Good character situation

Chicago · Post by **Chicago** » Wed Jul 25, 2018 7:23 pm

Hello Sir ,

I am seeking advice please ,I have been granted a UK Permanent residency card since 2016 .
I enter to the UK in 2008 illegally and I have been known to the home office in 2009 .

please when I can apply for British citizenship ?

Thanks a lots in advance

secret.simon · Post by **secret.simon** » Wed Jul 25, 2018 8:30 pm

Tenth anniversary of marrying your EEA citizen spouse (if married in the UK) or tenth anniversary of entering the UK as the family member of an EEA citizen (if married outside the UK).

You have already received extensive advice in another thread about a year ago.

ouflak1 · Post by **ouflak1** » Thu Jul 26, 2018 12:10 pm

Chicago wrote: ↑
Wed Jul 25, 2018 7:23 pm
I enter to the UK in 2008 illegally and I have been known to the home office in 2009 .

Only my opinion, but I believe that only applies if you, shortly after entering the UK (within 3 months), applied for Asylum and it was eventually granted. If in between that period of entry and (successfully) claiming Asylum, you made yourself known to the UK, then they will count from that date. Unless you've left out yet another incredibly important detail of your immigration history, this doesn't apply to you.

Chicago · Post by **Chicago** » Mon Aug 27, 2018 4:37 pm

Hello Sir ,

I would like to ask some questions however first I would like to describe my situation :
I came to this country in 2008 illegally and the Home Office caught me working in 2009 illegally and they release me in same Day . 1 year later I met my wife which she is EU citizen and we get married in 2011 than I have been granted 5 years EU family member residency document .
In 2016 I have been granted ILR .

I saw an Immigration lawyer recently and he said to me : he can put through British citizenship application and he can make big argument against Home Office why they didn't deported me in 2009 when they should DO . This is when they bring Good Character argument .

Please Sir , my question is :

what is your advice about what the Lawyer told me ? Is there Possibility to get Positive response from Home Office ?

Many Thanks in advance

CR001 · Post by **CR001** » Mon Aug 27, 2018 6:17 pm

Chicago wrote: ↑
Mon Aug 27, 2018 4:37 pm
Hello Sir ,

I would like to ask some questions however first I would like to describe my situation :
I came to this country in 2008 illegally and the Home Office caught me working in 2009 illegally and they release me in same Day . 1 year later I met my wife which she is EU citizen and we get married in 2011 than I have been granted 5 years EU family member residency document .
In 2016 I have been granted ILR .

I saw an Immigration lawyer recently and he said to me : he can put through British citizenship application and he can make big argument against Home Office why they didn't deported me in 2009 when they should DO . This is when they bring Good Character argument .

Please Sir , my question is :

what is your advice about what the Lawyer told me ? Is there Possibility to get Positive response from Home Office ?

Many Thanks in advance

You are grasping at straws. The advice you have already been given numerous times when you have asked the same question has not changed. You were in the UK illegally AND working illegally.

You cannot 'argue' your way to getting British citizenship approved.

Chicago · Post by **Chicago** » Mon Aug 27, 2018 7:26 pm

To be Honest the Lawyer which I spoke to Him is one of the best 5 immigration lawyers in London however I want hear opinions from other Legal advisers .

I explain to him all situation and he said he can win the case and he is certain .
And your opinion was 10 years from the date of marriage otherwise BC can't not be approved .

I am a bit confuse ?

Thanks

CR001 · Post by **CR001** » Mon Aug 27, 2018 9:13 pm

You can't 'win' citizenship. There is no appeal rights for a refused application either.

A lawyer has NO influence on your application for citizenship. You either qualify and meet the requirements or you don't. It is that simple.

Chicago · Post by **Chicago** » Tue Aug 28, 2018 4:37 pm

Thanks you so much CR001

Yes ,it's simple .
Please I would like to ask you one more questions :

I have got permanent residency till 2027 , if I would to live and work abroad and I would like to came back after 3 or 5 years to UK .

Do I will have still the right to work and live in UK ?
Do I will have the possibility also to make British Citizenship application ?

Kinds Regards
Thanks for help and advice

CR001 · Post by **CR001** » Tue Aug 28, 2018 5:18 pm

No. PR is lost if you are absent from the UK for 2 or more years. You would need a visa and 5 years residence again and PR again.

And lengthy absence will disqualify you for citizenship anyway.

secret.simon · Post by **secret.simon** » Tue Aug 28, 2018 6:46 pm

CR001 wrote: ↑
Tue Aug 28, 2018 5:18 pm
You would need a visa and 5 years residence again and PR again.

As you are a non-EEA citizen, if you lose PR, you will need to reapply for a relevant visa under the UK Immigration Rules and meet the relevant rules to apply for ILR, not PR under the EEA Regulations. You will have to start your immigration history from zero.

And, as CR001 has mentioned, the longer the absence, the longer it will take for you to qualify for citizenship. Remember that a naturalisation requires that there be an absence of no more than 90 days in the year preceding the date of application and no more than 450 days in the five years preceding that date.

Chicago · Post by **Chicago** » Tue Aug 28, 2018 7:42 pm

Thank you so much guys for the advice

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