Good Character Refusal

[russ1981]

Dear all,
I'd like to ask for a guidance in applying for BC. My brief history below.
1999 arrived to the UK from Ukraine on student visa.
June 2000 the visa expired, I was an overstayer.
April 2012 applied for FLR(o)
Sept 2013 got refused with no ROA
Feb 2014 married my fiance from EU
Feb 2014 applied for EU RC, got rejected in March 2014 (problems with my passport)
Mar 2014 reapplied for EU RC, refused in Apr 2014 (again, passport issues)
Jul 2014 reapplied again for EU RC, got issued in Sep 2014 for 5 years until Sep 2019
Dec 2017 divorced, in Jan 2018 applied to retain residency, received in Apr 2018
Feb 2019 applied for EU settlement, received March 2019
March 2020 applied for naturalisation, got refused in Sep 2020. The reason for refusal was non-compliance with immigration law. When I checked my archive, the caseworker stated that I was non-compliant from Mar 2010 until Apr 2012(the date of FLR(o) submission), as they look at 10 years history.
My question is: when I can reapply for naturalisation? I was thinking that I can do from Feb 2024, 10 years after the date of marriage. At the time of marriage and throughout of it my partner was exercising her treaty rights, and I believe that non-EU family members acquire their EU rights from the date of marriage (not the date of receiving EU RC), providing the EU family member is exercising its treaty rights.
Please share your thoughts.
Thanks a lot

[contorted_svy]

I would apply in Sept 2024, 10 years since your immigration status became regular again with EU RC. According to caseworker you could have reapplied in Apr 2022, but as you were refused before and September is relatively a short way away, I'd wait until then. It is an expensive application after all.

[MuhammadM86]

I agree with contorted_svy. Although it is a clean cut as per the case worker, it says to Feb 2014 so to Feb 2024 is 10 years, if you are to apply before I would say do it next month.

[russ1981]

Thank you people for your response.
I thought I would be complied after the date of marriage, rather the date of issue the RC.
Also, please check notes in my archive from the caseworker below.

06/06/99 arrived in UK with EC gran ed as a V sitor for period 06/06/99 to 06/12/99
<breach>
05/04/12 applied for Human Rights - Article 8, refused with no ROA 21/08/13 (CID notes confirm ""Last time
granted 3 months Extension or change of conditions until 30/06/2000. Overstayed since "")
14/02/14 married an EEA national.
25/02/14 applied for EEA - Residence Card - Non EEA National - Spouse/Civil Partner, rejected 06/03/14.
18/03/14 applied within 28 days for EEA - Residence Card - Non EEA National - Spouse/Civil Partner,
refused 28/04/14.
14/07/14 applied out of time for EEA - Residence Card - Non EEA National - Spouse/Civil Partner, issued
13/09/14 - 13/09/19.
09/01/19 applied in time for EEA (BIO) - Res Card - Non EEA National - Spouse/CP, granted 03/04/18 -
03/04/23.
14/02/19 applied in time for EU Exit Sett. Sch - PR holder, granted EUE GRANT I.L.R.
27/03/19.
Therefore he was in the UK without leave from 30/06/00 when his leave expired until 14/02/14 when he
married an EEA national. He was non-compliant from 30/06/00 - 05/04/12 when he next made an application
for further leave. As we only take ten years into account, he was non-compliant from 29/03/10 - 05/04/12. I
propose to refuse on character as he overstayed in the UK for 2 years and made no attempt to regularise his
stay during this time. Do you agree?"
Application Hold

Thank you. Please see what you think.

[contorted_svy]

As I said it is your choice. Your application was refused before, you waited almost two years since you were told you could have been eligible. I would save myself the anxiety from the risk of wasting the fee a second time and apply in September - 10 years after your application for RC was granted.