Re: Refused British Citizenship due to being in the UK Illeg

The main point of your case: how you provide your self during that period 2001 to 2005. who support you, they just don't want to approve your application.

During your Temporary admission if your irregular H/O also rise this point. its electric attendance. I don't think so if you submitted or prove of attedence during your T/Ad its helpful for you.
I never been absent during my T/AD send them evidence as well, never been involve any illegal work, never apply for job allowance. But they refuse application.

Get help form best immigration lawyer.
Best of luck.

mitulan9 wrote:Hi,
I have applied for naturalisation in March this year.I just receive letter last week asking as to what I have done to regularise my stay from Nov 2001-Nov 2005 after appeal for asylum exhausted in 2001 November.My time line as follow.

1999: entered UK claim asylum,given temporary admission
2001: Asylum refused in court.I was futher given temporary admission every 6 months with work allowed
2004 : I was sent letter to attend reporting centre every months and work prohibited.
2005 Nov: Applied for family member for EEA which was successful.
Jan 2006 : ARC returned to asylum centre after informing them during reporting in January EEA visa.

My problem: The nationality officer is asking how did I regularise my stay from 2001-Nov 2005.I attended every reporting session.I do not have any evidence with me as ARC was returned.This was more than 10 years ago so most of paperwork most probably lost.I got few temporary admission copy from my lawyer.My lawyer informed me if I got letter from homeoofice which stating that I have attended every reporting session as required it will be helpful.The reporting centre that I went 10 years ago is no longer available.I went to main home office only to be rerouted to various phone number which is pretty useless. Is there any other way I can get this letter.I was only given 3 weeks more to submit this evidence which is not fair as surely homeoffice will be able to see my previous records as the reference number is same.Please advise me further.

its for anybody who need old home office records. please make a subject access request to home office with 10 pound fee. home office will complete your request within 40 calendar days. you will get all home office records about you

Sorry I had the same situation of an illegal entry and I had my application been blocked at the checking service because of that . But after several research I came to many immigration advisor saying it's no a problem u can send it . One of them send me this document as an evidence but I'm still doubting

https://www.freemovement.org.uk/wp-cont ... letter.pdf
Wat is your advice

Rassel wrote:The main point of your case: how you provide your self during that period 2001 to 2005. who support you, they just don't want to approve your application.

During your Temporary admission if your irregular H/O also rise this point. its electric attendance. I don't think so if you submitted or prove of attedence during your T/Ad its helpful for you.
I never been absent during my T/AD send them evidence as well, never been involve any illegal work, never apply for job allowance. But they refuse application.

Get help form best immigration lawyer.
Best of luck.

mitulan9 wrote:Hi,
I have applied for naturalisation in March this year.I just receive letter last week asking as to what I have done to regularise my stay from Nov 2001-Nov 2005 after appeal for asylum exhausted in 2001 November.My time line as follow.

1999: entered UK claim asylum,given temporary admission
2001: Asylum refused in court.I was futher given temporary admission every 6 months with work allowed
2004 : I was sent letter to attend reporting centre every months and work prohibited.
2005 Nov: Applied for family member for EEA which was successful.
Jan 2006 : ARC returned to asylum centre after informing them during reporting in January EEA visa.

My problem: The nationality officer is asking how did I regularise my stay from 2001-Nov 2005.I attended every reporting session.I do not have any evidence with me as ARC was returned.This was more than 10 years ago so most of paperwork most probably lost.I got few temporary admission copy from my lawyer.My lawyer informed me if I got letter from homeoofice which stating that I have attended every reporting session as required it will be helpful.The reporting centre that I went 10 years ago is no longer available.I went to main home office only to be rerouted to various phone number which is pretty useless. Is there any other way I can get this letter.I was only given 3 weeks more to submit this evidence which is not fair as surely homeoffice will be able to see my previous records as the reference number is same.Please advise me further.

