Nuturalisation spouse of British citizen 3years complex!!!

[khaledadda]

Hi All,
First I came to UK on 6 months visitor visa Oct 2003, overstayed my visa, in 2010 got permission to get married from home office, end of 2010 left the UK voluntary back to my country and applied for entry clearance as spouse of British citizen first got refused then after appeals got the 27 month spouse visa on July 2012, june 2014 applied for ILR same day service and was approved ,

Now my question will my previous overstaying visa affect my nuturalisation as I will be applying next July ,

Many Thanks

[milan69]

Exactly on which date did you overstay?

[khaledadda]

Hi
Thanks for the reply,
I came on 6 months visitor visa the 05 October 2003 ,overstayed till the 20 November 2010 left the UK volontary to apply for entry clearance as spouse of British citizen

[milan69]

I think you have to wait 10 years if you have overstayed for more than 28 days.
I need to double check this.

[khaledadda]

Really!
Even if I'm holding ILR basic of spouse of British citizen ?

[vinny]

Unfortunately.

[ryan1512lon]

Yes Milan69 s right you have to wait ten years...

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

[khaledadda]

Is it 100%?
Thanks

[milan69]

Did you notify HO of your overstaying when you applied for ILR?

EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 13 JUNE 2012 (HC 194) wrote:
Re-entry ban

7.19 Currently migrants who overstay their leave to enter or remain by more than 28 days are subject to a re-entry ban. Where a person subject to a re-entry ban seeks entry clearance or leave to enter, they will be refused, subject to certain exceptions for those seeking entry as family members. The length of the ban varies from one year to 10 years depending on whether the migrant departed from the UK at their own expense or at public expense, or whether the migrant used deception.

7.20 Overstayers are not permitted to work, they have no recourse to public funds, are denied access to free secondary healthcare and their details may be shared with credit agencies and other Government departments to deny access to benefits and services. However, where they fail to depart from the UK promptly after their leave to enter or remain expires, the re-entry ban can act as a disincentive to depart. Under the changes to the Immigration Rules the ban will only apply where the migrant overstays by more than 90 days. This extended period is to further incentivise voluntary departure and save the significant public expense incurred through enforced removal.

[khaledadda]

Notified the entry clearance office wen I applied for spouse visa that was the ground of refusal then had to appeal against it were the appeal was allowed at upper tribunal then granted spouse visa
Thanks

[milan69]

I can not give you a correct answer unfortunately.
My logic tells me that you should have a chance in applying for naturalisation as HO was aware of your overstaying and yet you have been granted ILR.
I would like to hear opinion of other members about this.

[khaledadda]

Thank you Milan

Brief about my previous immigration history
As I said
I came to UK on 6 months visitor visa the 05 oct 2003 overstayed my visitor visa my daughter was born 2009 I have seeked solicitor and applied for COA form from home office after 6months was granted the COA but home office kept my passport at the time for been overstayer feb 2010 got married at registra office , , Nov 2010 requested my passport from home office to go back to my country to apply for entry clearance, end of Nov 2010 left the UK voluntarily went back to my country applied for entry clearance as spouse of British citizen , jan 2011 got refused appealed was refused at first tier tribunal I have appealed to upper tribunal March 2012 appeal was allowed july 2012 spouse visa was granted were I came back to UK , June 2014 applied for ILR same day service and was granted.

Hope Amber or some senior members can advice about nuturalisation if the previous overstaying will affect my application

Many thanks

[vinny]

A320 exempted some applicants from 320(7B).

There doesn't appear to be an equivalent exemption for overstayers when applying for naturalisation.

[khaledadda]

Hi Vinny
What does it mean ?

[vinny]

They will probably make you wait.

[khaledadda]

Wait for 10 years?

[vinny]

Probably, since your last period of overstaying, etc.

[khaledadda]

Thanks Vinny
Is there any members who can give accurate advice?
Thanks

[ryan1512lon]

What I said is 100% accurate :

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

The rules have changed for the good character requirement in Dec 2014, there's no way around it, you can read it yourself:

https://www.gov.uk/government/uploads/s ... ersion.pdf

[khaledadda]

If it's the case lots of applicants will be refused!
I read the rules but they not clear as if you look at someone who overstayed his visa and try to apply for visa again he will be banned for 10 years but applicant who are applying as spouse of British citizen the rules won't apply on him even if he overstayed previously his visa

Thanks

[bubulinea]

It doesn't matter if you're the spouse of a British Citizen. It states clearly that if a person has not been compliant with the immigration requirements for the past 10 years, the application will be refused.

They're trying to clamp down on immigration.

[milan69]

You might be right and there might be a way for you to have a successful application but for that I think you need to find a good lawyer.

[khaledadda]

Still not clear on the new rules regarding overstayer spouse of British citizen , all what I seen is illegal entry,
Even on nuturalisation application form there is no question regarding previous immigration history

[bubulinea]

I can't actually remember a question regarding my immigration history in the application form, either, but then UKBA knows all about it anyway and they will see that you are an overstayer. I do understand that it's a bit of a shock to hear that you may have to wait years before applying for British Citizenship and by all means, go and get advice from an immigration lawyer.

But they changed the Good Character requirements on 11 December 2014. Please read this. This is also, most likely, the reason why your application for ILR was approved because at the time of your application (June 2014 as you said) overstaying was not regarded as something that could taint your good character.

As for only 'illegals' being mentioned: This has already been linked in one of the previous posts of this thread. NCS denying application due to overstaying.

Now to your immigration history. You came into the country in Oct 2003 on a six months visa. You got married in Feb 2010. By that time you had been overstaying for almost seven years already. You left the UK in Nov 2010 and re-entered July 2012 on a spouse visa. You weren't even married while you overstayed. According to the new requirements, you broke immigration laws. I'm afraid being married to a British citizen means nothing when it comes to obtaining the British Citizenship. It's not a right!

[akhurshid]

Still not clear on the new rules regarding overstayer spouse of British citizen , all what I seen is illegal entry,
Even on nuturalisation application form there is no question regarding previous immigration history

Your best option is to consult a lawyer.

Quote from good character guidelines published in December 2014.

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
[/qiote]

https://www.freemovement.org.uk/good-ch ... htened-up/

You were in breach of your immigration law and according to 9.7, your application will be refused for 10 years. Breaching immigration does not only include illegal entry, it includes ANY breach including over staying.