When to apply BC under good character issues - appreciate your help

[tdasilva]

Hello,

Just want to ask some questions for my spouse.

She was a T4 student when she first come to England 2010 October. By the time she had to renew her T4 visa HO couldn’t get the money from her bank account as the bank blocked it (2012 Jan) so her application came back as invalid. Her university college (sponsor) sent the same application back this time with a postal check to the home office.

This application came refused due to sending the old application. By this time her visa has expired so the HO sent her a letter saying she has to leave within two weeks’ time or she has the right to appeal. To appeal she had to have more funds and it had to be in her bank account for 28 days. We went with the second option, applied T4 again with a fresh application and I helped her with the funds as she didn’t have the asking amount in the bank.

She also worked part time in a local place for cash in hand until April/May 2012. It was the time London Olympics were held so it took a long time (6-7months) to receive her visa on 30th of August 2012 but this time she successfully received her student visa.

We got married in 2013 and by 2014 we applied for FLR(M) twice to complete the 5 year period and then applied for ILR in 2019 and until now she has ILR. We understand that she has breached immigration rules as an over stayer and illegal working during the time she was waiting for her visa in 2012. We requested the last 10 years employment history from HMRC in 2019 and in tax year 2012/2013 it clearly shows that she worked even though the job was cash in hand.

My question is, is she safe to apply for British citizenship on the 1st of September 2022 where she completes her lawful 10 year residency or does she have to wait until the 2022/2023 tax year ends to apply for British citizenship as her tax record shows she worked within 10 years of that date (April/May 2012)?

Thanks in advance

[tdasilva]

Anyone?

[Ikonkar]

Yes - she should be okay but to be on the safer side give it a bit more than 10 years (another week or so). I was also in breach of immigration rules - so allowed complete 10 years from the date of legal status and then
Applied for BC which was approved.

Good luck.

[tdasilva]

@ Ikonkar - Thanks a lot