NCS Process and AN form query

[hamziyan88]

Hi,

Im british and my partner is due to apply for citizenship in July 2015.
We have been hearing from various sources that he can either apply one month before hes due to, and others say 3 months before but we arent sure we want to risk it....

Firstly, how exactly does the NCS work, do they take payment there , or not?

secondly, on the AN form it asks for previous addresses for the past 5 years. My partner arrived in the uk as a visitor 2009 but met me and never left when he should have in december 2009. So he overstayed until 2011 when we married, and his spouse visa was initially refused through error from the Embassy in his country not proccessing properly. Upon appeal and awaiting a court date, he was granted entry clearance.

So, to apply in July 2015, that will be from july 2010-2015 (even though they will be looking at the 2.5 years spouse + 1 year ILR)
If im honest and fill it properly, is it likely to make any problems? or if i leave it blank will it make any problems as the whole 3 years we live in the same address??

[zabizabi]

[quote="hamziyan88"]Hi,

Im british and my partner is due to apply for citizenship in July 2015.
We have been hearing from various sources that he can either apply one month before hes due to, and others say 3 months before but we arent sure we want to risk it....

Firstly, how exactly does the NCS work, do they take payment there , or not?

secondly, on the AN form it asks for previous addresses for the past 5 years. My partner arrived in the uk as a visitor 2009 but met me and never left when he should have in december 2009. So he overstayed until 2011 when we married, and his spouse visa was initially refused through error from the Embassy in his country not proccessing properly. Upon appeal and awaiting a court date, he was granted entry clearance

He can only after his residential periods (July 2015) not even one day before its due.NCS only check your paper work and send it the photocopy to home office, Advantage of NCS is that you get your original paper work back and if your documents are short they will tell you to book new appointment so before you attend make sure you have the right documents,
Overstaying is nowadays a big problem for those who want o apply for citizenship .You have to declare it because now caseworker has asses to many system where they can get the whole history of applicant .If you don't declare it ,It will be another issue or may delay the process for longer because of more checks as you are not true to them. My suggestion is better you get proper advice from solicitor ,It may charge you extra but will tell you legal points. If you want to use solicitor you don't need NCS.Make sure solicitor has a good experience in such cases because some people make money without telling you the truth.
I am not an immigration advisor so its good to find someone who know how to fight for your rights.
Best Of Luck

[hamziyan88]

ok so i guess we will need to declare it in the extra information part, right?

He hasnt broken any laws since spouse visa until now, it was just 18 months until we left the uk to marry, but the Homeoffice know that anyway cos its all in his spouse visa application. Thanks though. I think its gonna be likely that we declare it.

I just wndered because my hubbys relative, is married to a BC and they go on holiday every year (as the BC is a teacher so summers are abroad ) but hes adamant that hes gonna apply and be approved in april even though hes not eligible until August.... We will see anyway what happens there.

[zabizabi]

ok so i guess we will need to declare it in the extra information part, right?

He hasnt broken any laws since spouse visa until now, it was just 18 months until we left the uk to marry, but the Homeoffice know that anyway cos its all in his spouse visa application. Thanks though. I think its gonna be likely that we declare it.

I just wndered because my hubbys relative, is married to a BC and they go on holiday every year (as the BC is a teacher so summers are abroad ) but hes adamant that hes gonna apply and be approved in april even though hes not eligible until August.... We will see anyway what happens there.

My suggestion is find a nice and experience solicitor ,its better for good outcome. Overstaying is an issue .Honestly telling you sometime they make very stupid decision(mistakes) without any senses . Now they don't want us to have this passport in our hands,

[zabizabi]

ok so i guess we will need to declare it in the extra information part, right?

He hasnt broken any laws since spouse visa until now, it was just 18 months until we left the uk to marry, but the Homeoffice know that anyway cos its all in his spouse visa application. Thanks though. I think its gonna be likely that we declare it.

I just wndered because my hubbys relative, is married to a BC and they go on holiday every year (as the BC is a teacher so summers are abroad ) but hes adamant that hes gonna apply and be approved in april even though hes not eligible until August.... We will see anyway what happens there.

