Application refused, need advice please

[Kimi23]

Hi everyone.
Many thanks in advance for time and effort for answering my query.
My naturalisation application has beed refused due to the the food character requirement. Illegal work while overstaying in the past 10 years (the new law introduced in 12/01/2019.)

The following is my UK immigration history timeline:
02/2008. Arrived to UK on student visa for 3.5 months to undertake an englosh course.
09/2008. Had student visa extension from within UK for 1 year to do a masters degree.
09/2008. Obtained PSW post study work visa for another 2 years upon finishing my masters.
11/2011. My PSW expired and I have stayed in the country without valid leave until 07/2013. I was in a relationship that time with my girlfriend who is now my wife and the mother of my two kids. We had plans to get married before my leave expires but due to her father going through several heart surgeries, it was not the right time to do so.
07/2013. I have returned to my country voluntarily and we git married abroad on 08/2013.
09/2013. Spouse visa application refused due to HO doubting the genuineness of the relationship.
01/2014. Appeal submitted and wife contacting MP to help on the case.
07/2014. Appeal successful and granted 2.5 years spouse visa on the 5 years route.
03/2017. Granted further 2.5 years spouse visa.
08/2019. Granted indefinite leave to remain as spouse of BC.
01/2020. Naturalisation application denied because of the good character.

I will be grateful if I can have legal advice from moderators and senior member if I can challenge the decision of the HO.
And submit a reconsideration.
I found the new 10 year good character law misleading as at no point when I have checked if I am eligible to apply on GOV.UK that the good character requirement will apply to last 10 years .
During the whole process of the application. I thought the 3 past years only will be considered (spouse of BC)
If anyone have similar case or can help with some advice will be much appreciated.
Thanks.

[CR001]

You breached and frustrated the immigration rules and worked illigally, clear and simple.

(the new law introduced in 12/01/2019.)

The good character requirement has been in place since 2014, so not recent and nothing new.

Your qualifying residence period for the application is based on 3 years, but the form asks more than one question about the 10 years immediately date you apply.

Home office website clearly states about the good character requirement and the link to the guidance notes.

https://www.gov.uk/apply-citizenship-spouse

https://www.gov.uk/government/publicati ... n-guidance

You must also:

prove you were in the UK exactly 3 years before the day the Home Office receives your application
prove your knowledge of English, Welsh or Scottish Gaelic
show you’ve passed the life in the UK test
be of good character - read the naturalisation guidance

You also cannot appeal a refused British citizenship application. You can ask for a reconsideration, costs almost £400, but likely that will also be refused until you at least July/August 2023.

[Amber]

Firstly, that is rude to re-post your topic when CR001, a fellow Moderator, has given a perfectly reasonable and accurate answer.

If you had read the FAQ(click) on this forum before applying, you would see, very clearly, at Q15 what would happen to your application. Your application will be refused until on or after 07/2023.

[Djsuccess]

Hi everyone.
Many thanks in advance for time and effort for answering my query.
My naturalisation application has beed refused due to the the food character requirement. Illegal work while overstaying in the past 10 years (the new law introduced in 12/01/2019.)

The following is my UK immigration history timeline:
02/2008. Arrived to UK on student visa for 3.5 months to undertake an englosh course.
09/2008. Had student visa extension from within UK for 1 year to do a masters degree.
09/2008. Obtained PSW post study work visa for another 2 years upon finishing my masters.
11/2011. My PSW expired and I have stayed in the country without valid leave until 07/2013. I was in a relationship that time with my girlfriend who is now my wife and the mother of my two kids. We had plans to get married before my leave expires but due to her father going through several heart surgeries, it was not the right time to do so.
07/2013. I have returned to my country voluntarily and we git married abroad on 08/2013.
09/2013. Spouse visa application refused due to HO doubting the genuineness of the relationship.
01/2014. Appeal submitted and wife contacting MP to help on the case.
07/2014. Appeal successful and granted 2.5 years spouse visa on the 5 years route.
03/2017. Granted further 2.5 years spouse visa.
08/2019. Granted indefinite leave to remain as spouse of BC.
01/2020. Naturalisation application denied because of the good character.

I will be grateful if I can have legal advice from moderators and senior member if I can challenge the decision of the HO.
And submit a reconsideration.
I found the new 10 year good character law misleading as at no point when I have checked if I am eligible to apply on GOV.UK that the good character requirement will apply to last 10 years .
During the whole process of the application. I thought the 3 past years only will be considered (spouse of BC)
If anyone have similar case or can help with some advice will be much appreciated.
Thanks.

