Student visa refused in 2009 - application for British citizenship in 2018

[fatimahh]

Dear All - i hope someone can help me help my friend who has advised that she is about to apply for british citizenship but i have advised her to wait another year.

The fact. in November 2009 she was refused student visa for insufficient fund in her account at time of application. She did not appeal as lawyer was asking too much money. In the meantime she was maried to an Eu citizen who was leaving in another country due to work. She therefore ask him to join her. He finaly arrived around December 2010 and they submited a EEA application in January 2011 wich was granted in July 2011. She has now have PR since November 2017 and now would like to appy for British Citizenship in November 2018.
My advise to her is to wait until November or December 2019, because the fact that she was in the UK from November 2010 till December 2011 without a valid residence card may affect her citizenship. Am i correct?

Please advise

[fatimahh]

Correction:

My advise to her is to wait until November or December 2019, because the fact that she was in the UK from November 2009 till December 2010 without a valid residence card may affect her citizenship. Am i correct?

[CR001]

If her EU spouse was not in the UK till December 2010, the correct, she was an overstayer when her visa was refused until the date her spouse came to the UK.

What did she do in the time after her visa refusal??

[fatimahh]

Thank you for your prompt response CR001, she was indeed an overstayer and since her employee never requested an update of her residence card she kept working for about 7 months before quitting.

[CR001]

Overstaying and working while not permitted to work due to having no legal status will go against her as she is required to provide 10 years employment information in the form.

[fatimahh]

[quote=CR001 post_id=1689761 time=1539003030 user_id=70994]
Overstaying and working while not permitted to work due to having no legal status will go against her as she is required to provide 10 years employment information in the form.
[/quote]

Thank you CR001, exactly my point, do you think she should only apply from November 2021?

[CR001]

She should apply 10 from the date her EU spouse came to the UK and was a qualifying person exercising treaty rights.

[fatimahh]

Thank you very much for your help CR001, i have shown her your view and advise and she now understand the risk.