Important Update! Good Character Requirement for British Citizenship Applications Updated

The Home Office have recently updated their guidance (January 2019) on British Citizenship Applications relating to their policy on the Good Character requirement.  The change in Policy relates specifically to those who have previously overstayed their stay in the UK.

Essentially, the Home Office stance on overstaying is that if there is such a period within the last 10 years, an application for British Citizenship will be refused.

In certain circumstances, the Home Office will look past a period of overstaying if one of the three circumstances below apply:

• the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or

• 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 39E of the Immigration Rules applied, or

• 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not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.

If you have recently had your British Citizenship Application refused, or are considering submitting a British Citizenship Application contact Cranbrook Solicitors today to discuss how we can help you.

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