ОЧЕНЬ СИЛЬНО ПОВЫШЕНА ПЛАНКА Т.Н. GOOD CHARACTER REQUIREMENT ДЛЯ НАТУРАЛИЗАЦИИ
ОЧЕНЬ СИЛЬНО ПОВЫШЕНА ПЛАНКА Т.Н. GOOD CHARACTER REQUIREMENT ДЛЯ НАТУРАЛИЗАЦИИ
02 August 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Home Secretary cracks down on criminals receiving citizenship: https://www.gov.uk/government/news/home-secretary-cracks-down-on-criminals-receiving-citizenship?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=8cf93065-fd78-4767-85d9-1e34026804e1&utm_content=immediately
Toughened-up good character rules will mean the criminality threshold for British citizenship is in line with the government’s Immigration Rules.
At a glance:
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 sentencestotalling at least 12 months in the UK or overseas
•are a persistent offenderwho 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.
Custodial convictions
When considering custodial convictions, it is the whole sentence imposed by the court that counts, not the time served by the person.
Where they have received a single custodial sentence of 12 months or more, or consecutive sentences totalling 12 months or more, the application will normally be refused. Where the person has received custodial sentences of less than 12 months, you must consider whether they are of good character on the balance of probabilities.
Suspended and concurrent or consecutive sentences
A suspended prison sentence must be treated as a non-custodial sentence. The exception is where the suspended sentence is subsequently ‘activated’ -this means that the person re-offended or failed to comply with the conditions of that sentence.
Persistent offenders
All applications involving a persistent offender who show a particular disregard for the law,will normally be refused.
A persistent offender is defined as a repeat offender who shows a pattern of offending over a period of time, demonstrating a particular disregard for the law. This can mean a series of offences committed in a fairly short timeframe or offences which escalate in seriousness over time, or a long history of minor offences for the same behaviour which demonstrate a clear disregard for the law.
Deception in previous applications
An application will normally be refused where there is evidence that a person has employed deception either:
•during the citizenship application process
•in a previous immigration application in the previous 10 years
Immigration breaches
An immigration breach is where a person has failed to comply with immigration requirements:
- failing to comply with conditions attached to a grant of permission to enter or stay in the UK
•accessing public funds when prohibited from doing so
•failing to report without reasonable excuse, when required to do so•assisting illegal immigration
•working in the UK without permission to do so (illegal working)
•hiring illegal workers
•failing to comply with the requirements of the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016), as saved
Failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement.
Lawful residence
An immigration breach relating to lawful residence includes:
•overstaying
•illegal entry
•absconding
•failing to comply with the requirements of the EEA egulations 2016, as saved
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.
To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10-year period prior to the application where all of the following factors apply:
- the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
- no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision
Overstaying
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:
•the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39Eof the Immigration Rules applied•the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.
Illegal entry
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously entered the UK illegally, it will normally be appropriate to refuse the application for citizenship if the illegal entry isconfirmed as having occurred during the preceding 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground, or absconds, the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office.
Illegal working
An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.
Fines
>>> 5 year ban before one can apply for Naturalization
02 August 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Home Secretary cracks down on criminals receiving citizenship: https://www.gov.uk/government/news/home-secretary-cracks-down-on-criminals-receiving-citizenship?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=8cf93065-fd78-4767-85d9-1e34026804e1&utm_content=immediately
Toughened-up good character rules will mean the criminality threshold for British citizenship is in line with the government’s Immigration Rules.
At a glance:
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 sentencestotalling at least 12 months in the UK or overseas
•are a persistent offenderwho 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.
Custodial convictions
When considering custodial convictions, it is the whole sentence imposed by the court that counts, not the time served by the person.
Where they have received a single custodial sentence of 12 months or more, or consecutive sentences totalling 12 months or more, the application will normally be refused. Where the person has received custodial sentences of less than 12 months, you must consider whether they are of good character on the balance of probabilities.
Suspended and concurrent or consecutive sentences
A suspended prison sentence must be treated as a non-custodial sentence. The exception is where the suspended sentence is subsequently ‘activated’ -this means that the person re-offended or failed to comply with the conditions of that sentence.
Persistent offenders
All applications involving a persistent offender who show a particular disregard for the law,will normally be refused.
A persistent offender is defined as a repeat offender who shows a pattern of offending over a period of time, demonstrating a particular disregard for the law. This can mean a series of offences committed in a fairly short timeframe or offences which escalate in seriousness over time, or a long history of minor offences for the same behaviour which demonstrate a clear disregard for the law.
Deception in previous applications
An application will normally be refused where there is evidence that a person has employed deception either:
•during the citizenship application process
•in a previous immigration application in the previous 10 years
Immigration breaches
An immigration breach is where a person has failed to comply with immigration requirements:
- failing to comply with conditions attached to a grant of permission to enter or stay in the UK
•accessing public funds when prohibited from doing so
•failing to report without reasonable excuse, when required to do so•assisting illegal immigration
•working in the UK without permission to do so (illegal working)
•hiring illegal workers
•failing to comply with the requirements of the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016), as saved
Failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement.
Lawful residence
An immigration breach relating to lawful residence includes:
•overstaying
•illegal entry
•absconding
•failing to comply with the requirements of the EEA egulations 2016, as saved
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.
To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10-year period prior to the application where all of the following factors apply:
- the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
- no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision
Overstaying
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:
•the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39Eof the Immigration Rules applied•the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.
Illegal entry
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously entered the UK illegally, it will normally be appropriate to refuse the application for citizenship if the illegal entry isconfirmed as having occurred during the preceding 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground, or absconds, the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office.
Illegal working
An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.
Fines
>>> 5 year ban before one can apply for Naturalization
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