Nuturalisation spouse of British citizen 3years complex!!!

bubulinea · Post by **bubulinea** » Thu Feb 19, 2015 5:56 pm

It doesn't matter if you're the spouse of a British Citizen. It states clearly that if a person has not been compliant with the immigration requirements for the past 10 years, the application will be refused.

They're trying to clamp down on immigration.

milan69 · Post by **milan69** » Thu Feb 19, 2015 8:42 pm

You might be right and there might be a way for you to have a successful application but for that I think you need to find a good lawyer.

khaledadda · Post by **khaledadda** » Thu Feb 19, 2015 10:37 pm

Still not clear on the new rules regarding overstayer spouse of British citizen , all what I seen is illegal entry,
Even on nuturalisation application form there is no question regarding previous immigration history

bubulinea · Post by **bubulinea** » Fri Feb 20, 2015 3:00 am

I can't actually remember a question regarding my immigration history in the application form, either, but then UKBA knows all about it anyway and they will see that you are an overstayer. I do understand that it's a bit of a shock to hear that you may have to wait years before applying for British Citizenship and by all means, go and get advice from an immigration lawyer.

But they changed the Good Character requirements on 11 December 2014. Please read this. This is also, most likely, the reason why your application for ILR was approved because at the time of your application (June 2014 as you said) overstaying was not regarded as something that could taint your good character.

As for only 'illegals' being mentioned: This has already been linked in one of the previous posts of this thread. NCS denying application due to overstaying.

Now to your immigration history. You came into the country in Oct 2003 on a six months visa. You got married in Feb 2010. By that time you had been overstaying for almost seven years already. You left the UK in Nov 2010 and re-entered July 2012 on a spouse visa. You weren't even married while you overstayed. According to the new requirements, you broke immigration laws. I'm afraid being married to a British citizen means nothing when it comes to obtaining the British Citizenship. It's not a right!

akhurshid · Post by **akhurshid** » Fri Feb 20, 2015 8:17 am

khaledadda wrote:Still not clear on the new rules regarding overstayer spouse of British citizen , all what I seen is illegal entry,
Even on nuturalisation application form there is no question regarding previous immigration history

Your best option is to consult a lawyer.

Quote from good character guidelines published in December 2014.

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
[/qiote]

https://www.freemovement.org.uk/good-ch ... htened-up/

You were in breach of your immigration law and according to 9.7, your application will be refused for 10 years. Breaching immigration does not only include illegal entry, it includes ANY breach including over staying.

khaledadda · Post by **khaledadda** » Fri Feb 20, 2015 9:35 am

If it's the case 10 years will start from witch date?

akhurshid · Post by **akhurshid** » Fri Feb 20, 2015 9:44 am

khaledadda wrote:If it's the case 10 years will start from witch date?

It'll be from the date that you left the country.
I would still advise you to consult a lawyer. You may have to pay some fee but at least you'll get professional opinion. Most people on this forum aren't lawyers or immigration advisers. Do share the advice here if you do decide to consult a lawyer.

ryan1512lon · Post by **ryan1512lon** » Fri Feb 20, 2015 10:07 am

The rules are pretty clear and written black and white, it has been confirmed several times and members have had their application refused by the home office because of this, and some have had their application denied at the NCS too. AGAIN read the good character requirement this has been updated in Dec 2014 :

https://www.gov.uk/government/uploads/s ... ersion.pdf

Being an spouse of a British citizen doesn't change anything, unfortunately the rules apply for everyone, your question has been answered clearly and the answer, again, is that your application WILL be refused within 10 years, I know it's harsh but they are making things harder to acquire the citizenship...

mrsbean · Post by **mrsbean** » Fri Feb 20, 2015 12:51 pm

Normally, I just read this forum and very rarely provide my advice or opinions but I do have a strong opinion on this one.

I agree with the previous posters as I can't see why the new rules for Good Character requirement will not apply in the case of being a spouse of BC and don't find it to be a valid ground for exception.

