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Immigration history
Posted: Mon Jun 26, 2023 12:17 pm
by Sidali42
Hi everyone
I have question if anyone can help . I entered uk illegally first time I have now indefinite leave and I want to apply for citizenship. I heard some people online saying that the law changed and you can apply for citizenship after one year with indefinite even if you entered illegally before . Anyone can advise me with this .
Thank you
Re: Immigration history
Posted: Mon Jun 26, 2023 12:25 pm
by meself2
It's not exactly as clear cut as you state. When did you enter the UK and when did you become a lawful resident?
Immigration law breaches can be overlooked as seen in guidance (below), but you can still be refused due to other issues with your conduct in the UK (for example, if you worked in the UK illegally while you were an overstayer, that would breach the good character conditions).
I'm not sure if there has been a successful case reported on forums about getting citizenship as an illegal entrant before 10 years have passed, as it is still at HO's discretion (see wording - "my be disregarded").
See
https://assets.publishing.service.gov.u ... racter.pdf - lawful residence for guidance phrases.
To align with changes to the qualifying period, where a person has committed
immigration breaches relating to:
• illegal entry
• absconding
• overstaying
may be disregarded when assessing good character during the 10-year period prior
to the application, but only where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision
Re: Immigration history
Posted: Mon Jun 26, 2023 1:13 pm
by Sidali42
meself2 wrote: ↑Mon Jun 26, 2023 12:25 pm
It's not exactly as clear cut as you state. When did you enter the UK and when did you become a lawful resident?
I/
may be disregarded when assessing good character during the 10-year period prior
to the application, but only where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•
that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision
[/quote]
Thanks for your answer
I entered uk 2015 . I got married to eu citizen and became legal 2017 and I got my indefinite under eu settlement 2022 . I don’t have any criminal records or been caught working illegally before .! Do you think I still can apply ?
Thanks
Re: Immigration history
Posted: Mon Jun 26, 2023 5:28 pm
by Ticktack
Sidali42 wrote: ↑Mon Jun 26, 2023 1:13 pm
meself2 wrote: ↑Mon Jun 26, 2023 12:25 pm
It's not exactly as clear cut as you state. When did you enter the UK and when did you become a lawful resident?
I/
may be disregarded when assessing good character during the 10-year period prior
to the application, but only where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•
that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision
Thanks for your answer
I entered uk 2015 . I got married to eu citizen and became legal 2017 and I got my indefinite under eu settlement 2022 . I don’t have any criminal records or been caught working illegally before .! Do you think I still can apply ?
Thanks
[/quote]
At this point, it's a gamble. You're better off waiting till 2027.
Re: Immigration history
Posted: Tue Jun 27, 2023 1:08 am
by AmazonianX
Sidali42 wrote: ↑Mon Jun 26, 2023 1:13 pm
meself2 wrote: ↑Mon Jun 26, 2023 12:25 pm
It's not exactly as clear cut as you state. When did you enter the UK and when did you become a lawful resident?
I/
may be disregarded when assessing good character during the 10-year period prior
to the application, but only where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•
that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision
Thanks for your answer
I entered uk 2015 . I got married to eu citizen and became legal 2017 and I got my indefinite under eu settlement 2022 . I don’t have any criminal records or been caught working illegally before .! Do you think I still can apply ?
Thanks
[/quote]
Not "been caught" does not mean you will not declare working illegally as in the declaration you will state that all is genuine else you will be caught out with deception.
Counting from 2017, wait till 2027 for the 10years.
Re: Immigration history
Posted: Tue Jun 27, 2023 9:01 am
by samiat1970
Ticktack wrote: ↑Mon Jun 26, 2023 5:28 pm
Sidali42 wrote: ↑Mon Jun 26, 2023 1:13 pm
meself2 wrote: ↑Mon Jun 26, 2023 12:25 pm
It's not exactly as clear cut as you state. When did you enter the UK and when did you become a lawful resident?
I/
may be disregarded when assessing good character during the 10-year period prior
to the application, but only where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
•
that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision
Thanks for your answer
I entered uk 2015 . I got married to eu citizen and became legal 2017 and I got my indefinite under eu settlement 2022 . I don’t have any criminal records or been caught working illegally before .! Do you think I still can apply ?
Thanks
At this point, it's a gamble. You're better off waiting till 2027.
[/quote]
Hello. Don't get carried away by the person that suggested u wait till 2027. Thar suggestion was harsh, wrong and distress. According to the new rule, you can apply now and I believe you will be granted
Re: Immigration history
Posted: Tue Jun 27, 2023 9:03 am
by samiat1970
Hello.
Do not get carried away by the person that suggested u wait till 2027. That suggestion was harsh, wrong and distress. According to the new rule, you can apply now and I believe you will be granted
Re: Immigration history
Posted: Thu Jun 29, 2023 6:54 am
by abbott25
Your ok bro, good to apply now, they are looking back 5 years