I think you have misinterpreted the guidance. Immigration rules are different from nationality/citizenship rules. You require a 10 years clean record after a breach of immigration law (i.e overstayed). Being a spouse of a Britsih citizen will not make your illegal stay disappear and the fact that you have succeeded in acquiring ILR does not mean everything is forgotten.
As you have been rightly told, you will need to wait till at least 09/2023 (preferably 01/2024) before making another citizenship application. This would have been stated in your refusal letter as well.

[smallpie]

@ kimi, did u declare to them(Home office) you were working during the time your previous status expired?

Sorry I have not been following your previous posts.. I just got this recent post you made

[Amber]

@ kimi, did u declare to them(Home office) you were working during the time your previous status expired?

Sorry I have not been following your previous posts.. I just got this recent post you made

(a) any illegal work during the period is irrelevant as the OP would still be refused as overstayed leave and (b) the Home Office will assume (wrongly) that a person worked illegally to maintain themselves during a period they overstayed. The latter could be grounds for Judicial Review.

[smallpie]

@ kimi, did u declare to them(Home office) you were working during the time your previous status expired?

Sorry I have not been following your previous posts.. I just got this recent post you made

(a) any illegal work during the period is irrelevant as the OP would still be refused as overstayed leave and (b) the Home Office will assume (wrongly) that a person worked illegally to maintain themselves during a period they overstayed. The latter could be grounds for Judicial Review.

I totally agree with you, but using my own situation as an example in 2017 I got approval, and I had overstayed previously for over a year .I got granted RC after that, but at the time of naturalisation I didn't declare in the form, but I was later sent the questionnaire forms and I explained to them reasons, and also I said I wasn't working, and with other supporting documents, which mainly were from my wife.

My naturalisation was approved.

[khaledadda]

Hi everyone.
Many thanks in advance for time and effort for answering my query.
My naturalisation application has beed refused due to the the food character requirement. Illegal work while overstaying in the past 10 years (the new law introduced in 12/01/2019.)

The following is my UK immigration history timeline:
02/2008. Arrived to UK on student visa for 3.5 months to undertake an englosh course.
09/2008. Had student visa extension from within UK for 1 year to do a masters degree.
09/2008. Obtained PSW post study work visa for another 2 years upon finishing my masters.
11/2011. My PSW expired and I have stayed in the country without valid leave until 07/2013. I was in a relationship that time with my girlfriend who is now my wife and the mother of my two kids. We had plans to get married before my leave expires but due to her father going through several heart surgeries, it was not the right time to do so.
07/2013. I have returned to my country voluntarily and we git married abroad on 08/2013.
09/2013. Spouse visa application refused due to HO doubting the genuineness of the relationship.
01/2014. Appeal submitted and wife contacting MP to help on the case.
07/2014. Appeal successful and granted 2.5 years spouse visa on the 5 years route.
03/2017. Granted further 2.5 years spouse visa.
08/2019. Granted indefinite leave to remain as spouse of BC.
01/2020. Naturalisation application denied because of the good character.

I will be grateful if I can have legal advice from moderators and senior member if I can challenge the decision of the HO.
And submit a reconsideration.
I found the new 10 year good character law misleading as at no point when I have checked if I am eligible to apply on GOV.UK that the good character requirement will apply to last 10 years .
During the whole process of the application. I thought the 3 past years only will be considered (spouse of BC)
If anyone have similar case or can help with some advice will be much appreciated.
Thanks.

Sorry for the refusal

Can I ask if they advised you on the refusal letter when you can re apply again? if so from what date?

Thanks

[Kimi23]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

[Djsuccess]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

[khaledadda]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

[FaeLLe]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

Because they have no grounds to believe you were out of the country till they get a formal record and confirmation through Home Office records. Your immigration stamp of entering another country cannot be verified and they will assume (because you have a history of breaking the law) that it cannot be relied on.

Your view on when they should consider what dates to be relevant or not are immaterial, you broke law now wait patiently for your *privilige* (not right) of becoming naturalised. In the meatime try not to get any minor offencese even if it includes speeding or traffic offences as they might cause you to be delayed more.

[London22]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

His 10yrs should be counted from the time he left UK .It is nonsensical ,for example if that person had married in 2020 would have to wait until 2030 the way guidance is being applied which is wrong .An explanation should be given to HO to consider it from they date he left UK .

[FaeLLe]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

His 10yrs should be counted from the time he left UK .It is nonsensical ,for example if that person had married in 2020 would have to wait until 2030 the way guidance is being applied which is wrong .An explanation should be given to HO to consider it from they date he left UK .

Surely the 10 year date should be counted from the time the date from when he stopped commiting the crime (overstaying). How do you get proof he stopped comitting the crime, Home Office does not track exit records (they can but they dont) and they only know when he is no longer a criminal from the date his legal status started (which you could argue is the date his new entry clearance starts from).

