Citizenship application with breaches of immigration laws history.

[Renanuk]

Hi all,

Hope this message finds you well.

I am about to start my Naturalisation application but have concerns about my immigration history from over 12 years ago.

From 2007 till 2011, I overstayed my tourist visa, worked illegally, and was deported from the UK. I returned in 2017 on an EEA family member entry clearance visa, obtained a 5-year right to reside under EU regulations, then received Pre-Settled status, and now hold ILR (settled status) since February 2023.

My question is:

Should I disclose these past immigration breaches in my citizenship application, even though they occurred over 12 years ago? I don’t see any questions relating to immigration breaches on the application form. Alternatively, should I include a covering letter apologising for these incidents?

Thank you in advance.

[alterhase58]

Disclose! If you don't disclose and are found out that would certainly put you in a bad light....

Have you been through the caseworker guidance relating to the "Good Character" requirement?
If not here's the link: https://www.gov.uk/government/publicati ... y-guidance

Note this quote from the guidance:
"Consideration must be given to all aspects of a person’s character, including both negative factors, for example criminality, immigration law breaches and deception, and positive factors, for example contributions a person has made to society. The list of factors is not exhaustive.

Each application must be carefully considered on an individual basis on its own merits. You must be satisfied that an applicant is of good character on the balance of probabilities. To facilitate this, applicants must answer all questions asked of them during the application process honestly and in full."

It's probably a good idea to be pro-active and submit a covering note describing your history both negative and positive, you can apologise of course but best to make sure your positives stand out.

We can't tell you whether you will be successful or not, bearing in mind that good character is subject to discretion. Other applicants with a difficult history may provide some input on their own experience.

[Renanuk]

Thank you for your reply, and sorry for the delay.

Regarding the 10-year route for good character, in my case, would it be okay? I left the UK in 2011 and came back lawfully in 2017. Will the 10 years start from 2011 or 2017?

Many thanks

[contorted_svy]

As you have been deported, I would make sure you wait at least 10 years from then. To be on the extra safe side I'd wait until you re-entered on a valid visa as that will show you have had a regular history and no more breaches.

[Renanuk]

Thank you for replying.

It has been 12 years since I was deported.

Regarding the questions on the application form, I can't find any questions where I can disclose my past immigration breaches. Should I answer NO to all the questions relating to good character and disclose my breaches in a covering letter?

Many thanks

[contorted_svy]

Yes, you need to disclose in a cover letter, and show evidence that your character has changed - you always worked legally and sought and obtained a visa to come back.

Remember to come back and report on your outcome so that it can be helpful to other members.