Its not his fault, His case is very genuine. But honestly among us there are so many who abuse the system by declaring false statement , shame marriages etc etc.that's why they have tighten the system. Its there rights to make a proper check. Even my application is with them. But whatever they are checking I am ok with it.I shouldn't be allowed to stay if I don't have the right to stay. Your case is 100 % genuine but you are suffering .Think positive with these checks nobody will abuse the system. Its for your future and your kids future. Hope you also don't want fraud people among you. They are living in our surrounding and abusing the system and at the end run away with a very big cash from bank.

[hamziyan88]

Yes, its always those who do dodgy stuff that ruin it for the genuines. InshAllah everything will be fine.
I will take advice from a few different immigration solicitors to see if they all give me the same answer.
Although im thinking, if we didnt declare it, and they checked it after, it would look like we almost lied so refused. We was honest with them from the beginning so i guess we should carry on being honest.

[zabizabi]

Yes, its always those who do dodgy stuff that ruin it for the genuines. InshAllah everything will be fine.
I will take advice from a few different immigration solicitors to see if they all give me the same answer.
Although im thinking, if we didnt declare it, and they checked it after, it would look like we almost lied so refused. We was honest with them from the beginning so i guess we should carry on being honest.

That's what I mean sister. Be honest and everything will be fine InshAllah

[secret.simon]

The Home Office has significantly tightened the "Good Character " requirement for citizenship since December 2014. I would suggest a very careful and thorough read of the requirements. I believe that an overstayer would be denied naturalisation for 10 years from the period of overstay. That mean you will certainly lose the application fees spent.

Please consult the immigration solicitors and inform us of their advice, so that we can improve our knowledge on these forums.

[hamziyan88]

We still want to try. The money isnt important.. They may decided to approve since we have been honest, who knows. We will see when July comes.

[secret.simon]

I commend you for your honesty and confidence. Wish you the very best of British luck and keep us posted about the application and its progress.

[hamziyan88]

Thankyou secret.simon.

Its not until July but we can only pray it will be okay providing his references are solid. Which they will be.

Any ideas if theyre likely to change the AN form?

[CR001]

We have been hearing from various sources that he can either apply one month before hes due to, and others say 3 months before but we arent sure we want to risk it.... There is no early application concession for citizenship unless if applying as a spouse of a British Citizen. You say you are married, there your partners application will be based on 3 years residence. What are the dates of the spouse visa, entry to the UK and date ILR was granted?

Firstly, how exactly does the NCS work, do they take payment there , or not? They do not take payment

[hamziyan88]

Thankyou CR

Spouse visa granted Middle of May 2012, he arrived back here 1st June 2012 and got his ILR on 4th July 2014,

[CR001]

He can apply for citizenship on or after 1st June 2015 meaning he needs 3 years residence as spouse of British Citizen provided he meets all the requirements i.e. absence limits etc.

[hamziyan88]

yeah it was 2 year spouse and 1 year ILR so 3 years, but his ILR came in July so would applying in June be a month early as it would mean 11 months ILR?

Im not worried about the time hes been here legally. just the time spend illegally from december 2009 - september 2011

[zero1]

As he is married to a BC (you) he only needs to hold ILR at the time of application, it doesn't matter how long for

But he also needs to have 3 years of residence, as his residence started on 1 June 2012, then he will meet this requirement on 1 June 2015 (provided that he spent less than 270 days outside the UK in that period, of which less than 90 from 1 June 2014 to 1 June 2015), hence that is the date he can apply for naturalisation

If he is going to be refused because of the overstay, then he can't apply until 2021. If you are not worried about paying the fee then you might as well apply in June and see what happens, but with proper solicitor's advice

There is no "being solid" about the references, the HO just checks that they are real people, not asking them to write a reference like for a job application.

[hamziyan88]

Thanks everyone.

My partner is well within the absence limit, and will have 3 years residence on 1st June 2015.
However I feel i need to speak to a solicitor for advice as we're considering being honest about the 19 month overstaying gap from Dec 2009-Sep 2011. I fear that by not being honest the applications, it will be refused. But if im honest about i may get someone who says yeah theres an overstaying gap, but theres been no issues with police or any other criminal activity, not even a parking ticket and decide to grant, or similarly they just might refuse regardless..... ah sack it, im gonna be honest and go for it in back end of June early July and see what happens.

Its just finding a decent solicitor in Leicester thats the problem.