Overstayer applying for citizenship..

[megmog]

Hi,

Our time line is as follows (just want to be clear on the details in case i miss anything important!):

Applicant (my husband, then boyfriend) overstayed his visa March 2005 - May 2006. We left together, of our own accord, to return to South Africa on May 30th 2006, where he spoke to an immigration officer who made the following hand written note in his passport:

ENCOUNTERED AT LONDON HEATHROW TN3 EMB ON 30/05/2006

May 2006-Jan2007 Lived in SA, got married.

Moved to Ireland (from SA) Jan 2007, returned to UK in October 2008 via EEA FP via Surinder Singh (I am British).

Received his Residence Card 21/12/2009 - valid until 21/12/2014

Received his Permanent Residence Card 01/10/14 - valid until 01/10/2024 (when he renews again)


So.... to my point.... it is my understanding that if he were to apply before May 30th 2016, he would be refused naturalization on the basis of his overstaying?

However, if we apply on May 31st 2016 onwards, the 10 yr ban is no longer valid, is that correct?

and most importantly, where (as in which section) do we disclose his previous overstaying on the AN Form? We've been over it many times and I'm still not sure. I'm not sure if I've developed visa-form selective blindness at this stage

Thank you!

[ohara]

Under the good character section, there is a box for additional information. You could write it in here.

Now the problem herein is that HO can apply discretion in such cases as we have seen recently with a user who was illegal until 2009, left the UK and then returned on a spouse visa and was granted citizenship in 2016.

The guidance does state that immigration offences will attract a 10 year ban from the date you become legal, but clearly HO have applied discretion in the above case.

Ultimately it is your gamble though. Presumably your husband was no longer in breach of immigration laws from the day he left the UK in May 2006, so you should be safe to apply in June.

[megmog]

Thank you! So, does the ban apply from when he left the UK or when he returned (legally)?

[ouflak1]

Thank you! So, does the ban apply from when he left the UK or when he returned (legally)?

From the day he was legally in the UK.

[megmog]

Really? I thought it was in the 10 years previous to the application, based in the wording on the "good character" guidance..

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

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

[ohara]

Really? I thought it was in the 10 years previous to the application, based in the wording on the "good character" guidance..

What's the difference

[megmog]

The difference being...

if it's since being legal *in* the UK, that would be since the date we returned (October 2008)

if it's in the 10 years previous to our application, that would be May/June 2006 (when we left)

[Rassel]

your 10 year will complete after Oct 2018.
But just recently one of applicant application accepted he was overstayer nearly 4 years.

The difference being...

if it's since being legal *in* the UK, that would be since the date we returned (October 2008)

if it's in the 10 years previous to our application, that would be May/June 2006 (when we left)

[secret.simon]

Thank you! So, does the ban apply from when he left the UK or when he returned (legally)?

I believe that the ban ends 10 years after when the applicant ceased to be illegal in the UK.

You should be fine applying in June 2016.

[ouflak1]

Thank you! So, does the ban apply from when he left the UK or when he returned (legally)?

I believe that the ban ends 10 years after when the applicant ceased to be illegal in the UK.

You should be fine applying in June 2016.

So the ban is not from the first day the applicant is legally present in the UK, it is from the last day they were illegally present in the UK? That seems reasonable.

[noajthan]

To dig into vital matters surrounding (re-)entry bans see HO guidance:
https://www.gov.uk/government/uploads/s ... _0_ext.pdf
- page 33+

[megmog]

Thank you. I have reviewed that document before, but I have not found the relevant info, as it seems to be guidance to refusing entry clearance (as opposed to a naturalization application). Unless I missed something? (Please tell me if I did as i would like to read more about it!)

[noajthan]

Thank you. I have reviewed that document before, but I have not found the relevant info, as it seems to be guidance to refusing entry clearance (as opposed to a naturalization application). Unless I missed something? (Please tell me if I did as i would like to read more about it!)

Continue here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- ref section 9

[megmog]

Ah yes, that's the guidance I referred to above (if you read further up). It's the wording of that section (9.7) that makes me believe the ban applies to the previous 10 yrs to the application, not since being "legal in the UK".

[megmog]

I guess we'll find out soon enough anyway, fingers crossed! I will be sure to update this thread on the outcome, as it may be of use to other applicants in future.

[hoods24]

this applies to me as i had become an overstayer (student visa) as a result of going through domestic violence, could not go back as my family was here and i needed there support

was overstayed in may 2011
applied for human rights application in august 2011,
refused october 2012,
appeal hearing august 2014 which was refused
claimed asylum september 2014 was granted

would appreciate any advice..