The Home Office nationality guidance on the good character requirement has now been up to date in line with the provisions on lawful residence that got here into power on 28 June 2022. The provisions had been launched into the British Nationality Act 1981 by part 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by part 12 with further regard to refugees).
Breaches of the lawful residence requirement embody unlawful entry to the United Kingdom, overstaying, and absconding.
Previously, immigration breaches made in the 5-year interval earlier than the submission of a citizenship software might have been grounds for refusal on the premise that the person didn’t meet the lawful residence requirement. If the breach was made in the 10-year interval earlier than the applying was submitted, it may develop into grounds for refusal on the premise that they didn’t meet the good character requirement.
The guidelines have now been amended. Where a person holds indefinite depart to stay, they are often handled as assembly the lawful residence requirement in the course of the 5-year qualifying interval, with out additional enquiry.
To align with this alteration, unlawful entry, overstaying and absconding can also be disregarded when assessing good character necessities in the course of the related 10-year interval. But solely the place the entire following components apply:
- The particular person is making use of for naturalisation as a British citizen, or registration beneath s.4(2), 6(1) or 6(2) of the British Nationality Act 1981…
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