Good character requirements in applications for indefinite leave to remain and UK citizenship: immigration solicitors publish explanatory note

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Applicants for indefinite leave to remain in the UK may fall foul of the mandatory grounds for refusal on the basis of criminality, while applicants for British citizenship have to meet the new statutory requirement of good character. London based firm of Immigration Solicitors Kadmos Consultants have published a new guidance note explaining the effect of criminal convictions in applications for settlement and British citizenship.

Immigration Lawyers

Kadmos Consultants Immigration Lawyers London

Failure to disclose a caution or warning in an immigration application may amount to false representations or deception and may lead to refusal of further leave to remain.

The new blog article by Kadmos Consultants "How criminal record affects applications for indefinite leave to remain and nationality" addresses changes in the immigration rules related to settlement applications.

The article explains that not only unspent criminal convictions can have impact on applications for indefinite leave to remain in the UK, but mere criminal record, such as caution or warning, may preclude applications for settlement for a period of two years. Even more importantly, undeclared criminal record may be a reason for refusal of an application for extension of leave to remain in the UK and might lead to a mandatory ban from the UK for a period of up to ten years.

Nationality applications have also been subject to the new "good character" requirements. Migrants who had committed criminal offences punished by a custodial sentence are bound by the same madatory refusal rules that apply in relation to applications for indefinite leave to remain. However, there is no automatic right to naturalisation once the mandatory refusal period is over.

There is no legal definition of "good character", but it is clear that the concept is not restricted to "criminal context" and that civil penalties or conduct of financial affairs are of relevance in the assessment of good character.

The article gives important tips for migrants who are seeking to make the UK their permanent home and naturalise as British citizens.

London-based firm of immigration solicitors, Kadmos Consultants offer hands on approach to all matters related to immigration and regularly advise on applications for entry clearance, leave to remain and British nationality. The firm offers discrete and impartial immigration advice and assists in the most complex matters, including immigration appeals and administrative reviews.

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Helena Sheizon
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