Hi,
I have sent them a letter detailing my temporary stay and regularly attending reporting centre as it was ask in questionnaire. I was not able to provide any evidence which I state in the letter due to long years(more than 10 years),I only provided statement of account of my NI contribution, Gp letters from all addresses.
I have receive approval for my citizenship within 2 weeks of sending this documents and letters. Just waiting for ceremony invitation which stated should arrive within 2 weeks. Thanks for advice and support.

Hi guys
I need your help. Your opinions/advises/comments will be appreciated.

I am on ILR and due to apply for naturalization in few months’ time.

I came to UK in 2004 on student visa.

In February 2007 I applied for further leave to remain in UK as a student which was refused in June 2007 based on the reasons that;
1. I couldn't show satisfactory progress in my course though I had appeared in three exams of ACCA and passed one and
2. I changed my course without informing home office and at the time of application I was not attending original course of ACCA.

I appealed in the Immigration Tribunal and on 2nd August 2007 Immigration judge dismissed the appeal as I was not satisfying the immigration rules at that time. BUT the home office representative mentioned that “if he was now embarking on another course, he had to make a fresh application all over again" and judge has mentioned that "The Appellant has applied to the Home office for leave to remain on the basis of these other courses. That is a matter for the home office to decide"

17-08-2007: I submitted another application for FRL as student
25-09-2007: Home office requested further documents like fresh bank statements, results etc.
08-10-2007: Home office refused the application saying leave to remain expired on 10-08-2007.

There was no right of appeal against the decision. They kept my passport and I was liable to be removed. I was in the uni doing my post grad and my first semester exams were due in December.
I called home office and explained them the situation and requested them to let me complete my first semester (final exam was on 10th December) and then I will leave the UK. They were agreed and asked me to book a flight on 11-12-2007 and fax them the confirmation. I faxed them my ticket on 22-11-2007 and then I was told that they will keep my passport and I am supposed to report to home office in Solihull on the day of departure.

I reported to home office on 11-12-2007 in person and I was served with;
1. NOTICE OF TEMPORARY ADMISSION TO A PERSON WHO IS LIABLE TO BE DETAINED IS96 dated 11-12-2007
2. DISCLAIMER IN CASE OF VOLUNTARY DEPARTURE dated 11-12-2007
3. NOTICE TO A PERSON LIABLE TO REMOVAL IS151A dated 01-11-2007
4. NOTICE OF IMMIGRATION DECISION IS151 PART 2 dated 01-11-2007; Date of Service 11-12-2007

I left the UK on the same day and then applied for an entry clearance which I was given and I came back to UK on 20-01-2008. Completed my post grad, then got Tier-1 General and then got ILR in early 2015.

What do you guys feel about my naturalisation application?
1. With reference to the above situation ONLY have I ever been in breach of immigration rules during my stay since 2004? If so then should it be classified as SUBSTANTIAL and/or DELIBERATE? Is such a situation be considered as EXCEPTIONAL CIRCUMSTANCES
2. My period of stay in UK from the date I exhausted my appeal rights till I left UK (From 10-08-2007 to 11-12-2007) will be considered as period of LEGAL RESIDENCE? Or period of UNLAWFUL PRESENCE? Or a period of TECHNICAL ABSENCE? And whether there are any DISCRETIONARY POWERS which secretary of state can exercise to grant naturalisation.
I have been silent readers of immigration boards since years and your responses are and will definitely be helpful for all others who are more or less in the same situation.

Thanks in advance guys

manzas wrote:...
I left the UK on the same day and then applied for an entry clearance which I was given and I came back to UK on 20-01-2008. Completed my post grad, then got Tier-1 General and then got ILR in early 2015.

What do you guys feel about my naturalisation application?

It looks like you are on track to be eligible on 20-1-2018. It was nice of the Home Office to hold off on deportation like that to let you finish up your studies.

manzas wrote:1. With reference to the above situation ONLY have I ever been in breach of immigration rules during my stay since 2004?

