can i apply for BC even being illegal in the past

[fariaou]

hi to all #
a quick summury to my story
i came to the uk in 2006 with a tourist visa ,i have over stayed my visa until june 2006 .
i got married in july 2011 and got my residency in November 2011.
applied for permanent residency in november 2016 and i was granted permanent residency on march 2017.
my question is can i apply for BC right know as i have some friends who were refused BC for over staying in the uk and cant apply until 10 past . i was reading the the 10 years starts from the day you arrive to the Uk and not from the day you declare you self to the HO.
my wife is EEA and we have a 6 old child ,my son is BC and both me and my wife have PR as she is EEA mumber .
can any one please guide me weather to apply or not as the fees are so expensive for both of us and worried to be refused .

[secret.simon]

You can apply 10 years after your residence in the UK was legalised. That would be the 10th wedding anniversary if you married in the UK or the 10th anniversary of entering the UK as the spouse of an EEA citizen if you married outside the UK.

[fariaou]

thanks for the prompt reply ,
sadly my 10th anniversary will be on july 2021 ,with the brexit coming into force by the next year i wonted to rush the thinks and apply for BC otherwise i believe that will be lots of changes across the time . according to the HO,the 10 years restriction on good character requirement starts for the day you enter the UK if it's known and that's my case as i enter with a tourist visa .
i don't know if i can challenge the HO regarding this matter ,however i would like to take a risk and apply for it .
many thanks

[CR001]

Brexit does not affect British Citizenship applications.

If you are refused, you lose your money, your choice.

You were an overstayer, that will almost certainly go against you and you will fail the good character requirement.

You have misunderstood the 'become known' to HO requirement.

[fariaou]

hi
well thanks for the reply ,sad news for me and anyone in the same situation ,i have some friends that been rejected BC for illegal entry .
Even if i proof my date of entry back in 2006 as i have the visa endorsement on my old passport ?does it help to apply for BC before the 10 years ?im so disparate to do it as i have a great job offer.

[CR001]

No it doesn't help as you overstayed your visa and were in the UK illegally until the date you married an EU citizen 2011.

If you have PR, you can work freely, so why does having BC change a job offer?

[fariaou]

thanks
i m working freely at the moment ,as i work for a travel agency i will have a senior position if i could travel freely (no visas )mainly to the us and canada .as im stopped all the time of the borders to verify my documents and it does delay my journeys .i did even missed my connecting flight once .
having a BC makes you life easier thats what i believe .

[CR001]

You risk refusal and losing your fee if you apply before the 10th anniversary of your marriage, which will only be in 2021.

You breached the immigration rules. Citizenship is a privilege, not a right or an entitlement.

[Johnnyboy007]

@fariaou, let me be honest with you, listen to the advice from CR001 unless you have some money to waste. I came to this country with 5years tourist visa and never spend more than 6months I was allowed to spend as a visitor by law if am right but HO sent me a questionnaire when I applied for my BC saying it shows on their record that I didn't return back to my home country on so-so date which I was not even in this country. I was back in my country at the date they mentioned and luckily, I still got my old expired passport with arrival stamps in my home country and my expired 5yrs visa. I replied them that I never overstayed the 6months I am entitled to and even I was not here on the date they mentioned and the second date they mentioned, I was even in Slo not UK and tried to pointed everything out on my old passport which I hope they will check because I don't know where they got the information from and I even visited many times after the dates they mentioned with no problem at all and my tourist visa was still valid when I got my RC.

You have no idea how my blood pressure was high when I received that questionnaire form from them because £1500 in total is not a joke bro. Now all I can do is to believe God will do the best.

[fariaou]

@Johnnyboy007 ,i would like firstly to thank you for the honest answer and sharing your experience .
i really understand that you have paid a hell of money to apply for BC , and i wish you all the best of luck in your application .
i will give it a go and try to get the BC if its a lot of money for such a think but the chances are 50/50 its all about risking it .
wish every one the best of luck an success on there application .
regards .

[ouflak1]

.. but the chances are 50/50 its all about risking it .

The chances are more like 1/10000. But if you've got the money to burn and don't let yourself get your hopes up too much, you can rest assured that the money will be put to good use funding the UK immigration system if nothing else.

[Hassan7861]

.. but the chances are 50/50 its all about risking it .

The chances are more like 1/10000. But if you've got the money to burn and don't let yourself get your hopes up too much, you can rest assured that the money will be put to good use funding the UK immigration system if nothing else.

Its not about money its just about peace of mind that atleast we tried. Cuz if u dont try u will always think that i should have .