Can I use expired passports for Naturalisation?

[jlugs]

Hi, I have read many interesting post which as helped shed some light unto my situation. Although I still believe mine is unique to some degree and perhaps could also help others in the future. The following is a summary of my story and I will appreciate credible opinions based on law or experiences.

1-Illegal entrant in early 2000s as a child
In the sense that I don't have the (access to the) travel document in my name
2—Arrested and issued a ‘penalty notice for disorder’ 2005
Police fine paid
3-Arrested 2008 for immigration offence (1)
Signed-on weekly for a while
4- Defaulted on a number of debt 2008 or there about, no ccj ever issued.
Didn't make any arrangement with the debtors. Just allowed for time to pass and its been time-barred. Financial record has been excellent since
5-Regularise status in 2010 married EU-Citizen
6-PR issued 2015
7- Considering bc application

I was aware of the 'good character requirements'(GC)-link below. Hence, I have patiently waited beyond the 10 year ban for citizenship application to pass in relation to (3) which came to the attention of HO when arrested in 2008.

Now my questions follows:
a- Do you think the HO may consider me someone that is a repeat offender? Although the GC guide suggest not.
b. Does the online application requires one to give or explain your financial history as well as coucil tax payments?
c. Can you confirm that my 10 year ban/conviction is now expired. Is my accessment correct that the ban expires in 2018?
d. Do I have to state that I worked illegally before (3)?
e. Under page 42 of GC, deception and dishonesty- am I oblidged to give these information relating m=to my financial life etc. if not requested in the application(I have no idea what application looks like)?
f. Although it may seem un-necessary or irrelevant- Is there anywhere in the application or is it worth writing about one's contribution to the society to suggest GC?
g. Is it likely that financial checks beyong what is available on credit agencies can be carried out? Am I oblidged to disclose this? Afterall, it isn't bankrupcy or is it?

These are the questions I have for now. I will update more when others comes to mind.

Thanks
https://assets.publishing.service.gov.u ... ooklet.pdf

[zimba]

a- Do you think the HO may consider me someone that is a repeat offender? Although the GC guide suggest not.

They might. I suggest to not apply unless 10 years have passed from any conviction or immigration issues.
As you regularised your stay in 2010, I suggest to wait until 2020 when you have 10 years of clean character history.

b. Does the online application requires one to give or explain your financial history as well as council tax payments?

Yes. Your work history and any bankruptcy should be declared. Council tax payment checks will be done by HO

c. Can you confirm that my 10 year ban/conviction is now expired. Is my assessment correct that the ban expires in 2018?

Rehabilitation does not apply to BC applications. Grant of BC is purely at discretion of HO and as I suggested above, you need 10 years clean history to maximise your chances.

d. Do I have to state that I worked illegally before (3)?

I suggest to disclose all relevant information. Checks will be done on your work history to ensure you didn't work illegally mostly in the last 10 years.

e. Under page 42 of GC, deception and dishonesty- am I obliged to give these information relating m=to my financial life etc. if not requested in the application(I have no idea what application looks like)?

I suggest to disclose all relevant information

f. Although it may seem un-necessary or irrelevant- Is there anywhere in the application or is it worth writing about one's contribution to the society to suggest GC?

Not really

g. Is it likely that financial checks beyond what is available on credit agencies can be carried out? Am I obliged to disclose this? Afterall, it isn't bankruptcy or is it?

Yes. Checks can be extensive and intel might come from multiple sources

[jlugs]

I apologies for such a long complex information. i would appreciate if the guru's here can help me. I general believe that I am overdue to apply.

Was served SI 96 a number of years ago having being found to had entered UK illegally. There after I applied for certificate of approval (CoA) at the time to allow me married my spouse. This process is max 6 months but it took over a year to be issued this document back then.

I think this scheme to request people to apply for CoA before they can marry was later deemed illegal and subsequently scrapped. However, this process prevented me from married and remaining under the SI 96 status longer than I should have been at the time.

My question are as follows:
1. i. For the purpose of good xter. Is being on temporary admission with restriction (SI 96) technically legal? In regards to good character requirement for breach of immigration rule? HO became aware of my status and served SI 96 in 2008.

The document states that:
A. You are a person who is liable to be detained
B. I hereby authorise your (further) temporary admission to the United Kingdom subject to
the following restrictions

- You must reside at the address shown at X above
- You must report to an immigration official at:
- You are NOT allowed to work or engage in any business unless you have been explicitly granted permission to do so.
Failure to comply with any of the above restrictions, without reasonable excuse, is a criminal offence

ANY CHANGE OF RESTRICTION

If these restrictions are to be changed, we will write to you.

- Although you have been temporarily admitted, you remain liable to be detained.
- This document Does Not confer a right to work and must not be accepted as such.
- You have NOT been given leave to enter the United Kingdom within the meaning of the Immigration Act 1971
1. ii. Under- “non compliance with immigration requirements” it states in point 4 that- an application would normally be refused, if failed, without reasonable excuse, to report when required to do so. I did not fail this requirement
2. Although may be irrelevant but I want to put it put there. Although I was on SI 96 but I was on it longer than I should because of UKBA refusal to issue CoA at the time. Since the prices was later deemed illegal, it is now apparent that UKBA actions ensured that I was unable to regularise my status earlier than I should. Could this form any type of defence of my position at all?
3. Finally it is critical that I apply for BC as not if I qualify. Hence, if time on SI 96 does not breach immigration rule for good xter. purposes, I’m I good to apply now?

