Naturalization – Good Character Requirement

If one wants to apply to become a British Citizen then he/she is required to meet the good character requirement. Majority of the people who are above 10 years of age and who apply for British Citizenship need to meet this criterion of good character. Home Office in the UK assesses whether an individual applying for British Citizenship is to be considered of good character or not. In order to assess good character, various considerations are carried out by Home Office which includes criminal offenses, financial stability, compliance with UK immigration laws etc. Should the applicant not meet the Good Character requirement the application will be refused.

Aspects, which are considered for good character requirement

  • Whether or not the applicant has disrespected the law in any manner or is not ready to follow the law.
  • Whether or not applicant been involved or been associated with war crimes, crimes against humanity or genocide, terrorism or other actions in any manner.
  • Whether or not the applicant failed to pay taxes.
  • Whether or not the applicant has been involved in any kind of notorious activities, which raise serious doubts on their standing in the local community.
  • Whether or not the applicant has been deliberately dishonest or deceptive with the UK Government.
  • Whether or not applicant avoided immigration control in any manner.
  • Whether or not the applicant was previously rejected the UK citizenship or citizenship of another country.

Apart from the above, you also need to know that the assessment of your good character also includes any circumstances that may have occurred to you outside the UK, not just in the UK. You must disclose all offenses you were involved in or associated with, no matter how minor they were according to you. You should not hide anything because if you fail to disclose something which the Home Office comes to know about eventually in their own investigations, then there is strong possibility that your application will be rejected on this basis of failing to disclose. If you do this and it is caught then you may face the claims of dishonesty, which will damage your immigration history quite significantly. And you should always remember that the Good Character requirement applies not just on adults but also to children above the age of 10.

There have been detrimental changes as well to paragraphs 9.5 and 9.7 in recent times that cover issues surrounding compliance with immigration law.

 

Fines and Fixed Penalty Notices

If you have received a traffic offense imposed by police or any other authority such as Fixed Penalty Notices, Penalty Charge Notices and Penalty Notices for Disorder, traffic rule violations, environmental and civil violations then you need to pay the fine and if you do so then you don’t need to bother as receiving an FPN fine does not form part of a person’s criminal record as there is no admission of guilt. So, this will not affect your good character requirement.

However, if you fail to pay and so you faced criminal proceedings as a result of this or you received numerous FPN suggesting that there is a pattern for behavior from your side which calls into question your character then the Home Office decision maker will consider all these factors when assessing your good character requirement.

 

How do criminal convictions and sentences affect the Good Character Requirement?

You can note below sentence and its impact on your application for British Citizenship.

  • If you got 4 years or more imprisonment sentence then your application will normally be refused.
  • If you got a sentence of imprisonment between 12 months and 4 years then your application will normally be refused unless 15 years have passed since the end of the sentence.
  • If you got a sentence of imprisonment for up to 12 months then your application will normally be refused unless 10 years have passed since the end of the sentence.
  • If you got a non-custodial sentence or other out of court disposal that is recorded on a person’s criminal record then your applications will normally be refused if the conviction occurred in the last 3 years.

So, you should always keep in mind about good character requirement when applying for British Citizenship as naturalization. For any assistance, you can contact Visa and Migration Ltd on 02034111261.

 

 

 

Importing a Vehicle into the UK

When moving to the UK permanently, you can bring or other motor vehicles to the country. However, this depends on your compliance with requirements set out by the UK Government and HM Revenue and Customs (HMRC). Whether it is importing a car, caravan, van, motorhome or motorcycle, the process requires a lot of paperwork. This blog will explain everything you need to know about importing a vehicle into the UK.

Continue reading “Importing a Vehicle into the UK”

Family Life as a Parent

Pre 2012 the route used to be called Right to Access the child and now this has been renamed to family life as a parent.

A non-British parent can exercise their right of access to their child/children (under 18 years) who are resident in the UK and are a British citizen or settled in the UK. A single non-British parent can apply for leave to enter or remain in the UK on the basis of their family life with a British or settled child who is living in the UK. This application can only be made by a single parent/s. Those who are still in a relationship with the other parent cannot apply under the parent route they should rather submit an application under the partner route.