Yes. But the rules are such that they count from the first day your stay was lawful.

manzas wrote: If so then should it be classified as SUBSTANTIAL and/or DELIBERATE? Is such a situation be considered as EXCEPTIONAL CIRCUMSTANCES

I'm not really sure it matters how substantial, but if you were found to be deliberately thwarting the rules and process of the Home Office, which it doesn't sound like you were, then that would probably make things far more difficult. Exceptional circumstances are usually things like coming down unexpectedly ill and requiring specialized medical treatment such that you could not travel. It's got to be something pretty drastic.

manzas wrote: 2. My period of stay in UK from the date I exhausted my appeal rights till I left UK (From 10-08-2007 to 11-12-2007) will be considered as period of LEGAL RESIDENCE? Or period of UNLAWFUL PRESENCE? Or a period of TECHNICAL ABSENCE?

Unlawful residence on the condition that you would voluntarily leave.

manzas wrote:And whether there are any DISCRETIONARY POWERS which secretary of state can exercise to grant naturalization.

The United Kingdom may grant, or refuse to grant, citizenship as they see fit. There is practically infinite discretion on that matter.

I have applied for BN on the 12th of October this year. Just after applying I came to know that people were being refused if they had been here illegally. I arrived in Feb 2007 and over stayed because I met my civil partner. We went through the process of applying for COA, then residence card for 5 year and now I have completed 1 year of permanent residence. After finding out this information I wrote to the HO apologising, I wrote about my commitment to the UK and how I have always sought to keep the UKs law even since I legalised.

I know they have the power to refuse it but I hope they will see how genuine my letter was. I have no other conviction and I have never committed any further breach.

Fingers crossed but i am anxious

NENEMS wrote:I have applied for BN on the 12th of October this year. Just after applying I came to know that people were being refused if they had been here illegally. I arrived in Feb 2007 and over stayed because I met my civil partner.

What kind of visa did you enter the country with? Were they your civil partner before you came to the UK? Or did you meet them for the first time when you arrived in the UK?

NENEMS wrote:We went through the process of applying for COA, ...

Did you apply for the COA before your visa expired?

mkm12 wrote:Hi,

Due to increasing refusal rate of Naturalisation application has made me think if my previous overstay can be an issue?

So I have already submitted Naturalisation application in May on the basis of 5 years on Tier 1 and 1yr ILR. I first came in the country as student and then left. Got SEGS visa (1 year work visa issued for completing degree) from home country and came to UK. On expiry of SEGS, I filed an application to switch back to Student Category which was redused. So I requested HO for reconsideration through Lawyer, which was refused as well. So we requested for an appeal which was refused as well. So I left the country but it was overall 5 months overstay in 2007.

In 2009, I applied for Tier1 Visa from Home Country and explained my previous overstay, got Visa and so far everything is ok. I even mention it in every Visa extension for the reason of overstay. Other than that I have no conviction, tax payer and not claiming anything or done anything illegal. Got House here, my kid got British passport on the basis of my ILR. Do you think I can be the victim of Refusal based on Good Character requirement ???

Although I have already submitted application but it's making me uneasy thinking if things can go wrong ?
Thanks

Looks like my suspicions were right, today I got the letter stating that you have overstayed in 2007 as per our record and asking for details and evidence as in what I have done to regularise my stay. Now the problem is I lost all the paper work/letters that I received from Home Office then and I don't even remember when I got rejections. I only know when I left the country. I never thought I would need all these documents.
Any suggestions please

ouflak1 wrote:

NENEMS wrote:I have applied for BN on the 12th of October this year. Just after applying I came to know that people were being refused if they had been here illegally. I arrived in Feb 2007 and over stayed because I met my civil partner.

What kind of visa did you enter the country with? Were they your civil partner before you came to the UK? Or did you meet them for the first time when you arrived in the UK?

NENEMS wrote:We went through the process of applying for COA, ...

Did you apply for the COA before your visa expired?

