NCS STAFF SHOCKING ADVISE PLEASE HELP

[tiger-man]

GOODDAY ALL,

YOUR HELP WE MUCH BE APPRECIATED.

TODAY I HAD MY APPOINTMENT WITH THE NCS FOR MY BRITISH CITIZENSHIP APPLICATION AND I WAS TOLD BY THE STAFF THAT MY APPLICATION MIGHT BE REFUSED,THAT I SHOULD NOT WASTE MY MONEY.

HER REASON WAS THERE IS NEW LAW THAT SAY ANYONE THAT HAS BROKEN THE IMMIGRATION LAW IN THE PAST SHOULD HAVE TO WAIT UNTIL 10 YEARS AND PROVE LAGEL STAY FOR 10 YEARS BEFORE THEY CAN BE GRANTED CITIZENSHIP IN UK. SHE SAID BECAUSE I WAS ILLEGAL IN THE COUNTRY FROM 2004 UNTIL 2010 WHEN I HAD MY RESIDENCE CARD THAT MEANS I HAVE TO WAIT UNTIL 2020.

SHE EVEN CALLED SOMEONE FROM THE HOME OFFICE TO DOUBLE CHECKED AND THE PERSON THERE WAS SAYING THE BEST IS TO WAIT BUT HE IS NOT 100% SURE ABOUT IT, AS HE COULD NOT FIND ANYTHING ON SYSTEM, MY HOME OFFICE NUMBER ON PR WAS GIVEN TO HIM OVER THE PHONE. BUT I STILL INSISTED FOR HER TO SEND MY APPLICATION BUT I LATER CALLED HER TO WITHDRAW IT. AND I WENT BACK AND PICK MY FORM UP. £55 LOST.

BELOW IS MY BACK GROUND, COULD SOMEONE PLEASE HELP ME CHECK IF I AM QUALIFY TO APPLY NOW.

I CAME TO UK IN 2004 I WAS AN ILLEGAL IMMIGRANT,
2009 IN JANUARY I GOT TO EEA NATIONAL
2010 NOVEMBER I WAS GIVEN 5 YEARS RESIDENCY CARD
2014 JUNE I HAD MY PERMANENT RESIDENCE ON PASSPORT

SO AFTER ONE YEAR OF MY PR, I THOUGHT I HAVE QUALIFY FOR MY CITIZENSHIP?

I HAVE FILL OUT THE CURRENT AN FORM.

ALTHOUGH I HAVE FEW THINGS I WILL LIKE TO ASK ON THE FORM

1. I HAVE GOT ONE CCJ SINCE APRIL 2004 WHICH I AM NOW MAKING A REGULAR PAYMENT. COULD THIS AFFECT MY APPLICATION?
2. QUESTION 1.53 EMPLOYMENT HISTORY. I ONLY STATED THE PERIOD I WORKED WHICH THE LAST 4 YEARS. SHOULD I PUT IN THAT I WAS UNEMPLOYED BEFORE THE LAST 4 YEAR AND THE REASON WHY?
3. I MINE STILL A FAMILY MEMBER OF AN EEA NATIONAL AFTER MY PR?
4. IN QUESTION 2.4 SHOULD TICK THE BOX OF A FAMILY MEMBER OF AN EEA NATIONAL?
5. DO I NEED TO WRITE A COVER TO SUPPORT MY APPLICVATION?

THANK VERY MUCH FOR TIME I LOOK FORWARD TO SOUND REPLY.

[mavdi]

NCS staff was right. Rules have changed since December 2014. Unless you were given a refugee status by the end of illegal stay, you will have to wait 10 years before you can apply for British citizenship.

[badratio]

http://www.immigrationboards.com/britis ... 84190.html

Were you an illegal immigrant from 2004 to 2009 throughout? Or were you granted a refugee status?

[tiger-man]

http://www.immigrationboards.com/britis ... 84190.html

Were you an illegal immigrant from 2004 to 2009 throughout? Or were you granted a refugee status?

yes, I was an illegal immigrant until the time I got married 2009. with on status at all

[Andrewbird35]

http://www.immigrationboards.com/britis ... 84190.html

Were you an illegal immigrant from 2004 to 2009 throughout? Or were you granted a refugee status?