Yes, for Spouse visa or ILR there may be exceptions granted as not being able to live together is viewed more detrimental to families / wellbeing (where BC partner can say it his/her right to to be able to live in the UK and have his family with him/her). However, British Citizenship is a different game altogether. It's a privilege and definitely not a right - moreover the absence of BC doesn't stop ILR holder from living in the UK with his/her family or enjoying other benefits. I do believe (and hope) in the case of BC, the new good character requirement will be strictly enforced.

Why would UK want someone who has a history of breaking laws in the past to become its citizen? Doesn't UK have enough criminals living here already, who were born with this right? So I think it is very good that they are tightening the immigration controls, finally. Does that mean you will never be able to get BC? NO, of course not! All it means that now you have to prove that you are of good character by waiting 10 years, living a good and honest life, and showing that you have changed and no longer intend to break any laws. Simple as that! Show that you can be a good citizen, and they will give you citizenship in due time, defined by law. It's a lot harder to take the citizenship away when compared to visa or ILR, so there is nothing wrong with the government wanting to make sure that they giving the citizenship to the right people from the beginning.

MSaxp · Post by **MSaxp** » Fri Feb 20, 2015 1:28 pm

Completely agree.

Bearing in mind that this is a forum to help people with the process and assist with the bureaucratic aspect of it. Not a forum to offer advice on bypassing the legal requirements of the process. The good character requirements are not merely a nuissance getting in the way, but a guide as to who the country wants to give citizenship to. Breaking immigration law is not something to be taken lightly. And an overstay of many years, is a deliberate disregard of british law.

This is by no means meant in a personal way to the poster, I feel for everyone's personal circumstances. But I also want citizenship to mean more than a piece of paper.

bubulinea · Post by **bubulinea** » Fri Feb 20, 2015 1:30 pm

So a genuine asylum seeker who, in fear for his life, enters the UK illegally should be held to the same standards as someone who comes into the country with every intent of breaking immigration laws, simply because it's a nicer place to live? Also, as this has been covered a few times already, with the ever changing rules an immigrant can become an overstayer quite easily and without intention.

I do see where you're coming from, I also understand that the British Citizenship is a privilege, not a right, and admittedly the case of the OP, who came into the country on a six months visitor visa and overstayed for seven years, looks extremely dodgy. However, a general 10 year ban, without taking individual circumstances into consideration and without judging each and every application individually, is nothing but satisfying the scaremongering right wing politicians. This doesn't concern only the 10 year ban, but one speeding ticket or parking ticket having such an effect on your good character is a bit of a joke. If these offences have been done repeatedly, fine ok, I understand that. But the current practice is like razing a house to the ground just because there's a leakage in the plumbing.

milan69 · Post by **milan69** » Fri Feb 20, 2015 6:38 pm

British Citizen/Overstayers Waiting time 10years
Postby mteja » Thu Jan 22, 2015 9:23 pm

Hello All

I had an appointment with NCS today for my British Citizenship.

I had all my documents, my route would have been either 3years Spouse Visa Route or 5years.

Anyway initially i had overstayed my visa in 2008 went back to my home country and i got married , then we came back on 3yr Visa.

In NCS Today there is a new law, under good conduct, if you are overstayer in the past then one will need to wait for 10years after getting the ILR to qualify for BC.

Thought i inform guys who are applying direct to HO to watch out otherwise they will loose there money!!

I asked the lady in NCS when did that law come out, she said as from December 2014!!

Post by **ban.s** » Sat Feb 21, 2015 7:46 pm

khaledadda wrote:Hi Amber

Could you please advice on nuturalisation
With the new rules of good character

Thanks

rakeysh.patel · Post by **rakeysh.patel** » Sun Feb 22, 2015 8:19 am

My two cents says, that 10 year wait is on unfortunately!

