removal, return as eu spouse, permanent residence, application for British Citizenship??

[Pablito]

Will a person who previously been removed from the UK and returned under EU rules as spouse of EU citizen, then obtained permanent residence card would be eligible to apply for British Citizenship? does the removal would affect the application? perhaps under good character consideration or otherwise?

For answers, thank you in advance.

[CR001]

It would affect the good character requirement if it is within 10 years since you returned under the EEA regs.

[Pablito]

Ok thanks, I was pretty sure I read something on the forum in the past that once you enter UK under EU rules the past record under British rules would be removed from the database? Maybe I got it wrong...

[CR001]

You got it wrong. There is no such "clean slate" aspect for British citizenship.

Immigration history is not removed from the database.

[Pablito]

Do you know any specific cases where similar situation led to refusal? or you just infer your view based on logical deduction?

no offence, just trying to make sure I should abandon efforts at this time.

thanks for answering anyways.

[CR001]

Many members have been refused for failing the good character for breaching immigration rules, especially if they had no legal status for a protracted period of time and was working illegally as well. Being deported and removed doesn't help either.

What is this person's full UK immigration history?

[Pablito]

She was a student here in the UK and drop out back in 2011, due to some problems with the College not accepting her to pay her fees in monthly instalments. Then we attempted to get married here and she got caught in 2012 prior to the ceremony. We went through a lengthy process of getting her residence document, but eventually returned here in 2013. She got her PR last year (December). To be honest I don't really mind so much if she waits until 2022, but it would be good to know if there are any chances to apply sooner.

[CR001]

No chance really if she was removed.

She will qualify on the 10th anniversary of the date she returned to the UK with legal status, is 2023.

[Zerubbabel]

I was this morning with my immigration solicitor. A very experienced guy and we were talking exactly about that topic.

If you were in breach of immigration law within the 10 years (illegal work, illegal presence, illegal entry, absconding... etc.) don't even try to apply for British Citizenship as it will be refused.

You need 10 years of clean immigration history before applying for British Citizenship.

[secret.simon]

I was pretty sure I read something on the forum in the past that once you enter UK under EU rules the past record under British rules would be removed from the database?

It is not removed from the database.

EU law does not allow illegal residence to be taken into account if the formerly illegally resident non-EEA citizen is now the family member of an EEA citizen, for the purpose of residence and permanent residence under EU law.

However, citizenship is wholly under national law and the prior illegal residence can and will be taken into account for citizenship applications under UK law.

[Pablito]

This is unfortunately what I was suspecting to be the case, but I think this is very sad at the same time that people are treated this way. 10 years? It’s like they ever made it easy for people to come here in the first place. But thank you anyways for all info.

[Zerubbabel]

This is unfortunately what I was suspecting to be the case, but I think this is very sad at the same time that people are treated this way. 10 years? It’s like they ever made it easy for people to come here in the first place. But thank you anyways for all info.

My wife is in the same situation as she was illegal before we got married and applied for EEA. As result, she can't apply for citizenship at the moment.

It bothers me as it makes our travels together difficult (she needs a visa to go anywhere). However, I don't find it unfair. High standard of compliance with the law of the land has to be demonstrated before applying for citizenship. 10 years of full compliance is not too much asking.