Applying again for citizenship

Nemazenkepeim · Post by **Nemazenkepeim** » Sat Aug 19, 2023 6:50 am

Hello,

I was just wondering if I need to declare the following events on the citizenship application.

- 2015 TV licence took me to court but I was cleared and no charge or penalty was given ( the year before I was living as an au-pair in the family home and I was advised at the court they had no licence, TV licence sent a letter on my name but they just put everything in the bin until the court paper arrived. I explained everything and the court agreed I should not have got entangled this and dropped the charge against me).

- The same year I got married but because my partner overstayed his visa the home office attempted to deport him after we give notice to the town hall, we went on with an immigration solicitor who said was all cleared and we were given the go, got married towards the end of the year (still together), however obviously the HO declared the marriage SHAM so we had to go to the court. In 2017 the court hearing took place and the judge sided with us, case was closed in our favour, they issued his residence card and also got settled status since.
This is not directly about me but I was involved so I was wondering if I need to mention.

Thanks for all advise

Post by **AmazonianX** » Sat Aug 19, 2023 8:45 am

Nemazenkepeim wrote: ↑
Sat Aug 19, 2023 6:50 am
Hello,

I was just wondering if I need to declare the following events on the citizenship application.

- 2015 TV licence took me to court but I was cleared and no charge or penalty was given ( the year before I was living as an au-pair in the family home and I was advised at the court they had no licence, TV licence sent a letter on my name but they just put everything in the bin until the court paper arrived. I explained everything and the court agreed I should not have got entangled this and dropped the charge against me).

- The same year I got married but because my partner overstayed his visa the home office attempted to deport him after we give notice to the town hall, we went on with an immigration solicitor who said was all cleared and we were given the go, got married towards the end of the year (still together), however obviously the HO declared the marriage SHAM so we had to go to the court. In 2017 the court hearing took place and the judge sided with us, case was closed in our favour, they issued his residence card and also got settled status since.
This is not directly about me but I was involved so I was wondering if I need to mention.

Thanks for all advise

It does not require mentioning and should not adversely affect you.

Nemazenkepeim · Post by **Nemazenkepeim** » Wed Jan 10, 2024 8:27 pm

Hi All,

I have originally came to the UK in 2014 May on a tourist visa, and after I met my now wife and overstayed the visa. We got married after the visa expired 2015 August and this case was dealt by the court and we have been given the clear in 2017 October. I got my resident card, then pre settled status in 2019 then it changed to settled in August 2020.
2021 October I applied for citizenship but it was refused on the good character requirements given we have not had the 10 years back then.
Since I believe this has changed but I was advised not to apply as I had a speeding fine and 3 points to my drivers licence. Now this speeding has expired in November 2023 but the offence itself will be visible until November 2024.

Am I in the clear to apply now or can I still get refused on any of these basis?

2014 September visa ended -overstayed
2015 August we got married
2017 Oktober got resident permit
2019 Pre-settlef (under EU-scheme as a spouse of an EU national)
2020 Settled status
2020 - 3 point and the fine for speeding sp30 offence. -now expired
2022 Citizenship application refused (has not been married for 10 years-change in law)

Thank you for the help!

Post by **contorted_svy** » Wed Jan 10, 2024 9:24 pm

I would wait until it's been 10 years from when you regularised your stay, considering you have other minor offences. Did you apply for a visa in Sept 2014? How and when did you secure lawful residence after your overstay? did you work while overstaying?

Nemazenkepeim · Post by **Nemazenkepeim** » Wed Jan 10, 2024 10:28 pm

I was granted lawful residence in August 2015 because of the marriage but as home office did not accepted it, this went to court and was heard in August 2017 and they have issued the resident permit by October 2017. After court hearing the barrister told us, this has been cleared and cannot be held against us, yet my first application was refused.

Last year the law has changed, also I had a minor offence but it has expired so my wife really wants me to get it sorted but do not want to waste the money again if they will refuse it.

Post by **contorted_svy** » Wed Jan 10, 2024 10:38 pm

Offences don't expire, they stay on your criminal record. If your stay became officially regularised in 2017, I would suggest asking a solicitor as your application has been refused before. As I said it depends if while you were overstaying you also worked or not. I would wait until 2027, after all you applied less than two years ago and it was refused.

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