Nuturalisation spouse of British citizen 3years complex!!!

[khaledadda]

If it's the case 10 years will start from witch date?

[akhurshid]

If it's the case 10 years will start from witch date?

It'll be from the date that you left the country.
I would still advise you to consult a lawyer. You may have to pay some fee but at least you'll get professional opinion. Most people on this forum aren't lawyers or immigration advisers. Do share the advice here if you do decide to consult a lawyer.

[ryan1512lon]

The rules are pretty clear and written black and white, it has been confirmed several times and members have had their application refused by the home office because of this, and some have had their application denied at the NCS too. AGAIN read the good character requirement this has been updated in Dec 2014 :

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

Being an spouse of a British citizen doesn't change anything, unfortunately the rules apply for everyone, your question has been answered clearly and the answer, again, is that your application WILL be refused within 10 years, I know it's harsh but they are making things harder to acquire the citizenship...

[mrsbean]

Normally, I just read this forum and very rarely provide my advice or opinions but I do have a strong opinion on this one.

I agree with the previous posters as I can't see why the new rules for Good Character requirement will not apply in the case of being a spouse of BC and don't find it to be a valid ground for exception.

Yes, for Spouse visa or ILR there may be exceptions granted as not being able to live together is viewed more detrimental to families / wellbeing (where BC partner can say it his/her right to to be able to live in the UK and have his family with him/her). However, British Citizenship is a different game altogether. It's a privilege and definitely not a right - moreover the absence of BC doesn't stop ILR holder from living in the UK with his/her family or enjoying other benefits. I do believe (and hope) in the case of BC, the new good character requirement will be strictly enforced.

Why would UK want someone who has a history of breaking laws in the past to become its citizen? Doesn't UK have enough criminals living here already, who were born with this right? So I think it is very good that they are tightening the immigration controls, finally. Does that mean you will never be able to get BC? NO, of course not! All it means that now you have to prove that you are of good character by waiting 10 years, living a good and honest life, and showing that you have changed and no longer intend to break any laws. Simple as that! Show that you can be a good citizen, and they will give you citizenship in due time, defined by law. It's a lot harder to take the citizenship away when compared to visa or ILR, so there is nothing wrong with the government wanting to make sure that they giving the citizenship to the right people from the beginning.

[MSaxp]

Completely agree.

Bearing in mind that this is a forum to help people with the process and assist with the bureaucratic aspect of it. Not a forum to offer advice on bypassing the legal requirements of the process. The good character requirements are not merely a nuissance getting in the way, but a guide as to who the country wants to give citizenship to. Breaking immigration law is not something to be taken lightly. And an overstay of many years, is a deliberate disregard of british law.

This is by no means meant in a personal way to the poster, I feel for everyone's personal circumstances. But I also want citizenship to mean more than a piece of paper.

[bubulinea]

So a genuine asylum seeker who, in fear for his life, enters the UK illegally should be held to the same standards as someone who comes into the country with every intent of breaking immigration laws, simply because it's a nicer place to live? Also, as this has been covered a few times already, with the ever changing rules an immigrant can become an overstayer quite easily and without intention.

I do see where you're coming from, I also understand that the British Citizenship is a privilege, not a right, and admittedly the case of the OP, who came into the country on a six months visitor visa and overstayed for seven years, looks extremely dodgy. However, a general 10 year ban, without taking individual circumstances into consideration and without judging each and every application individually, is nothing but satisfying the scaremongering right wing politicians. This doesn't concern only the 10 year ban, but one speeding ticket or parking ticket having such an effect on your good character is a bit of a joke. If these offences have been done repeatedly, fine ok, I understand that. But the current practice is like razing a house to the ground just because there's a leakage in the plumbing.

[milan69]

British Citizen/Overstayers Waiting time 10years
Postby mteja » Thu Jan 22, 2015 9:23 pm

Hello All

I had an appointment with NCS today for my British Citizenship.

I had all my documents, my route would have been either 3years Spouse Visa Route or 5years.

Anyway initially i had overstayed my visa in 2008 went back to my home country and i got married , then we came back on 3yr Visa.

