Good character under new rules

[cj34743474]

Hi everybody

My husband is soon to apply for ILR (September) and then Citizenship shortly after. We are concerned about the new immigration laws that could refuse the citizenship, as he overstayed 14 years ago.

Brief history -
2012 - He entered legally on student visa
2013 - student visa curtailed but overstayed and worked.
2015 - Volunttered / returned to country and applied for spouse visa but was refused due to overstaying and working illegally
- Appealed to tribunal and was overturned. Entered Uk, got married and applied for spouse visa. Granted.

First, should there be a issue with the ILR visa in this coming September as the 2.5 year extenstion was sucessfully granted?

Secondly, will the overstaying 14 years ago affect British Citizenship i.e bad character?
Ive been reading that the new immigration laws used to disgregard that if it happen over 10 years ago, but now, there seems to be no time limit ? Given that it happen 14 years ago and his spouse visa refusal was quashed by a tribunal, can they still refuse?

Apart from the overstay, there is no criminal convictions, debts etc....

I appreciate your advice

[contorted_svy]

Your husband has both overstayed and worked illegally. However, reading the relevant section of the Good character guidance

Immigration breaches
An immigration breach is where a person has failed to comply with immigration requirements, for example:

failing to comply with conditions attached to a grant of permission to enter or stay in the UK
accessing public funds when prohibited from doing so
failing to report without reasonable excuse, when required to do so
assisting illegal immigration
working in the UK without permission to do so (illegal working)
hiring illegal workers
failing to comply with the requirements of the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016), as saved
With the exception of illegal entry, assisting illegal migration, and hiring illegal workers, which will normally be a reason to refuse an application regardless of the time that has passed, failing to comply with immigration requirements within the 10 years before the date of decision will normally be a reason to refuse an application for British citizenship on the grounds of not meeting the good character requirement.

Abuse of immigration requirements may also occur if a person enters or remains in the UK for a purpose other than that for which they were given leave to enter or remain. For example, where a person is found to be working full time in the UK having entered the UK as a Tier 4 student and having failed to undertake or complete the course of study for which the leave was given.

As 10 years have now passed, it should be fine to apply. I would suggest writing a cover letter where it is explained that your husband has understood his mistake, has never reoffended since, and would not do it again, alongside any community activity he has done.

[cj34743474]

Thank you so much for that information, appreciate it