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Some Advice please - would be greatful

Posted: Wed Apr 29, 2015 4:23 pm
by gulakam88
My husband is due to apply for BC in July 2015. However Ive a few pointers that i need help with clearing up.

(1)Even though his ILR was granted early July last year, his 3 years residence as married to a BC would be 2nd June 2015 so can we apply from then or is it paramount that it has to be a full 12 months ILR?

(2) It asks for previous addresses from the last 5 years. But from Dec 2009 - Dec 2010 he had no fixed address( as he was illegal and his post came to my address) so was in between me and his uncle so would i need to include this in the extra information box? ..

(3) Lastly, since he was illegal here from dec 09 - sep 2011, he voluntarily left the UK Sep 2011 and returned here on spouse visa in June 2012. Will i need to declare this as the form doesnt ask for this? I did his spouse visa application, his ILR and i did mention it on his spouse visa about the overstaying but so far it hasnt been an issue. Is it likely to cause a problem now?

I have heard of the changes since Dec 2014 but we want to go for it.

Thanks

Re: Some Advice please - would be greatful

Posted: Wed Apr 29, 2015 4:32 pm
by Siraj ud-Daulah
gulakam88 wrote:My husband is due to apply for BC in July 2015. However Ive a few pointers that i need help with clearing up.

(1)Even though his ILR was granted early July last year, his 3 years residence as married to a BC would be 2nd June 2015 so can we apply from then or is it paramount that it has to be a full 12 months ILR?

(2) It asks for previous addresses from the last 5 years. But from Dec 2009 - Dec 2010 he had no fixed address( as he was illegal and his post came to my address) so was in between me and his uncle so would i need to include this in the extra information box? ..

(3) Lastly, since he was illegal here from dec 09 - sep 2011, he voluntarily left the UK Sep 2011 and returned here on spouse visa in June 2012. Will i need to declare this as the form doesnt ask for this? I did his spouse visa application, his ILR and i did mention it on his spouse visa about the overstaying but so far it hasnt been an issue. Is it likely to cause a problem now?

I have heard of the changes since Dec 2014 but we want to go for it.

Thanks
Due to Dec 2014 changes the overstaying is most likely to cause havoc. :(

Re: Some Advice please - would be greatful

Posted: Wed Apr 29, 2015 4:33 pm
by cs95tdg
I'd urge you to read the information posted under the following thread. Due to the immigration rule changes that came into effect in December 2014, illegal stay would in most cases result in refusal until 10 years from the date his immigration status was legalised. From what you've stated this appears to be 10 years from June 2012.

http://www.immigrationboards.com/britis ... 84190.html

Re: Some Advice please - would be greatful

Posted: Wed Apr 29, 2015 4:39 pm
by secret.simon
As your husband's residence was illegal quite recently, I think the odds of getting naturalisation are close to zero. You may wish to reconsider submitting the application.

The earliest that he can apply under current rules is September 2021.

Re: Some Advice please - would be greatful

Posted: Wed Apr 29, 2015 4:48 pm
by gulakam88
OK Thanks everyone.

One thing i dont understand is that a friend of mine works for NCS and she spoke to a caseworker on hubbys behalf. They told her it would be 50/50 and it would just depend on the caseworker at the time. This was a few weeks ago. She then told me he would only be banned for 10 years if he ENTERED illegally which he didnt.