It's shocking news that have to wait 10 years.
My back ground
Applied asylum in 2001 while was on visit visa
Appeals exuasted
In 2004 further application sent under human rights
Left the UK volunteraliy in 2007 whithdrew pending application
Married in 2007 in abroad but came to UK in 2009 on family permit
Got RC in 2010 and got PR last month.
Do I come under 10 years ban or not
Because my application was pending when I left and than came again legally after got FP.

[tiger-man]

NCS staff was right. Rules have changed since December 2014. Unless you were given a refugee status by the end of illegal stay, you will have to wait 10 years before you can apply for British citizenship.

hi mavdi,
is there any where I could read about this change in December 2014 in the guideline or anywhere?

[Wanderer]

NCS person was totally correct!

[badratio]

http://www.immigrationboards.com/britis ... 84190.html

Were you an illegal immigrant from 2004 to 2009 throughout? Or were you granted a refugee status?

yes, I was an illegal immigrant until the time I got married 2009. with on status at all

10 year ban it is then.

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

https://www.gov.uk/government/uploads/s ... _D_v02.pdf

[mavdi]

NCS staff was right. Rules have changed since December 2014. Unless you were given a refugee status by the end of illegal stay, you will have to wait 10 years before you can apply for British citizenship.

hi mavdi,
is there any where I could read about this change in December 2014 in the guideline or anywhere?

The rules have been further cleared here:

https://www.gov.uk/government/uploads/s ... 141212.pdf

But from what you're describing I doubt your application will be successful until 2019

[mavdi]

http://www.immigrationboards.com/britis ... 84190.html

Were you an illegal immigrant from 2004 to 2009 throughout? Or were you granted a refugee status?

It's shocking news that have to wait 10 years.
My back ground
Applied asylum in 2001 while was on visit visa
Appeals exuasted
In 2004 further application sent under human rights
Left the UK volunteraliy in 2007 whithdrew pending application
Married in 2007 in abroad but came to UK in 2009 on family permit
Got RC in 2010 and got PR last month.
Do I come under 10 years ban or not
Because my application was pending when I left and than came again legally after got FP.

From what you're describing you won't be able to apply until 10 years passed since you were illegal in the uk as your illegal stay didn't result in a refugee status grant. Which means 2017.

[Bukola1]

Hello madvi the NCs lady is not right for they may refuse are application and must of the home office customers services did not no anything they just say what they ear the new rule is not apply to EEA or EU or their family member it only apply to asylum sicker or student or other category not European generally have ready it for almost 2month as me my self am applying next month am also EEA family member with permanent and divorce which I do ror before get PR last year but am not using my sticker date am using 6years route so pls anyone that say so should go and read it very well and I will post all the section online line for u guys to read it so that NCS will not be miss leading Us

[Wanderer]

Hello madvi the NCs lady is not right for they may refuse are application and must of the home office customers services did not no anything they just say what they ear the new rule is not apply to EEA or EU or their family member it only apply to asylum sicker or student or other category not European generally have ready it for almost 2month as me my self am applying next month am also EEA family member with permanent and divorce which I do ror before get PR last year but am not using my sticker date am using 6years route so pls anyone that say so should go and read it very well and I will post all the section online line for u guys to read it so that NCS will not be miss leading Us

No one mislead anyone - the law is the law and here it was correctly applied.

[Bukola1]

Wandera you can go and ready home office case worker checklist on good caractacs new rule and read each
Paragraph very well you will see what am saying this how I say on ESO English on which college is accepted by home and I talk about afqua but people ague with me but when read it well by paragraph I now no that home office still accept them till November so pls we are just helping each other on this website so I will take my time tomorrow and look for all the page again and post it on well for other forum member to no

[tiger-man]

Wandera you can go and ready home office case worker checklist on good caractacs new rule and read each
Paragraph very well you will see what am saying this how I say on ESO English on which college is accepted by home and I talk about afqua but people ague with me but when read it well by paragraph I now no that home office still accept them till November so pls we are just helping each other on this website so I will take my time tomorrow and look for all the page again and post it on well for other forum member to no

thank you all for replying. I am so confused about the guideline even what I tried to read was saying in last 10 year of breaching the immigration rules. does this means that my illegal entry in 2004 has past 10 years?

