The Good Character Requirement - The Home Office will decide who has been “naughty or nice”

The Home Office have recently updated their guidance on the Good Character Requirement for applications to become a British Citizen by Naturalisation.

Background

How is the Good Character requirement assessed in relevant nationality application? There is no definition of good character in the British Nationality Act 1981 and therefore no statutory guidance as to how good character should be interpreted or applied. The decision therefore is left solely at the hands of the decision maker.

The Good Character requirement was controversially applied to anyone over the age of 10 and above since 4 December 2006. That provision was repealed and on 13 January 2010 was replaced by an insertion of Section 41A into the British Nationality Act 1981 on 13 January 2010. The Act in layman terms simply states that no adult or young person shall be registered as a British Citizen unless they are of good character.

The Home Office has a non-exhaustive list, from which they ask a great number of questions to determine if an individual is of good character. However the individual will not only be assessed from this list.  If the decision maker feels there are doubts about the applicant's character, the decision maker may then request an interview to make an overall assessment. The decision maker alternatively made a decision based on any doubts s/he may have without an interview.

The Updated Guidance

Criminal Background

When assessing the good character requirement, the Home Office will consider a range of factors.  The first is criminal convictions. These will include deferred sentences, cautions including warnings and reprimands, fines, community orders, hospital orders and civil orders. Convictions and Sentences imposed outside the UK are also considered. It is important therefore that any and all criminal activities including pending convictions are recorded on the application.

An issue which some young applicants face today, are their involvement with gangs and association with known criminals. If the decision maker has reliable information that the individual has a criminal association or has benefitted from the proceeds of crime, the decision maker will normally refuse the application. It is important to note that the individual need not have been convicted or any action taken against them under the Proceeds of Crime Legislation for them to fall for refusal under this category, simply information, which is deemed to be reliable by the decision maker, is enough.

Terrorism & Extremism

The new Guidance also covers war crimes, terrorism and other non-conductive activity, which includes corruption. To fall under this category would be unfortunate, and if there is any association (past or present) with any individual or group who have been convicted or had any connections under terrorism legislation then, it would have to be shown that any activity or association has ceased. Each case should be determined on its individual merits. 

It is to be noted that amendments to the Guidance for the good character requirement now includes Extremism. The Home Office will consider “unacceptable behaviour” as covering anyone within or outside the United Kingdom who uses any means or medium including;

• Writing, producing publishing or distributing material
• Public speaking including preaching 
• Running a website
• Using a position of responsibility such as a teacher, community or youth leader

to express views which:

• Incite, justify or glorify terrorist violence in furtherance of particular beliefs
• Seek to provoke others to terrorist acts
• Foment other serious criminal activity or seek to provoke others to serious criminal acts
• Foster hatred which might lead to inter-community violence in the UK.

This list is not exhaustive, which means your status on any Social Media platform can be scrutinised and if the content is deemed “unacceptable”, could lead to a breach of the good character requirement.  As noted from other sections of the guidance, you do not have to be charged or found guilty of an offence for you to breach the good character requirement.

Financial Background

Financial Soundness is also considered by the decision maker.  This will include bankruptcy, liquidation, and debt. The decision maker will consider whether you have made any dishonest or unlawful claims to public funds. Deception and dishonesty is a serious issue, and the decision maker may refuse your application if they find any dishonesty or deception.

Minors

The updated Guidance also includes updates to the Good Character Requirement for Minors (under the age of 18).  The guidance provides details for Minors who have had a custodial or non-custodial Sentences. Factors taken into consideration are the circumstances of the offence, the length of Sentence and the Applicant’s own particular circumstances. 

Other sections updated in the Guidance relate to absolute and conditional discharge, detention and training orders, deportation Orders, NHS debt and litigation costs which have not been paid.

Additional Guidance

The following have also had detail added:

• Overseas convictions
• Fixed penalty notices
• Non-compliance with immigration requirements, notably overstaying, absconders and illegal working.
• Article 31 of the Refugee convention
• Humanitarian protection 
• Genuine mistakes 

What you should do

When making an application, it is important to detail any mitigating factors to any issues which may affect your good character. A criminal conviction is the most apparent issue being mitigating by Applicants. However how the Home Office interpret these mitigating factors and how they give appropriate reasons for refusal has been looked at the courts in recent cases. 

Mr Charles Bourne QC (Deputy High Court Judge), stated that a Home Office decision letter was poorly expressed and badly punctuated, but its essential meaning is that the requirement of good character was not satisfied by Applicant.

Ultimately it was found that the Home Office had been unlawful in the case because the reasons given were insufficient.

Each individual case is different, but because the policy of good character is so broadly defined, requesting a reconsideration of a refusal on the grounds of good character can be successful if presented properly.

It is advisable to therefore carefully discuss any issues you have had in the past with an immigration solicitor, who will be able to assist in carefully completing your application and mitigating the issues you have, or assisting you in an appeal against the decision.

Cranbrook Solicitors have recently acted for a number of client’s whose applications were refused by the Home Office on the basis of their inability to mee the Good Character Requirement.  through careful presentation of the facts backed up with the appropriate documents, we were able to overturn the decisions resulting in our clients being granted British Citizenship.

Contact Cranbrook Solicitors today for expert advice.