When did you first arrived in the UK ? - illegal entry

[ivan83]

Hello all,
I entered the UK illegally in February 2016. In July 2017, I got married and applied for EEA (EFM) status as an EU family member, receiving limited leave to remain for 5 years. I have since lived more than 6 continuously years in the UK and now hold Settled Status since June 2023.

I'm planning to apply for naturalisation but am concerned about my illegal entry. The guidance states applicants must not have breached immigration laws in the five years prior to application.
During my illegal entry, I never received a stamp or entry clearance and have no way to confirm this (since it was illegally and I wasn’t processed thru border control in order to put me thru the system).
However, in each application, I have truthfully declared my entry and stated this in all previous Home Office applications.

1. How should I answer "When did you first arrived in the UK ?” & Where did you first arrive in the UK?"—the illegal entry date and location in 2016 or the lawful entry in 2017 which was 1 week after I got BRP, I was out of UK and came back after 4 days?

2. Will my illegal entry impact my naturalisation application despite having lived lawfully for six years (5 years + 1 year settled)?
- The Naturalisation Guidance mentions these key points:

• • The requirement for continuous lawful residence:
  - Must not have been in breach of the immigration laws in the 5-year period before making your application. We may assume you meet this requirement without making further enquiries if you have been granted indefinite leave to enter or remain in the UK

- Citezenship Ban:
- This section only affects you if you entered the UK illegally on or after 7 March 2023. It will not affect you if you entered the UK before that date, or came here lawfully
• You entered or arrived from 7th March 2023 onwards
• You entered illegally. This means you needed permission to enter the United
Kingdom but entered:
- without permission, or with permission that was obtained by deception
- in breach of a deportation order
- without a valid entry clearance if it was required; or
- without a valid electronic travel authorisation if one was required.
• You did not come directly from a country in which your life and liberty were
threatened because of your race, religion, nationality, membership of a particular
social group or political opinion
Any advice would be appreciated. Thank you!

[contorted_svy]

You need to mention the lawful entry. Your application will be rejected if you apply less than 10 years after your lawful entry because they look at 10 years of immigration history according to the new guidance on the Good character requirement.

[ivan83]

Thank you for reply,

I believe that on June 2022 Nationality and Borders Act 2022 (NABA 2022) has amended this law, which states basically that they might disregard immigration breaches before 5 years if some other conditions as a good character are meet.

Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.

Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK.

This change commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas territory citizen.

To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10- year period prior to the application where all of the following factors apply:

1 - the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
2 - that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
3 - no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

[contorted_svy]

That rule applies only for the lawful residence during the qualifying period. They do also look at breaches in the 10 years before the application.

[verbina]

Thank you for reply,

I believe that on June 2022 Nationality and Borders Act 2022 (NABA 2022) has amended this law, which states basically that they might disregard immigration breaches before 5 years if some other conditions as a good character are meet.

Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.

Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK.

This change commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas territory citizen.

To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10- year period prior to the application where all of the following factors apply:

1 - the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
2 - that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
3 - no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

Literally that!! It's no longer 10 years, it's 5 years period. So you are perfectly good to apply! Good luck!

[verbina]

That rule applies only for the lawful residence during the qualifying period. They do also look at breaches in the 10 years before the application.

Breaches i.e. - criminal convictions, council tax debt, etcetra

For immigration breaches ie - overstaying, illegal entry they have now changed it to 5 years.

[contorted_svy]

I am sorry but I disagree. I advise OP should wait as I said above.

[Dreabbob]

Hello ivan83,

I just registered on the forum now when I read your concern regarding the Nationality and Borders Act 2022.
Anxiety of naturalisation application is so tense. I will answer some of your concern from my true experience on the naturalisation application made these year 2024 by a friend who entered UK illegally and overstayed for sixteen years. He was approved less than three month.

1.Regarding the year of entry and place. Copy the same year and place your filled in all your previous immigration application in UK up to your settled status.

2.Place of entry should be the city or town you entered UK, example - London, Manchester etc. keep it simple.

3. The home office only look back five years according to the instruction in the Nationality and border act 2022. Which makes your overstayed years irrelevant as long as there are no concern or deception in your previous application up to the indefinite leave.
4. Your illegal entry or overstay will not affect your naturalisation, the Nationality and Borders Act 2022 has discretion on these which they apply as stated as long as other issues of good character like criminal record, deception etc are not committed.

Go on and apply for your naturalisation, you will be get it approved