I was here on Holidays then I met my partner here. He is from France. I have never worked whilst illegal. He supported me when my money finished. We were in love and started planning to get married. I applied for COA here when my visa was already expired.

NENEMS wrote:

ouflak1 wrote:

NENEMS wrote:I have applied for BN on the 12th of October this year. Just after applying I came to know that people were being refused if they had been here illegally. I arrived in Feb 2007 and over stayed because I met my civil partner.

What kind of visa did you enter the country with? Were they your civil partner before you came to the UK? Or did you meet them for the first time when you arrived in the UK?

NENEMS wrote:We went through the process of applying for COA, ...

Did you apply for the COA before your visa expired?

I was here on Holidays then I met my partner here. He is from France. I have never worked whilst illegal. He supported me when my money finished. We were in love and started planning to get married. I applied for COA here when my visa was already expired.

Maybe your letter will do the trick. You will just have to wait and see. On what did you finally acquire legal permission to remain in the UK?

Looks like you may have overstayed when your leave expired until you got married to an EEA national with a right of residence.

What kind of visa did you enter the country with? Were they your civil partner before you came to the UK? Or did you meet them for the first time when you arrived in the UK?

NENEMS wrote:We went through the process of applying for COA, ...

Did you apply for the COA before your visa expired?[/quote]


I was here on Holidays then I met my partner here. He is from France. I have never worked whilst illegal. He supported me when my money finished. We were in love and started planning to get married. I applied for COA here when my visa was already expired.[/quote]

Maybe your letter will do the trick. You will just have to wait and see. On what did you finally acquire legal permission to remain in the UK?[/quote]

I got the COA, got married then had my residence card granted and permanent residence afterwards.

Fingers crossed!

vinny wrote:Looks like you may have overstayed when your leave expired until you got married to an EEA national with a right of residence.

That is correct.

VInny or Amber or any senior member help me on this please.

My wife came to UK on Feb 2009 on Student dependent Visas. I have completed my Master Degree from the University of Manchestr and applied for PSW visas (I am Main applicant and my wife is PSW Dependent).Me and my wife granted PSW visas until June 2012.

After 1 Year we both applied for Tier 1 General Visas ( Again I am Main applicant and my wife is Tier 1 general dependent). On this occasion I have granted my Tier 1 Visas but my wife’s application is being rejected and UKBA refunded application fees as she forgot to sign the declaration form.

She applied for her Tier 1 Dependent visa after 7 months (on Jan 2012) and Tier 1 Dependent Visas were granted.

Dose this seven month count as overstay? Is she stayed as illegal? Or her PSW dependent visa covers that stay on not count as illegal.


Please reply.
Thanks

@sweech02 you have high jacked another member's thread and your situation bears no relation to the subject matter here and will just cause confusion. Please post this in your own thread.

NENEMS wrote:What kind of visa did you enter the country with? Were they your civil partner before you came to the UK? Or did you meet them for the first time when you arrived in the UK?

NENEMS wrote:We went through the process of applying for COA, ...

Did you apply for the COA before your visa expired?

I was here on Holidays then I met my partner here. He is from France. I have never worked whilst illegal. He supported me when my money finished. We were in love and started planning to get married. I applied for COA here when my visa was already expired.[/quote]

Maybe your letter will do the trick. You will just have to wait and see. On what did you finally acquire legal permission to remain in the UK?[/quote]

I got the COA, got married then had my residence card granted and permanent residence afterwards.

