10 years requirement

[Endless15]

Hi everyone

I will try to be brief ..non EU citizen entered uk in 2004 as asylum seeker got refused and while waiting for outcome of new appeal for asylum got married to eu citizen.
The asylum case was closed.

We thought the 10 years would run from the moment he has shown himself to authorities (straight away in 2004) but we have been advised that the 10 years would be counted from the moment he got married.

Is this correct?

Also would it still be possible that when applying the citizenship will be refused? The nn eu citizen was signing in each week, working only when having the permit and no criminal convictions.

Thanks in advance

[ouflak1]

Hi everyone

I will try to be brief ..non EU citizen entered uk in 2004 as asylum seeker got refused and while waiting for outcome of new appeal for asylum got married to eu citizen.
The asylum case was closed.

We thought the 10 years would run from the moment he has shown himself to authorities (straight away in 2004) but we have been advised that the 10 years would be counted from the moment he got married.

Is this correct?

In general, no. It will be ten years from the first day that he got permission to legally remain in the UK via a visa, permit, DLR and/or the like.

Also would it still be possible that when applying the citizenship will be refused? The non-eu citizen was signing in each week, working only when having the permit and no criminal convictions.

Thanks in advance

It is alway possible to be refused. The UK could stop granting anyone and everyone citizenship from tomorrow onwards if they so chose, no matter what the applicant's background might be. I am certain I have read on this board of an approval for someone whose illegal stay was over ten years ago. Your non-EU citizen will probably just have to wait out the ten years and apply and then see what happens.

[Endless15]

Ah ok sorry I misread the reply so 10 years from when they got a permit. Where is this rule written please? As I couldn't find it anywhere and the only thing I could find was reference to a case where the asylum seeker had to wait 10 years from when they entered illegally, not 10 years from receiving the permit.

Thanks

[CR001]

The link below on the new 'good character' requirement might be useful as it has links to other documents.

http://www.immigrationboards.com/britis ... 84190.html

[Endless15]

Thanks for the link. In the guidance doc I am not sure how to interpret 5.5. ...it says that application will be refused if ..
has not been removed due to legal reasons (and has therefore been granted leave to remain.

To me sounds like anyone who has been refused asylum and got married while waiting for appeal would then be rejected room

[Endless15]

Ignore the word 'room"!

So I mean it looks like they will be rejected anyway. ..no point even hoping or paying

[Endless15]

Anyone?

..am I correct in thinking it will be likely refused even after 10 years?

[ouflak1]

Anyone?

..am I correct in thinking it will be likely refused even after 10 years?

Your interpretation seems to be sound. Unfortunately this is a very new standard and I don't think that the point has been tested yet. Until somebody posts on here or it comes out publicly in a JR, we just don't know.

[Endless15]

He worked only when he had a permit, payed so many taxes worked without asking benefits....no criminal convictions...

His son is British...

But after 20 years in this contry he will likely be denied citizenship
.

It is really depressing.

[Endless15]

Thanks for the replies anyway.