I thank you for your time and very much look forward to reading your response.

[jlugs]

Thank Zimba for attaching previous enquiry on the same matter but with a different twist.

I believe that the current inquiry shed a light on the on a critical issue relating to the SI 96. This will help me understand regardless of anything else if to apply or wait until the end of the year(is it of significant important that I apply asap).

It is not clear to me if the temporary admission (day I brought myself to the attention of the authority i.e 2008 arrest for immigration offence) counts in my favour-although illegal at the time; but I was given permission base on certain condition.

Hence, if this permission stand (i.e not in breach of the temp condition such as any temp permission would be). I should be able to apply before 10 years expires.

I hope the point i'm trying to explain, makes sense. What do you think?

[zimba]

You mean IS96 I assume and no, that was not a formal permit to stay in the UK. IS96 was a kind of status that simply recognised the person’s presence in the UK without providing them with formal permission to stay in the UK under immigration laws so that they don’t end up being detained or deported until their case is processed. As I pointed out before, you need at least 10 years of lawful residence before you apply to maximise your chances of approval.

[jlugs]

Thanks Zimba,

I appreciate the clarity you provided.

[jlugs]

Hi,

Should you be interested, my previous inquiry can the found in the following link-
british-citizenship/i-m-i-overdue-citiz ... p#p1898257

The dates are random but in-line with situation to avoid pin-pointing exact dates here for privacy. So here is a summary-

1. Entered the UK early 2000s, undocumented
2. Arrested for migration offence 2008, required to sign-on
3. Married EU-Citizen in May 2010
4. RC issued in Dec 2010
5. PR card issues in Jan 2016
6. Qualify for Naturalisation 2020 (10 years of no immigration rule breach- good char. relevant)

For the purpose of naturalisation application, given the 6 points above; does my legal residence starts in May 2020 on the day of Marriage to EU spouse or in Dec 2020 when RC was issued?

7. My assumptions are that; I'm legally residence from date of marriage to EU spouse i.e. May 2010 but I fear Home Office would suggest that my residency begins when my RC was issued given that I was illegally in the country before that.

Relevant Home Office guide can be found here on page 23, under "immigration law"- https://assets.publishing.service.gov.u ... 7.0ext.pdf

I will appreciate all the advice I can get, tired of waiting to apply if I'm honest. I'd liked to thank you in advance for your time and help

[CR001]

Topics merged!

[vinny]

A RC is non-compulsory for a family member.

[jlugs]

Thanks vinny and to CR001 for merging the topics.

I would appreciate it vinny, if you could expand in relation to my question and assumption of what the Home Office may make of it.

I'm aware of the rule you eluded to. However, I recollected that I was told by the UKBA that, I had to keep reporting to them (signing-on) until they have concluded with my EEA2 application despite being married to an EU citizen. So for several months I continued to report to them.

Hence, if they thought it was right that I keep reporting despite no need to do so (but because of my circumstance) what is to stop then from suggesting that I do meet the good character requirement until Dec 2020 i.e 10 years from date RC was issued instead of May 2020 married date?

[vinny]

We are in 2021. Haven’t you passed the 10 year mark already on both dates?

[jlugs]

I noted that-

The dates are random but in-line with situation to avoid pin-pointing exact dates here for privacy.

Unrelated question-
I had 2 addresses for a while, I bought a house but had contractual agreement for a while in the other flat for roughly 4 months. Can the time at address overlap when completing the AN form?

[jlugs]

I followed both links-

A RC is non-compulsory for a family member.

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.
EUN2.20 What are the visa endorsements for EEA family permits? wrote:
After entry to the UK the holder can apply to the Home Office for a residence card. A residence card (an endorsement in the holder’s passport) enables the holder to re-enter the UK without the need for an EEA family permit for as long as they are the family member of an EEA national with a right of residence in the UK. A residence card, which is normally valid for five years, is simply a confirmation of the holder’s right of residence in the UK - it is not a compulsory requirement.

Under non- compulsory- I understand this and agree. However, I was confused and held on to HO's assertion that I must continue to sign-on until a decision was made on my application which is contrary to the directives. Obviously I was eventually issued a RC which confirms my right. I just need a word of confidence or confirmation that my legal residence commenced from date of marriage from the experts

OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003 wrote:
iv) For the purposes of reg 15(1)(b) the period of time during which a person "has resided in the United Kingdom with the EEA national ..." must commence from the date the person first became a family member that being the date of marriage in the case of a spouse.

Under the link- family member- I gave a quick read, I don't see the relevance of this, it's not related as to when my right starts. Moreover, the appellant's case was dismissed, or did I misunderstood it?

In addition(AN form relevant)- I can't remember some dates or the dates are entirely not available to me (i.e. caution/fine, dob of parents, first entry into UK etc). How do I go about this is the AN form. Do I leave the dates blank and make a note explaining that I don't have the information

I will be grateful for your assistance guys. Thanks

[jlugs]

Hi guys,
i want to apply for naturalisation by the end of the week but;
- my passport will expire at the end of the month
- my reference passport has also expired

i. how would this affect my application. are valid passports required? does it matter if I submit my application before the end of the month when passport expire?
ii. due to covid 19 restriction and backlog, acquiring a new passport could take many months. is this taking into consideration by HO?
iii. don't know parents date of birth, can i progress with online application without it?

I will appreciative if you guys could help answer my questions. A lot of my post goes unanswered.

thanks

[CR001]

Topics merged!

[vinny]

Applying for naturalisation with a recently expired passport may be okay.