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Good morning, need clarity on a situation about naturalisation application.

An acquitance was talking about confusion on applying for naturalisation. Entered UK for MBA, got married to an EU lady before finishing study and were living together. At some point their marriage broke down, they got divorced and she became untraceable.

He was unable to extend or renew legal stay in UK as he was told while together wife was not exercising treaty rights. Became liable to detention and removal by HO however was never detained and left UK on his own accord.

A year later got back into UK on spouse visa haven gotten married in his home country to a BC. Has ILR now for about 2years but concerned about naturalisation and good character requirements.

Can MoDs and knowledgeable person clarify if being liable to detention and removal (but was not detained or removed; informed HO when he bought ticket by himself and left) affects his chances of getting naturalisation approval?
Thanks.

I would advise getting a SAR which should clarify when/if he became an overstayer. Good character requirement requires waiting 10 years since the overstaying ended (possibly when your acquaintance left the UK).

contorted_svy wrote: ↑

Fri Apr 05, 2024 11:28 am

I would advise getting a SAR which should clarify when/if he became an overstayer. Good character requirement requires waiting 10 years since the overstaying ended (possibly when your acquaintance left the UK).

Thank you, according to him, prior SET (M) application requested SAR and no period of overstay was indicated.
If so could that be a pointer good character requirements not breached?

AmazonianX wrote: ↑

Fri Apr 05, 2024 1:17 pm

contorted_svy wrote: ↑

Fri Apr 05, 2024 11:28 am

I would advise getting a SAR which should clarify when/if he became an overstayer. Good character requirement requires waiting 10 years since the overstaying ended (possibly when your acquaintance left the UK).

Thank you, according to him, prior SET (M) application requested SAR and no period of overstay was indicated.
If so could that be a pointer good character requirements not breached?

I don't think he has a problem. Once you exit the UK and come back as a spouse of a BC, it's almost like all sins are forgiven.

What was the length of his overstay? There's a massive difference between overstaying for a few weeks and few years.

AmazonianX wrote: ↑

Fri Apr 05, 2024 1:17 pm

contorted_svy wrote: ↑

Fri Apr 05, 2024 11:28 am

I would advise getting a SAR which should clarify when/if he became an overstayer. Good character requirement requires waiting 10 years since the overstaying ended (possibly when your acquaintance left the UK).

Thank you, according to him, prior SET (M) application requested SAR and no period of overstay was indicated.
If so could that be a pointer good character requirements not breached?

That sounds weird, if he couldn't extend his stay and was liable to being removed I would expect he was in breach of immigration laws in some way. It is up to the applicant to make sure to respect the law after all, I feel applying on this basis would be relying on the hope the HO won't notice what has happened. Ultimately could apply and see what happens, if he is happy to risk the fee.

contorted_svy wrote: ↑

Fri Apr 05, 2024 5:42 pm

AmazonianX wrote: ↑

Fri Apr 05, 2024 1:17 pm

contorted_svy wrote: ↑

Fri Apr 05, 2024 11:28 am

I would advise getting a SAR which should clarify when/if he became an overstayer. Good character requirement requires waiting 10 years since the overstaying ended (possibly when your acquaintance left the UK).

Thank you, according to him, prior SET (M) application requested SAR and no period of overstay was indicated.
If so could that be a pointer good character requirements not breached?

That sounds weird, if he couldn't extend his stay and was liable to being removed I would expect he was in breach of immigration laws in some way. It is up to the applicant to make sure to respect the law after all, I feel applying on this basis would be relying on the hope the HO won't notice what has happened. Ultimately could apply and see what happens, if he is happy to risk the fee.

That was my view, he stated he always had an appeal or review going.

Thank you for the replies.
Outlined the risk, ultimately his is decision to make and take steps or not.