regularly and completely changed lifestyle as well as not having offended in 10 years. You need to declare all these incidents, as UKVI would find out about them anyway, and present your case in the cover letter.

[hugo83fernandes]

Thank you.

[hugo83fernandes]

Can someone please advise if better wait and put it new application or ask for reconsideration?
Thanks in advance.


Your apication for British Citizenship has been refused
Your application for British Citizenship was received on 2023-11-01. Your application has been considered under section 6(1) of the British Nationality Act 1981.
You have not demonstrated that you meet the requirements for British Citizenship and your application has

meet the requirements for British Citizenship and your application has been refused.
What this means for you
You have not been naturalised as a
British Citizen.
く
The reasons for this decision are set out in the next section.
Yours sincerely
Xxxxx
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On behalf of the Secretary of State for the Home Department
Your personal information
The Data Protection Act 2018 governs how we use personal data. For details

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Application Update
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information
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://
www.gov.uk/government/publications/ personal-information-use-in-borders-immigration-and-citizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Reasons for decision
Based on the evidence available you also do not meet the requirements to naturalise as a British citizen because:
• you do not meet the Good Character requirement
One of the requirements for

One of the requirements for citizenship is that the applicant is of good character. 'Good character' is not defined in the British Nationality Act 1981 but the applicant is expected to have shown due regard for the laws of this country.
The Good Character guidance states that a person will normally be refused if they:
• have received a custodial sentence of at least 12 months in the UK or overseas • have consecutive
sentences totalling at least 12 months in the UK or overseas • are a persistent offender who shows a particular disregard for the law • have committed an offence which has caused serious harm
• have committed a sexual offence or their details are recorded by the police on a register
A person must be refused if they have:
• a custodial sentence of less than 12

persistent offender who shows a particular disregard for the law • have committed an offence which has caused serious harm
• have committed a sexual offence or their details are recorded by the police on a register
A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satistied, on the balance of probabilities, that they are of good character.
You have been convicted of 7 serious convictions for 9 offenses across an 8 year period. These convictions range from a mixture of battery, harassment & breach of restraining orders & also includes a 4 suspended prison sentences and a 12 week custodial sentence for harassment - breach of a restraining order. Your conviction

year period. These convictions range from a mixture of battery, harassment & breach of restraining orders & also includes a 4 suspended prison sentences and a 12 week custodial sentence for harassment - breach of a restraining order. Your conviction has been considered in accordance with the good character requirement and we have taken into account your statement in which you state:
'About my sentences, I was naive and not in a good place mentally. I done my time and courses while on probation and I learned from it.
Since I filed for divorce I do not remember been arrested by the police anymore. The only way I was involved was by being a victim or a witness.
I believe and I know that I am a changed man that only looking for a peaceful life and I deeply sorry for any unnecessary stress I may it caused, looking for to answering any question regards my criminal record. Thank you

addition to your statement, we have also considered your length of residence in the UK and that you have contributed to society by working, paying tax and national insurance.
The guidance states that an
exceptional case is one where on the facts of the case, the application would normally be refused but there are mitigating circumstances which mean it would be appropriate to grant.
When considering all factors on the balance of probabilities, we are not satisfied that there are sufficiently compelling mitigating circumstances to demonstrate you are now of good character in spite of earlier offending, and therefore an exceptional grant is not appropriate. It is noted that you have declared all your convictions and have also submitted a cover letter which details the reasons for your convictions. However, due to the serious nature of the convictions including 4 suspended sentences and

When considering all factors on the balance of probabilities, we are not satistied that there are sufficiently compelling mitigating circumstances to demonstrate you are now of good character in spite of earlier offending, and therefore an exceptional grant is not appropriate. It is noted that you have declared all your convictions and have also submitted a cover letter which details the reasons for your convictions. However, due to the serious nature of the convictions including 4 suspended sentences and a custodial sentence we can not currently deem you of good character.
We are not satisfied that you have met the Good Character requirement and your application is therefore refused.
Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of

your application is therefore refused.
Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.
You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.
You can request a review of this decision using the form at https:// www.gov.uk/government/publications/ application-for-review-when-british-citizenship-is-refused-form-nr
If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

[PM74Juve]

To be honest I think you got good advice above but it has been insufficient it seems to persuade them of good character once followed.

The lack of experience of such cases on the board may present an issue of advising and you may benefit from a specialist lawyer... especially one who regardless of next step is able to better communicate your case of good character in recent times.

As a personal comment I have to say I think your statement in your cover letter sounded deeply flawed and inauthentic to the point they probably took a deep breath and scratched their head. You committed serious offences and by the sounds of it badly targeted an individual (or several people) that one can probably take a guess at the status of. But the following is terrible and actually sounds like you are making excuses for your behaviour that do not sound credible and then try to minimise the impact you likely had on the victim.

"'About my sentences, I was naive and not in a good place mentally. I done my time and courses while on probation and I learned from it.
Since I filed for divorce I do not remember been arrested by the police anymore. The only way I was involved was by being a victim or a witness.
I believe and I know that I am a changed man that only looking for a peaceful life and I deeply sorry for any unnecessary stress I may it caused, looking for to answering any question regards my criminal record."

I would query why you want British citizenship... is it that important.... it may take another application in the future at further cost and risk of same rejection but I assume time may be the key factor as to overcoming past character failings.

[MuhammadM86]

It is tough to be fair and I agree with the comments about regarding your covering letter, I would imagine you have needed a lot stronger one in place and a stronger case put together.

I would for sure consult with an immigration solicitor on the next step. I wish you all the very best.

Will you kindly share your timeline with us?
Applications date:
Biometric date:
Decision date:
£80 ceremony refund date:

This could be shared in the timeline thread!

All the best I hope you get the positive outcome soon.

[contorted_svy]

I would also put some efforts in place, eg to volunteer, anger management courses, contribute positively to the community, so you can show that not only enough time has passed but you also have made active efforts to change your character. A solicitor may well give you the same advice. You can talk to solicitor about reconsideration but I wouldn't be confident you have a strong case for reconsideration. You can share your outcome and timeline in the refused applications thread. I am sorry that you didn't receive the outcome you hoped for.