Family life as a parent visa

Those single non-British parent whose child is resident in the UK can apply for family life as a parent visa to join their child in the UK to raise them. However, such parent must have sole parental responsibility of the child or be normally living with the child, or they must have direct contact with the child.

Parent’s route requirements

The conditions to be met are:

  • You need to have the sole responsibility for the child; or
  • You need to have direct access to your child and in that situation, another parent of the child must not be your partner.
  • In order to prove direct access to the child, you must provide evidence from the court or agreed with another parent
  • You must be able to prove that you have an active involvement in the upbringing of the child.
  • You must also prove that you are able to meet maintenance and accommodation cost for yourself, the child, and any other children that you care for.
  • You must fulfill the English Language requirement at Level A 1 of the CEFR (only applicable to 5-year route).

You must meet the above conditions in order to submit an application as a parent in the UK. However, even if you don’t meet the above conditions still you can extend your permission to stay in the UK if:

  • Your child living in the UK is a UK British citizen or has lived in the UK for 7 years or more.
  • It would not be reasonable for them to leave the UK and continue their life outside the UK.

Once you apply for Family life as a parent visa and if your application is successful you will be granted a stay in the UK for 2.5 years. After this time period, you need to apply for an extension. Also if you complete 5 or 10 years continuously in the UK as a parent then you become eligible to apply for indefinite leave to remain in the UK.

If you are looking to submit an application under this route, please contact Visa and Migration Ltd for professional advice on your application and process.

 

 

 

 

 

Sole Responsibility

Generally, the concept of sole responsibility is only applicable where the parents may have separated or divorced. The responsibility of the child is such cases are with one of the parents who are in the UK. If the parent in the UK wants their child to join them in the UK then they will need to establish that they have the sole responsibility of the child.

If you are settled in the UK or on a temporary leave and want your child to join you from overseas then you will need to prove that you are solely responsible for the child. That means that you are the person who is the chief decision-maker in connection with the child who is currently outside the United Kingdom.

The UK based parent, in this case, is the sponsoring parent. Such parent must be able to show that he/she has been solely responsible for care and development of the child for a substantial period. Thus they will be establishing that they are the chief decision maker for the child’s well-being.

If the child is separated from sponsoring parent, then it will be expected normally that the child has been in the care of the sponsoring parent’s relatives rather than in the care of the relatives of the other parent outside the UK. And if it is found that the child has been in the care of the other parent’s relatives and also the other parent lives nearby the child and actively involved in the child’s welfare then such applications by sponsor parent for bringing their child to the UK under sole responsibility will be refused.

Sole responsibility test

A child under 18 outside UK cannot simply join his/her UK based parent unless the UK based parent passes sole responsibility test. A child under the age of 18 can seek leave to enter the UK to accompany or join a parent who is present and settled in the UK (someone who has obtained indefinite leave to remain or who has acquired British citizenship) and is solely responsible for the child’s upbringing.

Sole responsibility is a test invented for and exists solely in the immigration jurisdiction which has three main limbs: legal responsibility (for example legal custody of the child has been given to the UK parent), financial responsibility and emotional responsibility which mean they are making important decisions about the child’s upbringing and sending money for the child’s education and other needs.

Assessment of sole responsibility

While assessing the sole responsibility of a parent following factors are considered by Home Office:

  • Are the parents married / in a civil partnership?
  • If the marriage/civil partnership does not sustain and gets dissolved, in that situation which parent was awarded legal custody of the child, which includes the assumption of responsibility for the child?
  • When there is a legal custody order of the child is given in favor of the UK parent, the ECO should make sure that that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order.
  • Is there a situation where the marriage / civil partnership subsist, but both the parents do not live together?
  • For how long has the sponsoring parent been separated from the child after he/she migrated to the UK?
  • If the sponsoring parent migrated to the UK, how was the child taken care of before and after the sponsoring parent migrated?
  • What has been the relationship between the sponsoring parent and the child if the sponsoring parent migrated to the UK?
  • Has the child been consistently supported by sponsoring parent directly or by personal care; or has there been a regular and substantial financial remittance by sponsoring a parent for the care of the child?
  • Who of the parents and in what proportions bore the cost of the child’s maintenance?
  • Who is the one taking the important decisions of the child’s upbringing, for example where the child lives, which school child studies, which religion child practices etc.?