Petaltop · Post by **Petaltop** » Sun Feb 22, 2015 5:26 pm

bubulinea wrote:So a genuine asylum seeker who, in fear for his life, enters the UK illegally should be held to the same standards as someone who comes into the country with every intent of breaking immigration laws, simply because it's a nicer place to live?

If they were in fear of their life, then they would go to the nearest safe country and apply for asylum there. UK is surrounded by safe countries and they would have traveled through them to illegally enter the UK. Just look at all the illegals in Calais, refusing to claim asylum in France as they want to live in the UK. Are they in fear of their lives in France?

If they have been granted refugee status in the UK, they can still live in the UK as long as they were honest in their asylum claim.

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that. Or they may even decide to claim in France instead or in any other safe countries they were going to travel through, if they will give them citizenship quicker.

bubulinea · Post by **bubulinea** » Sun Feb 22, 2015 9:28 pm

Petaltop wrote: If they were in fear of their life, then they would go to the nearest safe country and apply for asylum there. UK is surrounded by safe countries and they would have traveled through them to illegally enter the UK. Just look at all the illegals in Calais, refusing to claim asylum in France as they want to live in the UK. Are they in fear of their lives in France?

If they have been granted refugee status in the UK, they can still live in the UK as long as they were honest in their asylum claim.

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that. Or they may even decide to claim in France instead or in any other safe countries they were going to travel through, if they will give them citizenship quicker.

I actually wrote a wall of text trying to explain and then I re-read your post and stumbled across this:

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that.

Not gonna bother with you, to be honest.

khaledadda · Post by **khaledadda** » Mon Feb 23, 2015 8:05 pm

Hi
I taught I should share this info
I have seen solicitor today he told me that this new rules won't affect me as I have left the UK and applied for entry clearance , he said that it would affect me if I recieved the spouse visa within the UK wile I was overstayer
I will try and get it checked with diferent solicitor and see if I get the same advice

milan69 · Post by **milan69** » Mon Feb 23, 2015 8:10 pm

I wish you all the best khaledadda and it would be very helpful to all of us here if you would share your further experience.

mrsbean · Post by **mrsbean** » Tue Feb 24, 2015 10:41 am

Please see this post - i think this answers your question - Same situation - overstayed visitor visa for 10 months, got married, went back to the original country, applied for entry clearance and spouse visa, was granted ILR with no problem... But citizenship application was refused by HO for originally overstaying 10 months... Advice is good, but this is what happens in practice!

Re: Please help for refuse british application

Unread postby vales » Mon Feb 23, 2015 11:23 am

Sorry. I have husband and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU

mrsbean · Post by **mrsbean** » Tue Feb 24, 2015 10:50 am

See here

http://www.immigrationboards.com/britis ... 81573.html

vales · Post by **vales** » Tue Feb 24, 2015 12:35 pm

hi khaledadda a please my friend give me the number of the lawyer, is it very good? they make mistake for my British application too! How much do you pay him to make succes?

khaledadda · Post by **khaledadda** » Tue Feb 24, 2015 12:42 pm

Hi Mrsbean

Thank you for the clarification

I see that the solicitor give me wrong advice!

In my case when the 10 years will start is it fom the day I left the UK wen I was overstayer or from the day I recieved my spouse visa?

Many Thanks

khaledadda · Post by **khaledadda** » Tue Feb 24, 2015 12:50 pm

Hi Vales
I haven't applied for nuturalisation
The new requirement of Good Character unfortunatly affect all overstayer and there is no way out of it

vales · Post by **vales** » Tue Feb 24, 2015 4:10 pm

Thank you khaledadta. what is your lawyer? and how much? I find one expensive for £750, your lawyer is cheapest?

khaledadda · Post by **khaledadda** » Tue Feb 24, 2015 6:01 pm

Hi vales
As I said I haven't applied for my Nuturalisation

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Nuturalisation spouse of British citizen 3years complex!!!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!

Re: Nuturalisation spouse of British citizen 3years complex!