British Citizenship

[kokorman]

Hi CR001
I was wondering if you are able to share some light on my own personal situation in line with the below excerpt by you. My story and journey is below.

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.

For example, Joe entered the UK illegally in September 2007 and came to the attention of the Home Office in March 2008. Joe applied for citizenship in January 2015. Joe’s application was refused. Joe’s application will normally be refused until at least March 2018. This is because Joe entered the UK illegally and will therefore, normally be refused for 10 years from (2) the date in which he become known to the Home Office (March 2008).

I came to the UK on a visitors Visa in August of 2004 and overstayed my visa.I became an overstayer from 2004 till i met my british wife in 2007.We got married in 2009 October,after which i submitted a marriage visa in November 2009.
The application was refused in March 2010.I wrote the HO to reconsider the decision as my wife was pregnant with our first child.I received a reply in September 2010 with the same result as before.I consulted a solicitor early 2011, who advised that a further reconsideration should be made to the HO since my case was then much stronger as my son had arrived in July 2010.
The second reconsideration outcome came back negative in Feb 2011. I went to another Legal firm who took up my case and subsequently made several representation to the HO on the ground that i had a british child and it was in line with the Zambrano's case.
Their was exchange of correspondence between the HO and my solicitor , with no positive outcome.

My Solicitor advised that i made fresh application in April 2012. The application was pending for over a year and few months.I recieved my leave to remain on a ten year route in August 2013.

I swapped the 10yrs rule category for the spouse in Dec 2015. I am on my second 2.5yrs extention due to expire in November the 19th,2020.

My question to you is to know if i am okay to go for the BC application straight after my ILR. Would the good character clause affect me? Remember that i made mention that i first made an application in November 2009.
I await your response

[Djsuccess]

Hi CR001
I was wondering if you are able to share some light on my own personal situation in line with the below excerpt by you. My story and journey is below.

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.

For example, Joe entered the UK illegally in September 2007 and came to the attention of the Home Office in March 2008. Joe applied for citizenship in January 2015. Joe’s application was refused. Joe’s application will normally be refused until at least March 2018. This is because Joe entered the UK illegally and will therefore, normally be refused for 10 years from (2) the date in which he become known to the Home Office (March 2008).

I came to the UK on a visitors Visa in August of 2004 and overstayed my visa.I became an overstayer from 2004 till i met my british wife in 2007.We got married in 2009 October,after which i submitted a marriage visa in November 2009.
The application was refused in March 2010.I wrote the HO to reconsider the decision as my wife was pregnant with our first child.I received a reply in September 2010 with the same result as before.I consulted a solicitor early 2011, who advised that a further reconsideration should be made to the HO since my case was then much stronger as my son had arrived in July 2010.
The second reconsideration outcome came back negative in Feb 2011. I went to another Legal firm who took up my case and subsequently made several representation to the HO on the ground that i had a british child and it was in line with the Zambrano's case.
Their was exchange of correspondence between the HO and my solicitor , with no positive outcome.

My Solicitor advised that i made fresh application in April 2012. The application was pending for over a year and few months.I recieved my leave to remain on a ten year route in August 2013.

I swapped the 10yrs rule category for the spouse in Dec 2015. I am on my second 2.5yrs extention due to expire in November the 19th,2020.

My question to you is to know if i am okay to go for the BC application straight after my ILR. Would the good character clause affect me? Remember that i made mention that i first made an application in November 2009.
I await your response

Based on your story, it will appear that you have to wait till August 2023 before applying for naturalisation as that will be 10 years after you have successfully received a visa following a period of overstay and various unsuccessful applications. So my advice is that you complete your spousal visa and apply for ILR once you are qualified in Nov 2020, Once approved, you should wait till 2023 before making application for naturalisation.

[kokorman]

Thanks DJSuccess for your response.
Would the good character 10years clause be based on when my leave to remain was granted or " The date in which you first brought yourself to the attention or came to the attention of the Home Office" which was Nov 2009? as mentioned in the UKVI guidance and also in a past post by CR001.

[Djsuccess]

Thanks DJSuccess for your response.
Would the good character 10years clause be based on when my leave to remain was granted or " The date in which you first brought yourself to the attention or came to the attention of the Home Office" which was Nov 2009? as mentioned in the UKVI guidance and also in a past post by CR001.

Here is a case of someone who was recently refused citizenship and the date given to the OP was based on when a successful application was made.
british-citizenship/application-refused ... l#p1866901