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previous illegal entry - when to apply for BC

Posted: Tue Dec 04, 2018 9:09 am
by AKDK
Hello everyone,

i have entered UK illegally back in 2006, got married to an EU citizen in May 2009 and got my first Residence Card in August 2009. Been holding Permanent Residence since March 2015.

my question is - can i apply in May 2009 ( 10 years marriage anniversary ) or in August 2019 - 10 years since my first Residence card was stamped in my passport?

many thanks

Re: previous illegal entry - when to apply for BC

Posted: Tue Dec 04, 2018 10:44 am
by jgreen6123
It’s 10 years since your illegal entry or if the date is not known then 10 years since your first dealings with the HO. Please note:

The decision maker will normally refuse an application where there is evidence that a person has entered into a marriage/civil partnership which is not genuine – particularly where an application for citizenship is on the basis of that marriage/civil partnership.

It won’t be an easy ride to convince the HO that your marriage in the first place wasn’t contracted to sort out your status and then apply for BC, not even mentioning they will most likely dig deep to see if it’s still a genuine marriage.

Re: previous illegal entry - when to apply for BC

Posted: Tue Dec 04, 2018 11:03 am
by AKDK
thanks for your answer.

im aware of the rules, however it is a bit confusing if i should count from the date of my marriage or the date my application was sent to HO or when the first RC was issued. what would count as "brought up to HO attention". i was under impression it starts from the date we got married.

PS: regarding your suggestions about my marriage. we have been interviewed reg our marriage long time ago, HO was satisfied it was genuine and i have since got 2 residence cards and eventually Permanent Residence 3.5 years ago. And sadly my husband has passed away

Re: previous illegal entry - when to apply for BC

Posted: Tue Dec 04, 2018 11:11 am
by CR001
Date of marriage is the relevant date when your status became 'legal'.