Fingers crossed![/quote]

If we look at what you wrote:
1- you switched from holiday visa ''uk immigration law'' to EEA route.( I can see: you have not overstayed)
2-He supported me when my money finished...
3-I have never worked whilst illegal (no, you have had an automatic right to work )
4-We were in love and started planning to get married. (living together)
5-I applied for COA here when my visa was already expired.(COA for/or EEA 2 is not mandatory)
Therefore, you have your chance if you see Metock case

bez010 wrote: If we look at what you wrote:
1- you switched from holiday visa ''uk immigration law'' to EEA route.( I can see: you have not overstayed)
2-He supported me when my money finished...
3-I have never worked whilst illegal (no, you have had an automatic right to work )
4-We were in love and started planning to get married. (living together)
5-I applied for COA here when my visa was already expired.(COA for/or EEA 2 is not mandatory)
Therefore, you have your chance if you see Metock case

1. There is not, and was not, any providence for switching from a visitor's visa to any other kind of visa type whilst remaining in the UK. Not then. Not now.

3. No she did not have an automatic right to work. Atleast not in the UK. She was absolutely correct not to work as this might have made things even more difficult. Being married to an EEA national does not confer automatic rights of any kind in the UK or, as far as I have researched, any EU country. No matter what, the rules require that you obtain a permit.

4. Relevant to perhaps other visas, but does not override overstaying her original visa. This is an application for citizenship, not another visa.

5. COA was mandatory for all of us non-EEA residents wanting to marry in the UK no matter who we were marrying.

The case that you referenced does not seem to apply to this woman's case in any way. She was not refused an EEA residency card. In fact, I don't think she face any visa refusal whatsoever. Further, there is no right to citizenship in the UK (or any country) for adults. It may be refused or conferred as the UK sees fit, for any reason the UK sees fit, or no reason at all.

Ouflak1 you are wrong in some points:

ouflak1 wrote:
1. There is not, and was not, any providence for switching from a visitor's visa to any other kind of visa type whilst remaining in the UK. Not then. Not now.

There is not any providence for switching form a visitor's visa to any other kind of visa under DOMESTIC LAW it is correct, however, in the case of bez010 it is an EU matter and Directive 2004/38 applies, therefore applying for the Certificate of approval (COA) was the correct proceed to seek permission to married while being an overstayer, as the other party was an EU citizen. In contrast if the other party would be a UK citizen, then there were no grounds to apply for COA and the other partner would had needed to get back to their own country.


3. No she did not have an automatic right to work. Atleast not in the UK. She was absolutely correct not to work as this might have made things even more difficult. Being married to an EEA national does not confer automatic rights of any kind in the UK or, as far as I have researched, any EU country. No matter what, the rules require that you obtain a permit.

This is a wrong information, if the partner was granted with the COA, then it is true, is not a proof of being legal in the country, however, the moment the they got married, he became a Family member of an EU citizen, again, Directive 2004/38 applies, which means that the spouse acquire the same rights as the EU citizen, and the fact the the EU partner is a worker, the non-eu partner has entitlement to be treated as his partner is, again section 2 of the Directive . Applying for an EEA2 isn't compulsory but advisable. I think you are confusing DOMESTIC LAW with EU LAW, the fact the one of the partners is a EU citizen and have move to another Member State and is exercising his treaty rights, allows him to rely on such law. British citizens cannot rely on EU law on its own country, therefore Domestic Law (UK Immigration Law) applies.


4. Relevant to perhaps other visas, but does not override overstaying her original visa. This is an application for citizenship, not another visa.

It is true does not override overstaying, but as soon as the marriage took effect, gave him status in the UK as a Family Member of an EU citizen, as long as the partner is exercising his treaty rights in the UK.

5. COA was mandatory for all of us non-EEA residents wanting to marry in the UK no matter who we were marrying.

Incorrect, COA was mandatory for people who has less than three months in their visas, but such a visas ere given for a minimum period of 6months, tourist visas were not able to apply for COA ( if the partner was British) anyone who has more than 3 months 'leave to remain' in the UK needed no to apply for any COA, just give the mandatory notice in the register office.

The case that you referenced does not seem to apply to this woman's case in any way. She was not refused an EEA residency card. In fact, I don't think she face any visa refusal whatsoever. Further, there is no right to citizenship in the UK (or any country) for adults. It may be refused or conferred as the UK sees fit, for any reason the UK sees fit, or no reason at all.

