Immigrationboards.com

Hi, all!
This is my first post in this forum, though I have been assiduously following most posts and subjects and therefore I most grateful for the inside provided. However, I would like to ask about something that does affect me concerning application about British citizenship. My wife is EU national and holds ILR, whilst also I hold permanent resident card. I came in this country in 2006 and applied for family permit after six months and was granted (for five years, up to 2012). Both were working but wife stopped working in 2010 and was relying on my incomes. So, when the time was right for me, 2012, to apply for permanent resident card it was refused twice; then I was advised to apply for another family permit instead of permanent resident card as wife was working again. It was granted five years ago, as for now I hold a permanent resident card and looking forward to apply for naturalization. Thus, this is my question: given the issue about the 'good character', does the previous refusal affect my application for British citizenship? Please, gurus et al., I do need your help. Thanks in advance.

P.S.- just to add up an point to my post. In
occasions when my applications were refused I was allowed to carry on working with the COA(certificate of application) while the HO was looking into my application. Thanks, again.

UK immigration rules do not apply to EEA family members so overstaying under the UK rules is not relevant. As far as I know the EEA directives allow EEA family members to reside in an EU state so as long as the EU family member was exercising treaty rights you should be fine.

Hi Zimba
Thanks for the feedback.

Zimba wrote: ↑

Fri Aug 09, 2019 6:08 pm

UK immigration rules do not apply to EEA family members so overstaying under the UK rules is not relevant. As far as I know the EEA directives allow EEA family members to reside in an EU state so as long as the EU family member was exercising treaty rights you should be fine.

OP : "Both were working but wife stopped working in 2010 and was relying on my incomes" . EEA national stopped working so technically NON EU didn't have right to reside because EEA national stopped working for 2 years

Thanks for your response. But my question is: could this factor affect my application for BC on grounds of immigration law regarding good character? Thanks in advance?

Hi Askmeplz
My wife stopped working because she started studying a vocational course, but she had not had a private healthcare insurance card. Thus, back then it was the reason my application for permanent resident card was refused in 2012. Therefore, to my limited knowledge about immigration law (EEA citizens) as long as an EU citizen hasn't left permanently the UK or has not divorce his/her non EU spouse should not been labelled as living illegally in the UK.

The onus of my question is ' how this could affect my application for BC given the issue of good character?'... please, I need your help. Any ideas? I plan to see a solicitor but first I would like to assess the question in this great forum.

askmeplz82 wrote: ↑

Sun Aug 11, 2019 4:25 am

Zimba wrote: ↑

Fri Aug 09, 2019 6:08 pm

UK immigration rules do not apply to EEA family members so overstaying under the UK rules is not relevant. As far as I know the EEA directives allow EEA family members to reside in an EU state so as long as the EU family member was exercising treaty rights you should be fine.

OP : "Both were working but wife stopped working in 2010 and was relying on my incomes" . EEA national stopped working so technically NON EU didn't have right to reside because EEA national stopped working for 2 years

Yes that is why I said as long as the EU family member was exercising treaty rights you should be fine.
The matter is NOT about overstaying, it is about determining if the EU national was exercising treaty rights.

Judeu wrote: ↑

Sun Aug 11, 2019 2:16 pm

The onus of my question is ' how this could affect my application for BC given the issue of good character?'... please, I need your help. Any ideas? I plan to see a solicitor but first I would like to assess the question in this great forum.

As you were given PR, I assume that you proven that your wife who was an EU national exercised her treaty rights. So you should be fine

Thanks again Zimba. May Lord continue blessing you

Hi dear moderators
Sorry if this is a wrong thread for me to ask about the following:
My no professional referee has a criminal record back when he was 18 years old. Therefore, my question is: would this aspect have a negative impact on the outcome of my application for BC?
I haven't submitted my application yet, but I'd like to have your opinion because the person in question is now a very decent adult.
Thanks in advance

Judeu wrote: ↑

Thu Jun 04, 2020 6:33 pm

Hi dear moderators
Sorry if this is a wrong thread for me to ask about the following:

Topics merged. Please do not tag your questions onto other members topics.

Judeu wrote: ↑

Thu Jun 04, 2020 6:33 pm

My no professional referee has a criminal record back when he was 18 years old. Therefore, my question is: would this aspect have a negative impact on the outcome of my application for BC?
I haven't submitted my application yet, but I'd like to have your opinion because the person in question is now a very decent adult.
Thanks in advance

Both your referees need to be of good character, so yes it can affect your application.

Sorry, Sr.! Thanks again.

Dear Moderators and gurus
Once again, thanks for the opportunity to be part of this magnificent forum.
I'm completing my online application for BC, in fact, it's almost completed. However, I sort of having second thoughts about the issues of convictions, penalties, reprimand...; I shall point out on the following:
i)September, 2014, I was stopped by traffic officer because unknowingly my MOT was two days overdue. I got fined £100 and paid it immediately.
ii) December, 2014, I overstayed parking in a road, got fined...paid it immediately.
iii) July, 2018, a cyclist bumped onto my car; I was found not guilty and it's on Hampshire county police records (as I have requested SAR? I saw it)...
iv) Last year, 2019, I was randomly stopped by a police officer and was asked to provide my driving licence and car's documentation, which I did and then I was allowed to proceed with my journey.
My questions is: should I mention any convictions, fine or reprimand? Sorry, guys my knowledge on legal matters is very limited, at the best. Thanks in advance gurus/moderators. Shalom!!

Declare the fines but None of them are relevant

Zimba wrote: ↑

Wed Jun 10, 2020 5:09 pm

Declare the fines but None of them are relevant

Thank, Zimba. Much appreciated.

Judeu wrote: ↑

Wed Jun 10, 2020 7:25 pm

Zimba wrote: ↑

Wed Jun 10, 2020 5:09 pm

Declare the fines but None of them are relevant

Thank, Zimba. Much appreciated.

Hi Dear Moderators (Zimba et al.)

First of all, thanks for your invaluable knowledge and experience into this forum. I would like to add up a concern of mine about 'good character' on the of breach of immigration law. Here is my issue: when I was applying for permanent resident card in 2012, it was refused twice and on both occasions I was given the opportunity to reapply or appeal - I did the former; besides a certificate of application that allows me to carry on working as before. In short: I was granted a resident permit in April, 2014 instead of a Permanent residence. My question is: Could this issue affect my British citizenship application? Should I explain this in a cover letter? I'm a non EU spouse to EU citizen.

I covered this above

Zimba wrote: ↑

Fri Aug 09, 2019 6:08 pm

UK immigration rules do not apply to EEA family members so overstaying under the UK rules is not relevant. As far as I know, the EEA directives allow EEA family members to reside in an EU state so as long as the EU family member was exercising treaty rights you should be fine.

Thanks Zimba, your response is much appreciated. Also, I would like to hear from other Moderators and Members' opinions.
Kind regards, Judeu

@judeau

You don't have to worry as long as your eu national was exercising treaty rights then you are good

I am also non eu national and was refused pr twice and after the 2nd refusal and appeal was also refused I was granted settled status via the settlement scheme. My eu national had a pr already and settled status and was also exercising treaty right as a retired pensioner..

Thanks @axerman, much appreciated. It's very encouraging.

Hi, @axerman
Have you also applied for British citizenship?

@judeau

Yes i have. Few days ago just waiting for biometric appointment

@axelman
that's great! Keep use updated.
Thanks again.
@judeu