Immigrationboards.com

Hi ,

I have a question regarding the 10 years good character requirements regarding overstaying :


My husband is Egyptian, he came to the uk in 2010 and I am a french national . I got the uk citizenship in 2019 and my husband got french citizenship in 2020 . So sofar he is egyptien - french and I am french and british . We got married in the UK in January 2013 and we have a 10 month old baby born in the UK . He received his first residence card in summer 2014 after wining an appeal (application was done in February 2013 but the home office did a mistake and went to the wrong address to check we were living together and he got refused but appeal in June 2014 was successful ) , he then got permanent resident card in 2019 , he now has settle status and ILR.


My concern is mainly regarding the “good character “ part looking at the last 10 years . Indeed my husband overstayed longer than his tourist visa allowed him to in 2010 and received his first residence card in summer 2014 as explained above .

Could he be refused because it hasn’t been 10 years since he had his first residence card / acceptance letter from the home office in summer 2014 following the appeal or there is no risk at all to apply now ? Or is it 10 years from when we got married in January 2013 in which case it is fine as it has been 10 years already ?

Also I saw some information saying that the good character rule have been amended on 28/06/2022 and the article 6(2) of the British nationality act of 1981 says if married to a British citizen (myself ) “ they are automatically treated as meeting the lawful residence requirement during the qualifying period without further enquiry.”

Is this correct and is then in our favour ? Does he have to mention this article in his application to be on the safe side or does the home office studying his application should 100% know this as we don’t want to take any risk to be refused unfairly as it happened before ?

Thank you very much for your advice

Kind regards

Miro

Hello
I am on the same boat . Applied on 27th January
And I had immigration history ( overstayed visa on 2013 )
I hope It won't be issue for both of us .
Did u declare the overstay on your application ,?

Hi there, I'm in a similar situation. My husband overstayed his holiday visit visa in 2008. He voluntarily left the UK in November 2012.
He then re entered the UK in August 2014 on spouse visa.
He's had his ILR since November 2019 but we still have not applied for his neutralisation as we are worried it will be refused on good character bases.