[CR001]

See Q14A in this FAQs link (Click)

And this link below might also be of interest, specifically Vinny's posts and links
http://www.immigrationboards.com/britis ... l#p1133300

[Wanderer]

Wandera you can go and ready home office case worker checklist on good caractacs new rule and read each
Paragraph very well you will see what am saying this how I say on ESO English on which college is accepted by home and I talk about afqua but people ague with me but when read it well by paragraph I now no that home office still accept them till November so pls we are just helping each other on this website so I will take my time tomorrow and look for all the page again and post it on well for other forum member to no

?

[Bukola1]

Hello wanderer have a read am still searching I will post more


8. Breaches of the immigration laws during the 5/3 year qualifying period

8.1 Section 2 of the Immigration Act 1971 (as amended by s.39 of the BNA 1981) identifies persons having the right of abode in the UK. All others (except certain EEA nationals, their family members and persons who are exempt from immigration control under s.8 of the 1971 Act - see paragraphs 8.2 and 9 below) require leave to enter the UK. (In the case of EEA nationals, see also "EUROPEAN ECONOMIC AREA AND SWISS NATIONALS" in Volume 2). Under s.50A of the British Nationality Act 1981, any such person who has entered the United Kingdom (within the meaning of s.11 of the Immigration Act 1971) but does not have leave to enter or remain is deemed, for the purposes of the BNA 1981, to be here in breach of the immigration laws. Section 50A replaced Section 11 of the NIAA 2002, which came into force on 7 November 2002, but the definition of "in the United Kingdom in breach of the immigration laws" which it contains is, generally speaking, to be treated as having always had effect. For the purposes of paragraphs 8.1 to 8.12 “breach of the immigration laws” therefore refers only to unlawful residence, and not to contravening immigration law in any other way. Guidance on the position of people who are in the UK pending determination of an application for, or appeal against refusal of, further leave to remain/ILR is given in paragraphs 8.3 - 8.6 below. (NB. Unlawful

[Bukola1]

Have a look of this tool

BREACH OF IMMIGRATION LAW
To meet the residence requirements you should not have been in breach of immigration law during the residential qualifying period. You should have been here legally. In other words, you must have had the necessary permission under the immigration laws to be in the UK. You may be refused if you have been in breach of immigration laws during the residential qualifying period. This is especially relevant if you came to the UK as an asylum seeker and your application for refugee status and any appeals were refused during this period.
If you came to the UK as an asylum seeker and/or as an illegal entrant (you entered the UK clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may be in breach of immigration laws during the residential qualifying period if you had exhausted all your appeal rights and had not left the country, even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave to remain during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions.
Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period. Any immigration offences will also be considered as part of the Good Character requirement. This includes immigration breaches in the 10 year period before you apply for naturalisation – see section 9.

[Casa]

Wandera you can go and ready home office case worker checklist on good caractacs new rule and read each
Paragraph very well you will see what am saying this how I say on ESO English on which college is accepted by home and I talk about afqua but people ague with me but when read it well by paragraph I now no that home office still accept them till November so pls we are just helping each other on this website so I will take my time tomorrow and look for all the page again and post it on well for other forum member to no

If I'd understood your post correctly, this seems to be about the validity of an English test and not a period of illegal residence.
Have you passed the Life in the UK and B1 English test?

[Bukola1]

No case is on illegal is on residents have already get clarification on English test which I read my self and have already pass booth B1 and ESO.

The aroni of my post is about one of our forum member call tiger-man
When to NCS yesterday to make and application for naturalisation but he make a reference that the NCS customer service say he have to wait 10 years before he can apply and he also call home office call centre for clarification on the matter and they say yes and also some other forum member back the NCS by saying is Wright and I say no they are not Wright as TIGER MAN is EEa family member and the new rule did not apply to eea or EU generally and their family member because I read act on this issue personally as I also will apply next month so I can no what am argue on and also on this forum I see one of our member who apply with new rule in appril and he is eea family member and I question him several time on this point and he also say no nothing like this for EU and when I ready trough all the act the main people this category apply to are asylum and student and some other category and also on new forms introduce on MAY it clear it out their that you need to prove 10 Years employment eastry but for EU go to there section 10-11 and provide 5year treat right and 1year resident to make 6yers if not with permanent sticker so am so confuse to our member by miss leading our self by what home office call centre must of them did not no anything so I will plead to all moderator to really put clear clarification on this matter vinny as Wright a covering report on it for one asylum sticker they refuse since that I have never see any eea family they refuse since introduction of this new rule so I also will wake for any moderator view on this so EEa members can no their stand and am still continue reading the act and I will still post more section to get clarification so we will not be miss lead