I entered in the UK in 2005 as a tourist and overstayed my visa for 4 years, got into a civil partnership with a Polish National in 2009, I applied for EEA2 however, I only needed my Civil partnership certificate my passport and my partners passport to get my NI, and I never applied for an EEA4, instead I applied for Naturalisation last May 15, yesterday (14-11-15) got my invitation letter to attend my ceremony . I think my case is kind of similar to bez010, so dont lose hope, because they treat cases under EU law more carefully, they still though need to meet the criteria to get it granted.

Hi friends and moderators

I am new to this forum but i have heard that it is very helpful specially person like me who worried about applying naturalization. i had ilr since one year through tier 1 general, every thing is fine except previous tax affairs.
i got tier 1 genral and ext and ilr by showing 30k self employed earnings, but i some how suffered losses after getting visas mentioned above so paid less tax on less earnings than 30k but paid always in time nothing owe to hmrc.
my question is the form na for nationality asks my tax ref, would they check and dig my previous earnings tax before ilr? could my ilr is at risk if i apply nationality?

i would be thankful plz moderators help me.
regards
rohit#####

I suppose my story is well documented on this forum but here is a summary;

1- Entered Uk illegally as a child at 11 in 2001(not my own doing)
2- No form of documentation by dad and step mom at the time until when I got kicked out in 2005
3- Shortly before being kick-out of home, was registered to attend college. Attended college summer 2005-2009, didn't inform HO of status as I was scared.
4- Eventually got arrested for immigration offence 2009 and issued IS.96 and required to sign in weekly
5- Applied for CoA to marry in early 2010, issue 2011
6- Married 2011. RC subsequently issued in 2011
7- 5th Wedding anniversary is approaching. Thus PR status due soon and also looking ahead for BC in 2017 if I may but then this new regulations on good character.

My questions are;

1- What is the possibility of refusal of BC based on the above?
2- Are there any consideration for people like me who entered uk as a child?
3- If not of the circumstances above are considered, does the 10 year ban starts from the day HO is aware of my status i.e when I got arrested and served IS.96?

Looking forward to you responces guys, particularly Amber, if available.

Thank you

ouflak1 wrote:
1. There is not, and was not, any providence for switching from a visitor's visa to any other kind of visa type whilst remaining in the UK. Not then. Not now.

ae.avator wrote: There is not any providence for switching form a visitor's visa to any other kind of visa under DOMESTIC LAW it is correct, however, in the case of bez010 it is an EU matter and Directive 2004/38 applies, therefore applying for the Certificate of approval (COA) was the correct proceed to seek permission to married while being an overstayer, as the other party was an EU citizen. In contrast if the other party would be a UK citizen, then there were no grounds to apply for COA and the other partner would had needed to get back to their own country.

The COA had nothing to do with EU law and was not a recognized procedure. Any temporary resident wanting to get married in the UK who was non-EEA had to get a COA in those days. There was nothing wrong with her applying for a COA and it was mandatory if she wanted to get married in the UK. But it had no effect on immigration status whatsoever, not in the EU, not in the UK

ouflak1 wrote: 3. No she did not have an automatic right to work. Atleast not in the UK. She was absolutely correct not to work as this might have made things even more difficult. Being married to an EEA national does not confer automatic rights of any kind in the UK or, as far as I have researched, any EU country. No matter what, the rules require that you obtain a permit.

ae.avator wrote: This is a wrong information, if the partner was granted with the COA, then it is true, is not a proof of being legal in the country, however, the moment the they got married, he became a Family member of an EU citizen, again, Directive 2004/38 applies, which means that the spouse acquire the same rights as the EU citizen, and the fact the the EU partner is a worker, the non-eu partner has entitlement to be treated as his partner is, again section 2 of the Directive . Applying for an EEA2 isn't compulsory but advisable. I think you are confusing DOMESTIC LAW with EU LAW, the fact the one of the partners is a EU citizen and have move to another Member State and is exercising his treaty rights, allows him to rely on such law. British citizens cannot rely on EU law on its own country, therefore Domestic Law (UK Immigration Law) applies.