[Djsuccess]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

You need 10 years of clean immigration record. Following a period of overstay and exit from the UK, your immigration record essentially ends, therefore the period spent abroad cannot count as a lawful period because the OP had no immigration status then. This is my interpretation.
The OP resumes his UK immigration status after making a successful application. From this point forward a clean 10 years period is needed to pass the good character criteria.

[FaeLLe]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

You need 10 years of clean immigration record. Following a period of overstay and exit from the UK, your immigration record essentially ends, therefore the period spent abroad cannot count as a lawful period because the OP had no immigration status then. This is my interpretation.
The OP resumes his UK immigration status after making a successful application. From this point forward a clean 10 years period is needed to pass the good character criteria.

Exactly this... op Would have just wasted their time and money pursuing this matter.

They should also immediately fire their immigration lawyer as he seems to be a greedy person out to make money from unlawful mitigation.


I would also file a claim of unethical behavior with the solicitors regulatory authority if their immigration legal fees were not refunded in full for misleading OP.

[FaeLLe]

Thanks to everyone who is replying to my post.
I was told i the letter that any application made befire 02/07/2024 is likely to be rejected.
This date makes it 10 years since I renetered the UK on spouse visa.

That's 10 years after you have made a successful application following the initial overstay. I know this could be painful, but I guess you just have to wait till 07/2024

Why not from the date you left the UK? As you were no longer in breach of immigration control, the 10 years ban should be from the day you left from 7/2013 to 7/2023

You need 10 years of clean immigration record. Following a period of overstay and exit from the UK, your immigration record essentially ends, therefore the period spent abroad cannot count as a lawful period because the OP had no immigration status then. This is my interpretation.
The OP resumes his UK immigration status after making a successful application. From this point forward a clean 10 years period is needed to pass the good character criteria.

Exactly this... op Would have just wasted their time and money pursuing this matter.

They should also immediately fire their immigration lawyer as he seems to be a greedy person out to make money from unlawful mitigation.


I would also file a claim of unethical behavior with the solicitors regulatory authority if their immigration legal fees were not refunded in full for misleading OP.

[learner29]

Hi everyone.
Many thanks in advance for time and effort for answering my query.
My naturalisation application has beed refused due to the the food character requirement. Illegal work while overstaying in the past 10 years (the new law introduced in 12/01/2019.)

The following is my UK immigration history timeline:
02/2008. Arrived to UK on student visa for 3.5 months to undertake an englosh course.
09/2008. Had student visa extension from within UK for 1 year to do a masters degree.
09/2008. Obtained PSW post study work visa for another 2 years upon finishing my masters.
11/2011. My PSW expired and I have stayed in the country without valid leave until 07/2013. I was in a relationship that time with my girlfriend who is now my wife and the mother of my two kids. We had plans to get married before my leave expires but due to her father going through several heart surgeries, it was not the right time to do so.
07/2013. I have returned to my country voluntarily and we git married abroad on 08/2013.
09/2013. Spouse visa application refused due to HO doubting the genuineness of the relationship.
01/2014. Appeal submitted and wife contacting MP to help on the case.
07/2014. Appeal successful and granted 2.5 years spouse visa on the 5 years route.
03/2017. Granted further 2.5 years spouse visa.
08/2019. Granted indefinite leave to remain as spouse of BC.
01/2020. Naturalisation application denied because of the good character.

I will be grateful if I can have legal advice from moderators and senior member if I can challenge the decision of the HO.
And submit a reconsideration.
I found the new 10 year good character law misleading as at no point when I have checked if I am eligible to apply on GOV.UK that the good character requirement will apply to last 10 years .
During the whole process of the application. I thought the 3 past years only will be considered (spouse of BC)
If anyone have similar case or can help with some advice will be much appreciated.
Thanks.

Sorry to hear that. How long did it take to reach to a decision after submitting your BC application. I have recently apolied for BC and waiting for the outcome. My circumstances are not much different than yours as I stayed in the country without a job for 4 years before my ILR was granted. But I didnt work illegally during that period. They may ask me how was I surviving then.

[CR001]

Sorry to hear that. How long did it take to reach to a decision after submitting your BC application. I have recently apolied for BC and waiting for the outcome. My circumstances are not much different than yours as I stayed in the country without a job for 4 years before my ILR was granted. But I didnt work illegally during that period. They may ask me how was I surviving then.

Your circumstances are completely different to this users situation. Employment is NOT a mandatory requirement for citizenship.

Your case seems to have been in the appeal process based on your previous posts. This is very different to staying in the UK after visa expire with no legal status for almost 2 years!!!