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  • PR and overstaying

    I’m Indian passport holder married with eu national we all got SS just now. I want to ask i can apply after 12 months for citizenship. I was Illegal between 2011 to 2014. I got married 2014 so i alredy completed 5 years with visa and got SS aswell. So little confused. Thankss

  • #2
    Tariq N (lawyer) Am I right in saying that the application can be refused if someone was in breach of immigration rules in the last 10 years?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Dsaini333 We have flagged up your post for lawyer attention but, as it's a Bank Holiday weekend, you may not get an immediate response.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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      • #4
        The previous illegal stay could adversely impact on a future application for British nationality. Any overstaying in the last ten years will likely see an application for British citizenship refused, with some minor exceptions. This is contained in the Good Character Requirement Guidance that was published in January 2019.

        I am a Solicitor and Head of Immigration at Wells Burcombe Solicitors LLP, a firm Authorised and Regulated by the Solicitors Regulation Authority SRA No. 488294. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Melissa V for full details.

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        • #5
          Dsaini333 The Guidance Melissa above has referred to is found here: Good Character Guidance

          Page 46 says the following:

          Non-compliance with immigration requirements

          An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:
          • failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
            • accessed public funds when prohibited from doing so
            • worked in the UK without permission to do so
            • studied in the UK in contravention of any restrictions on studying
            • failed, without reasonable excuse, to report when required to do so
          • remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
          We then have the section about overstaying:

          Overstaying

          Prior to 24 November 2016, migrants were permitted a grace period of 28 days after the expiry of any leave during which they could make a further application to renew their leave without being penalised as an overstayer.

          Changes to the Immigration Rules on 24 November 2016 abolished this 28-day grace period, and now provide for current overstaying to be disregarded only in a very limited number of scenarios. Otherwise it is a ground for refusal. For further information see applications from overstayers.

          Where a person overstayed at some point in the 10 years prior to an application for citizenship, discretion to overlook this breach will normally only be considered if it is the sole adverse factor weighing against the person’s good character; and
          • the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or
          • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or
          • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.
          And finally:

          Illegal entry

          If an applicant entered the UK illegally, an application for citizenship will normally be refused if the illegal entry is confirmed as having occurred during the preceding 10 years. If the date of entry cannot be confirmed, or if the person subsequently goes to ground, or absconds, the period of 10 years starts from the date on which the person last brought themselves to or came to the attention of the Home Office.

          While there will be circumstances when it would be inappropriate to refuse citizenship to people who entered the UK illegally, claimed asylum and were subsequently granted refugee status, those who need international protection are expected to apply for it at the earliest opportunity and in the first safe country they reach. Consequently, there will be cases where refugees will normally be refused citizenship because they entered illegally and chose not to claim asylum at the first available opportunity, or only claimed after enforcement action was taken against them.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            As can be seen above, either entering the country illegally or overstaying would in the last 10 years would be grounds for refusal unless special circumstances applied. Establishing whether any of the criteria for discretion applies would require private legal advice from a qualified immigration lawyer. A consultation with one of them would set you back a fraction of the citizenship fee and could make all the difference to the application.

            The whole fee is non refundable in the event of refusal.

            The details of our lawyers, including Melissa who kindly responded above, can be found here: Lawyers - UKCEN Citizenship and Residence for European Nationals and their families

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment

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