The Good Character Requirement for ILR

The Good Character Requirement for ILR

The good character requirement is one of the most important yet often misunderstood eligibility criteria for Indefinite Leave to Remain (ILR) applications in the UK. Unlike other requirements that have specific numerical thresholds or objective tests, the good character assessment involves a more holistic evaluation of your conduct and background.

We explain everything you need to know about the good character requirement for ILR applications. We cover how criminal records, tax compliance, financial history, and general conduct are assessed.

What is the Good Character Requirement?

The good character requirement is a mandatory criterion that assesses whether an applicant has shown respect for the rights and freedoms of the UK, observed its laws, and fulfilled their duties and obligations as a resident. This assessment looks at your behavior both within and outside the UK throughout your period of residence and beyond.

While the Home Office doesn’t provide an exhaustive definition of “good character,” they do outline factors that will be considered in their assessment:

• Criminal convictions and cautions
• Tax compliance and financial reliability
• Immigration history and previous deception
• War crimes, terrorism, and other serious violations
• Notable positive contributions to society

🔗 Check out our complete guide to ILR applications

Criminal Records and the Good Character Requirement

Criminal convictions in the UK are perhaps the most significant factor in good character assessments. How they affect your application depends on their severity:

Serious Criminal Convictions

If you have received a custodial sentence of 12 months or more, your application will likely be refused. Specifically:

• Sentences of 4+ years: Applications will generally be refused, regardless of when the conviction became spent
• Sentences of 12 months to 4 years: Applications will generally be refused unless 10 years have passed since the end of the sentence
• Sentences under 12 months: Applications will generally be refused unless 5 years have passed since the end of the sentence

Minor Offences

For less serious offences:

• Non-custodial sentences (fines, community orders): May affect your application if recent or part of a pattern of offending
• Cautions, warnings, and reprimands: Generally less serious but still considered, especially if recent or numerous
• Fixed penalty notices (e.g., for traffic offences): Usually not problematic unless you have many or failed to pay them

Overseas Criminal Convictions

Criminal convictions from outside the UK are also considered. You must declare:

• All overseas convictions, regardless of when they occurred
• Equivalent UK sentences will be applied to determine their impact
• Convictions that wouldn’t be offenses in the UK may be disregarded

Pending Prosecutions and Police Investigations

If you’re currently:

• Under police investigation
• Awaiting trial
• On bail

Your application may be put on hold until the outcome is known. It’s generally advisable to wait until legal proceedings are concluded before applying for ILR.

Tax Compliance and Financial Reliability

Tax Compliance

The Home Office works closely with HM Revenue & Customs (HMRC) to verify your tax history. Issues that may affect your application include:

• Tax fraud or serious tax avoidance
• Failure to file required tax returns
• Significant tax debts without a payment arrangement
• Working illegally or cash-in-hand to evade tax

Financial Reliability

Other financial matters that may be considered include:

• Bankruptcy (especially if fraudulent)
• Significant unpaid debts, particularly to public bodies
• County Court Judgments (CCJs)
• Failure to pay child support or other legally required payments

Demonstrating Tax Compliance

To strengthen your application:

• Ensure all tax returns are filed on time
• Maintain records of tax payments
• Address any tax disputes or payment plans
• Request your tax overview from HMRC as evidence
• Include a cover letter explaining any complex tax situations

Immigration History and Previous Deception

Previous Immigration Violations

Your history of compliance with UK immigration rules is thoroughly examined:

• Overstaying: Remaining in the UK beyond your visa expiry date
• Working without permission or breaching work restrictions
• Accessing public funds when prohibited
• Failing to register with the police if required
• Breaching reporting conditions

Even minor or historical breaches may be considered, though the Home Office typically focuses on patterns of behavior or serious violations within the last 10 years.

Deception and Dishonesty

The Home Office takes a particularly serious view of:

• Using false documents in any immigration application
• Providing false information or misrepresentation
• Identity fraud or using multiple identities
• Entering into sham marriages or civil partnerships
• Helping others to break immigration rules

Deception in previous applications can lead to a 10-year ban on future applications and may permanently affect your good character assessment.

Other Factors Affecting Good Character

National Security Concerns

Applications will be refused if there are concerns about:

• Involvement in terrorism or extremism
• Espionage or sabotage
• War crimes or crimes against humanity
• Membership in proscribed organizations

Public Order Issues

Behavior that threatens public order may affect your application:

• Inciting racial or religious hatred
• Glorifying terrorism
• Involvement in serious public disorder

Notoriety and Controversial Conduct

While rare, the Home Office may consider:

• Notorious or publicly controversial behavior
• Activities that bring the UK into disrepute
• Behavior inconsistent with British values

Positive Contributions and Rehabilitation

Demonstrating Rehabilitation

If you have negative factors in your history, you can strengthen your application by showing:

• Evidence of rehabilitation after criminal convictions
• Compliance with probation or community orders
• Character references from respected community members
• Steady employment history since any offenses
• Community involvement and volunteer work

Positive Contributions

While not a formal requirement, positive contributions to UK society can help balance minor negative factors:

• Volunteer work and community service
• Charitable activities
• Professional achievements
• Cultural or sporting contributions
• Civic engagement

Disclosure Requirements

What You Must Declare

You must disclose:

• All criminal convictions in the UK and abroad, including spent convictions
• Cautions, warnings, and reprimands
• Ongoing investigations or pending charges
• Civil judgments against you
• Previous immigration issues or breaches

Consequences of Non-Disclosure

Failing to disclose relevant information:

• Will likely lead to refusal on grounds of deception
• May result in any granted ILR being revoked later
• Could affect future immigration applications
• May lead to prosecution for fraud in serious cases

Special Considerations for Different Applicant Groups

Family Route Applicants

If applying through a family route:

• Domestic violence convictions are treated particularly seriously
• Child maintenance payment history may be examined
• Family court orders and compliance will be considered

Work Route Applicants

If applying through a work route:

• Professional conduct and regulatory compliance may be assessed
• Employment history and references may be considered
• Tax compliance is particularly scrutinised

Long Residence Route Applicants

If applying through the 10-year long residence route:

• The entire period of UK residence will be examined
• Patterns of behavior over time are particularly important
• Integration into UK society may be considered

Preparing Your Good Character Evidence

Documentation to Include

Consider including:

• Police certificates from countries where you’ve lived
• HMRC tax overview or statement
• Evidence of rehabilitation if relevant
• Character references from employers or community leaders
• Explanation letter for any potential issues(in limited cases)

Addressing Potential Issues

If you have issues that might affect your good character assessment:

• Be completely honest in your application
• Provide context and explanation for any negative factors
• Include evidence of changed circumstances or rehabilitation
• Consider seeking legal advice before applying

In conclusion

The good character requirement is a comprehensive assessment of your conduct and background that goes beyond simply checking for criminal convictions. By understanding what the Home Office looks for in this assessment, you can better prepare your ILR application and address any potential issues proactively.

Remember that honesty is key—failing to disclose relevant information is likely to lead to refusal on deception grounds. This can have long-term consequences for your immigration status.