 

However, there have been challenges when sponsoring parent tries to bring their child to the UK under sole responsibility.

The case of TD Yemen [2006] UKAIT 00049 is the Stare Decisis for establishing sole responsibility.

If you are looking for professional assistance in making the application for your child to join you in the UK, please contact Visa and Migration Ltd

Tier 1 and Tier 2 Point Based System Dependent Visas

Many migrants come to the UK but leave their dependents back at home. These dependents often want to join their family members in the UK. Luckily, UK immigration rules do allow these dependents to accompany or join the main visa applicant in the UK.

The point-based system (PBS) dependent visa is for the family – e.g. wife or children under 18 years of age – of the main applicant to join them in the UK. Dependents may have different rights given to them when compared to the rights applicable to the main applicant. As a PBS dependent, you need to know the rights you have, entitlement for activities and so on. It is important for you to understand all the factors that apply to you as a PBS dependent. Once you know this, you won’t breach any UK immigration laws and you can also plan properly for your ILR if you decide to make the UK your home. The many variations of rules and requirements for PBS dependents are under paragraph 319 of the Immigration Rules.

Continue reading “Tier 1 and Tier 2 Point Based System Dependent Visas”

What Are Your Duties as a Sponsor License Holder?

When an organisation in the UK receives a Sponsor License it authorizes them to recruit foreign nationals outside of EEA area. They can employ skilled workers to work for their organization. However, along with rights, there are some duties or responsibilities upon sponsor license holders as well.

If you are an organisation in the UK applying for a sponsor license, it is better you know the duties that you need to perform because – if you fail to do so – you may face a downgrading in user rating, your license may be suspended or withdrawn, and you are putting the jobs of existing migrant workers at risk.

Continue reading “What Are Your Duties as a Sponsor License Holder?”

Tier 2 Intra Company Transfers

The Tier 2 Intra Company Transfers (ICT) route to a UK visa is mainly available to companies who intend to move their employee from an overseas branch to a UK branch. You can apply for a Tier 2 (Intra Company Transfer) visa if you have been offered a job role by your overseas employer in a UK branch of the organization and you are from outside EEA and Switzerland.

Continue reading “Tier 2 Intra Company Transfers”

Reasons for Delays in UK Visa Processing Time

When you make a UK visa application, you want this to be processed quickly. There are standard time limits within which visa applications are processed, assuming everything is right with the application and the applicant.

But there can be occasions when you may have to face delays – what are some of the reasons behind delays in UK visa processing time?

Continue reading “Reasons for Delays in UK Visa Processing Time”

Tier 2 Indefinite Leave to Remain

A Tier 2 indefinite leave to remain visa is granted to people who have completed 5 years as a Tier 2 (General) Migrant and satisfy requirements of paragraph 245HF of the Immigration Rules.

Tier 2 ICT migrants granted leave before 5 April 2010 and Tier 2 ICT Long Term granted leave before 5 April 2011 may also be eligible for Indefinite Leave to Remain provided they satisfy all the requirements under paragraph 245 GF of the Immigration Rules.

Continue reading “Tier 2 Indefinite Leave to Remain”

How to Apply for a UK Spouse Visa from Thailand

Moving to and settling in the UK is common for people from Thailand; one of the primary UK visas we receive applications for are Thailand to UK marriage visas. Perhaps you legally married in Thailand and now wish to move your wife to the UK; this is what a UK marriage visa allows you to do.

Continue reading “How to Apply for a UK Spouse Visa from Thailand”