They can acquire some rights of residence. But being married doesn't mean you automatically do. The EU law was designed with the intention that rights to work and residence could be vetted by those in a position do so, namely the countries themselves. Applying for an EEA2 residency is needed if you want to work legally in the country of residence for the random half-dozen countries I looked at. I could find no exceptions to that. Maybe you can. It is also needed for travel from one country to another. There is no right to work. That's been firmly established. There is a right to free movement as long as the non-EEA spouse/dependent is traveling with their EEA2 spouse. Obviously Schengen countries have their own agreements within this regards. That has also been established and the UK has not violated any of this in the response to the OP's situation.

ouflak1 wrote: 4. Relevant to perhaps other visas, but does not override overstaying her original visa. This is an application for citizenship, not another visa.

ae.avator wrote:It is true does not override overstaying, but as soon as the marriage took effect, gave him status in the UK as a Family Member of an EU citizen, as long as the partner is exercising his treaty rights in the UK.

If that were true, the nature of about 50% percent of the advice given to marriage related issues on this forum would change radically. In fact, that would probably change everything.

ouflak1 wrote:5. COA was mandatory for all of us non-EEA 'temporary' residents wanting to marry in the UK no matter who we were marrying.

ae.avator wrote: Incorrect, COA was mandatory for people who has less than three months in their visas, but such a visas ere given for a minimum period of 6months, tourist visas were not able to apply for COA ( if the partner was British) anyone who has more than 3 months 'leave to remain' in the UK needed no to apply for any COA, just give the mandatory notice in the register office.

Nope. I had 3 years left on a Work Permit and had to get a COA. My wife had over 2 years left on a student visa and had to get a COA. The COA was mandatory for all non-EEA 'temporary' residents wanted to get married in the UK. In fact, you couldn't qualify for a COA unless you atleast 3 months remaining on a visa that was initially valid for 6 months or longer! (though they might just ask for further evidence of genuineness of the marriage in that case)

ae.avator wrote:I entered in the UK in 2005 as a tourist and overstayed my visa for 4 years, got into a civil partnership with a Polish National in 2009, I applied for EEA2 however, I only needed my Civil partnership certificate my passport and my partners passport to get my NI, and I never applied for an EEA4, instead I applied for Naturalisation last May 15, yesterday (14-11-15) got my invitation letter to attend my ceremony . I think my case is kind of similar to bez010, so dont lose hope, because they treat cases under EU law more carefully, they still though need to meet the criteria to get it granted.

The UK may grant or refuse citizenship as it sees fit. I guess this is the one point where we agree. Maybe her letter will do the trick. Throw in the fact that her overstay wasn't too long, her COA was approved as well as her later residency permit. We'll just see how it goes. Some cases are black-and-white but many are not, and this new good character requirement is still new for all of us.

Congratulation ae.avator.
Well,it is not my case but it was another member (NENEMES) case, I haven't applied yet, it was just trying to explain to her EU law, before ouflak1 gave his views...thanks to him and you to have nice legal talk/argument which can help other members, thank so much to share your experience, which could wake-up others to do so.
COA means two things:
1-Certificate of Application which is valid 6 months after applying what was so-called EEA2 or EEA4 ( which had/have not been compulsory, so what I meant automatic rights of work to.. to.. to..)
2-Certificate of Approval issued by Local Register Office(LRO) who had longtime checked and interviewed or alerted Home Office about anything wrong, NENEMES was married in 2007 when her LRO gave her COA, because by their duties, they didn't find evidence of a marriage of convenience (COA could be as a proof and a good evident for her as LRO has never given COA to illegals here, who abused law or over-stayers since 2006, when a new EU law came to be applied...).
So dear NENEMES I told you have your chance...as you have been in relationship with your partner since 2007, this is another proof / evidence of genuineness of this long relationship (as ouflak1 means).