[tiger-man]

Hello wanderer have a read am still searching I will post more


8. Breaches of the immigration laws during the 5/3 year qualifying period

8.1 Section 2 of the Immigration Act 1971 (as amended by s.39 of the BNA 1981) identifies persons having the right of abode in the UK. All others (except certain EEA nationals, their family members and persons who are exempt from immigration control under s.8 of the 1971 Act - see paragraphs 8.2 and 9 below) require leave to enter the UK. (In the case of EEA nationals, see also "EUROPEAN ECONOMIC AREA AND SWISS NATIONALS" in Volume 2). Under s.50A of the British Nationality Act 1981, any such person who has entered the United Kingdom (within the meaning of s.11 of the Immigration Act 1971) but does not have leave to enter or remain is deemed, for the purposes of the BNA 1981, to be here in breach of the immigration laws. Section 50A replaced Section 11 of the NIAA 2002, which came into force on 7 November 2002, but the definition of "in the United Kingdom in breach of the immigration laws" which it contains is, generally speaking, to be treated as having always had effect. For the purposes of paragraphs 8.1 to 8.12 “breach of the immigration laws” therefore refers only to unlawful residence, and not to contravening immigration law in any other way. Guidance on the position of people who are in the UK pending determination of an application for, or appeal against refusal of, further leave to remain/ILR is given in paragraphs 8.3 - 8.6 below. (NB. Unlawful

what are you suggesting under this circumstance? should I wait for my legal stay to be up to 10 years before applying? or I should apply now? there is big money involve lol

[Bukola1]

And also dear CASA
From my point of view and to EEC treaty with Europe convention of right for EEa and there family member anyone that as eea residents there qualify start from the day of married not from the day of start work
And home office too did not argue with that which this what I also use in getting my ror and my pr and everything went smoothly with no argument and in both new forms and old forms is still the same and the 10 years employment eastry did not apply to anyone under eea rought pls if am right or wrong let me no as I can see that you moderator too I will appreciate your reply thanks

[Bukola1]

Tigger man you can apply now you are not bond in the role but pls wait till to they as am still on reading act and have put the matter forward to moderator to be clarify too but I believe you can apply as I also am apply next month tool you your self can site down and things of it your as a family members start from the date of your married not the date of start employ so go on that form and ready it very well with out any one destop you and you will understand my argument very well

[secret.simon]

@Bukola1

I think you are confusing the issue here.

I am not sure about the logic of the quote that you provide. But tiger-man, a non-EEA citizen, was unlawfully resident in the UK between 2004 and 2009. He ceased being illegal when he married an EEA national, which legalised his status. So, he is definitely in breach of immigration laws.

The EEA route and the EEA Regulations terminate at PR, just as the non-EEA route and Immigration Rules terminate at ILR.

Each Member state of the EU, just as every other nation-state in the world, has full, sovereign and untrammelled freedom to make any rules it sees fit to grant citizenship as it sees fit. It does not matter whether the person applying is an EEA national, family member or an EEA national or a non-EEA national.

Granting citizenship is unaffected by the ECHR or human rights aspects in general. Citizenship means becoming a participant in the political life of the nation. Citizenship is not a part of the pathway of immigration, although that may be the goal of most people on this forum.

A prerequisite for citizenship is having either PR or ILR and that would not be revoked even if the citizenship application is declined. So human rights are not affected.

The UK requires the candidate for citizenship to be of "good character", which includes among other things, not having broken immigration rules. If rules were broken during the immigration process, citizenship can be refused irrespective of the immigration pathway you have taken, because it is a separate and unconnected process.

@tiger-man
Assuming no further change in the rules, I would say that the earliest you can apply for citizenship would be your 10th wedding anniversary.

[Casa]

I agree with secret.simon. British Citizenship is not a right...it is a privilege and EU/EEA Rules do not apply. As you've been advised, these Rules end once PR is granted.