Immigrationboards.com

Hello everyone,

First of all, I would like to say thank you to everybody for all your input and time.

I recently got PR card and would like to apply for Naturalisation on the grounds of being married to a BC.

Here is my situation:
• 2005-2009 – arrived to the UK and stayed on student visa
• Before my visa was expired, I applied for COA (to get married to EU national)
• 2011 - over a year (!) later received COA
• During the wait, I continued my employment in the same company, but eventually I was asked to leave, as I didn’t have a valid visa
• 2011 - got married and granted EEA Family member visa
• 2013 - my spouse became British
• 2017 - got my PR card

So, I have a question, I am worrying about my “illegal employment” and “overstay” which took place in 2009-2011, can HO refuse my application under “good character” or they are only interested in between now and 3 years ago as I am applying as a spouse of a British citizen? What options/chances do I have?

I would be very grateful for any help and advice.

Best regards,

S

Good character test will apply over your whole immigration history, from date of first entry into UK.

noajthan wrote:Good character test will apply over your whole immigration history, from date of first entry into UK.

Hi noajthan,

Thank you for the reply.

Can you please advise what options do I have or what shall I do please?

Best regards,

S

www.serge wrote:Hi noajthan,

Thank you for the reply.

Can you please advise what options do I have or what shall I do please?

Best regards,

S

You may face a ban as an overstayer.
You can dig into such vital questions here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

noajthan wrote: You can dig into such vital questions here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years
preceding the application the person has not been compliant with immigration
requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

So, based on that, it is definitely "no no".

But I’ve also read on http://www.gov.uk (Become a British citizen) this:

Standard requirements (in cases when not being married to a BC)

You can apply for British citizenship by naturalisation if:
• you’re of good character, for example, you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years

However, there are different rules if someone is married to a British citizen:

If you’re married to, or the civil partner of, a British citizen, you can apply for citizenship if:
• you’re of good character, for example you don’t have a serious or recent criminal record

That's all, nothing about 10 years requirements or immigration offences, so it is now very confusing!


noajthan, have there been any successful cases in the similar situation as mine or in your experience most likely it will be refused?

Best regards,

S

The website is just edited highlights and does not give the whole picture.

Overstayers do face a ban; as explained in the document, good character is assessed based on various factors and a balance of probabilities is weighed up.

noajthan wrote: Overstayers do face a ban;
good character is assessed based on various factors and a balance of probabilities is weighed up.

All overstayers? Or it is matter of luck/case worker's mood?

What if I include a letter with explanation about that particular period when i'd been waiting for my COA?
I wasn't hiding from the HO and they knew where I live, they had all of my documents including the passport. Could this be helpful?

Best regards,

S

www.serge wrote:All overstayers? Or it is matter of luck/case worker's mood?

What if I include a letter with explanation about that particular period when i'd been waiting for my COA?
I wasn't hiding from the HO and they knew where I live, they had all of my documents including the passport. Could this be helpful?

Best regards,

S

The document explains how it works. Balance of probabilities.
Refer to that.

noajthan wrote: The document explains how it works. Balance of probabilities.
Refer to that.

noajthan, thank you. After sleeping on it, I think I'm going to try my luck and apply now.
Do you know if I should include any "explanation letter" with my application?

To be honest, this is very frustrating, we all know that extending visa in the UK takes time and in my experience (4 or 5 extensions) I'd been waiting between 3 and 10 months every time. And now they want to use this against us, very nice indeed.

Thanks for your time anyway, you were very helpful as usual.

Best regards

S

Dear S .
Please update us what happend? did you apply fo BC ?please let us know thanks