In NCS Today there is a new law, under good conduct, if you are overstayer in the past then one will need to wait for 10years after getting the ILR to qualify for BC.

Thought i inform guys who are applying direct to HO to watch out otherwise they will loose there money!!

I asked the lady in NCS when did that law come out, she said as from December 2014!!

[ban.s]

Hi Amber

Could you please advice on nuturalisation
With the new rules of good character

Thanks

[rakeysh.patel]

My two cents says, that 10 year wait is on unfortunately!

[Petaltop]

So a genuine asylum seeker who, in fear for his life, enters the UK illegally should be held to the same standards as someone who comes into the country with every intent of breaking immigration laws, simply because it's a nicer place to live?

If they were in fear of their life, then they would go to the nearest safe country and apply for asylum there. UK is surrounded by safe countries and they would have traveled through them to illegally enter the UK. Just look at all the illegals in Calais, refusing to claim asylum in France as they want to live in the UK. Are they in fear of their lives in France?

If they have been granted refugee status in the UK, they can still live in the UK as long as they were honest in their asylum claim.

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that. Or they may even decide to claim in France instead or in any other safe countries they were going to travel through, if they will give them citizenship quicker.

[bubulinea]

If they were in fear of their life, then they would go to the nearest safe country and apply for asylum there. UK is surrounded by safe countries and they would have traveled through them to illegally enter the UK. Just look at all the illegals in Calais, refusing to claim asylum in France as they want to live in the UK. Are they in fear of their lives in France?

If they have been granted refugee status in the UK, they can still live in the UK as long as they were honest in their asylum claim.

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that. Or they may even decide to claim in France instead or in any other safe countries they were going to travel through, if they will give them citizenship quicker.

I actually wrote a wall of text trying to explain and then I re-read your post and stumbled across this:

If their aim was to get UK citizenship, then (hopefully) they will now have to wait a long time for that.

Not gonna bother with you, to be honest.

[khaledadda]

Hi
I taught I should share this info
I have seen solicitor today he told me that this new rules won't affect me as I have left the UK and applied for entry clearance , he said that it would affect me if I recieved the spouse visa within the UK wile I was overstayer
I will try and get it checked with diferent solicitor and see if I get the same advice

[milan69]

I wish you all the best khaledadda and it would be very helpful to all of us here if you would share your further experience.

[mrsbean]

Please see this post - i think this answers your question - Same situation - overstayed visitor visa for 10 months, got married, went back to the original country, applied for entry clearance and spouse visa, was granted ILR with no problem... But citizenship application was refused by HO for originally overstaying 10 months... Advice is good, but this is what happens in practice!

Re: Please help for refuse british application

Unread postby vales » Mon Feb 23, 2015 11:23 am

Sorry. I have husband and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU

[mrsbean]

See here

http://www.immigrationboards.com/britis ... 81573.html

[vales]

hi khaledadda a please my friend give me the number of the lawyer, is it very good? they make mistake for my British application too! How much do you pay him to make succes?

[khaledadda]

Hi Mrsbean

Thank you for the clarification

I see that the solicitor give me wrong advice!

In my case when the 10 years will start is it fom the day I left the UK wen I was overstayer or from the day I recieved my spouse visa?

Many Thanks

[khaledadda]

Hi Vales
I haven't applied for nuturalisation
The new requirement of Good Character unfortunatly affect all overstayer and there is no way out of it

[vales]

Thank you khaledadta. what is your lawyer? and how much? I find one expensive for £750, your lawyer is cheapest?

[khaledadda]

Hi vales
As I said I haven't applied for my Nuturalisation

[mrsbean]

Hi khaledadda,

I believe the 10 years start from the day you left the UK as an overstayer. But I let other people on the forum correct me if I am wrong.

[khaledadda]

Thank you Mrsbean

[khaledadda]

Hi Vales

Can I ask you what they said on the refusal letter?
Also di they tell you wen you can apply again for nuturalisation?

Many Thanks

[ryan1512lon]

Hi Vales
I haven't applied for nuturalisation
The new requirement of Good Character unfortunatly affect all overstayer and there is no way out of it

Well i'm glad you've finally realised it!