Metock case has been given you (ae.avator) this approval, and will do same in some way for NENEMES in near future (hope hear from her about a decision about her case, as she applied in last month).
Well, Metock case means : under EU law, there is not (prior lawful residence) requirement to reside (or to enter to the UK and reside and work- there is not illegal work here) for a non-EU family member, unlikely who is under Domestic Law / not under EU route)
So, Immigration and citizenship were different matters, but here for citizenship purpose, such person is not on illegal entry position, illegal work caught or overstayed as living with his/her EU partner..Therefore, there is no new good character requirement apply here to such person under EU law who wasn't (or hasn't been) in breach of the LAW (EU law) which has been a part of British law.
Please note Metock case is for who is under EU law not for who is under UK Immigration law (Domestic Law).

bez010 wrote: COA means two things:
1-Certificate of Application ....
2-Certificate of Approval ....

I have to admit I've gotten these two things mixed up. I hadn't even heard of the Certificate of Application until recently.

bez010 wrote: Metock case has been given you (ae.avator) this approval, and will do same in some way for NENEMES in near future (hope hear from her about a decision about her case, as she applied in last month).
Well, Metock case means : under EU law, there is not (prior lawful residence) requirement to reside (or to enter to the UK and reside and work- there is not illegal work here) for a non-EU family member, unlikely who is under Domestic Law / not under EU route)
So, Immigration and citizenship were different matters, but here for citizenship purpose, such person is not on illegal entry position, illegal work caught or overstayed as living with his/her EU partner..Therefore, there is no new good character requirement apply here to such person under EU law who wasn't (or hasn't been) in breach of the LAW (EU law) which has been a part of British law.
Please note Metock case is for who is under EU law not for who is under UK Immigration law (Domestic Law).

Citizenship is strictly in the province of the country wishing to grant/refuse such a privilege. The EU, purposely, has no say in the matter of any country's citizenship, on what basis it is granted, refused, or in what manner. The only effects the EU has on any part of any citizenship of its member states are the basic 'human rights' guidelines that member countries atleast offer a realistic route for long-term residents to acquire it, especially for those who were born in the countries or arrived in the country at a very young age, and have some rules in place to reduce/prevent statelessness. But even in those cases, no country has to grant citizenship. Any country may consider whatever standards it wishes to grant the privilege including: the indiscriminate use of pure quotas, considering previous service in a foreign military, excluding dual nationality, jus soli, jus sanguinis, terrorist associations, etc, etc,... and yes, even considering whether or not its own domestic immigration policies have been violated.

The EU has shown no interest in meddling in these affairs, and in fact is probably quite happy to stay out it, as it is a fiercely nationalistic topic.

bluecole2 wrote: 1- What is the possibility of refusal of BC based on the above?
2- Are there any consideration for people like me who entered uk as a child?
3- If not of the circumstances above are considered, does the 10 year ban starts from the day HO is aware of my status i.e when I got arrested and served IS.96?

Looking forward to you responces guys, particularly Amber, if available.

Thank you

1. High possibility of refusal. Very high.

2. Yes, there is consideration about illegality as a child, but children are covered by the good character requirement too. It is less to be held against a person that they were unlawfully in the UK as a child, but it isn't ignored altogether. I don't know when you turned 18, but if there is a gap between that and you getting your first leave to remain, of whatever sort, that gap will be a problem too.

3. It's not a 10 year ban under the guidance, precisely, it's more that you have to show that in the 10 years preceeding you haven't been in breach of the UK's Immigration Laws. So the 10 year period would start when you first got leave to remain (whatever form it was) provided you didn't become illegal again.

This is "guidance" as to good character. The statutory provision is that the Home Secretary has to be assured you are of Good Character, under the British Nationality Act 1981. The guidance sets out the normal course of events and how the SSHD will usually consider character. There can be exceptions to the general rule as set out.