OVERTAYING SPOUSE AND BRITISH CITIZENSHIP

[hopeful2003]

Hi everyone, I have been an overstayer for 2 years now and I am married to an ILR holder ( 10 years long residence) through proxy marriage as we are from the same country. I used to work and therefore have a National insurance number in my own name. We are currently living together in the UK and my wife is working earning about 260 gross a week. Please my questions are:

1. Will the UKBA check to see my immigration status when my wife submits her application for naturization? If yes, will my being an overstayer affect her application in any way.

2. Can she apply for any benefits without involving me?

Thanks a lot for your help.

[njoy1987]

it is highly advisable for you travel back to your country voluntarily and make a fresh application to regularise your stay (mention exactly why u overstayed and dont hide facts. seeking legal advice in this sotuation would be an ideal stance-

her application will not be affected or refused As u said UKBA might get a tip off.

she can apply for whatever benefits she is entitled to within her own right

[hopeful2003]

Thank u very much njoy1987, the issue is that she does not meet the financial requirement. She is currently pregnant and I am hoping that when she gets citizenship we can do SS or article 8.
About the benefits, they will need my information and I am wondering if she should say that she is single since I am overstayer. Will that be lying and can that affect her/us later?

[njoy1987]

you have your policies muddled up if I am not wrong your other half has ilr and is appliying to naturalise as a british citizen?

there is no financial requirement to naturalise its all based on good character and residential qualifying period. no benefits effects naturalisation u could be unemployed it dont matter

please read the guidance its all there hope this helps

[njoy1987]

lying or hiding facts is deception and clearly mentioned time and again

if you are her husband then she would be asked partners full name and nationality when she applies. If your her spouse in the marriage register you cant pull wool over their eyes.

[hopeful2003]

Thanks again, I am talking about the financial requirement of 18600 when she is sponsoring me if I should return to my home country. Currently she does not earn that amount. she earns about 14000.

[hopeful2003]

I think you are misunderstanding me. I am talking about saying that she is single when applying for benefits. My concern is that because of me the might pay her more that she is entitled to. thanks

[njoy1987]

they are doing something with it as high court rendered the minimum income rule as unfair please read

so hopefully by the time u applied they change the rule

http://www.ukba.homeoffice.gov.uk/sitec ... ome-update

[VR]

hopeful2003,

The fact that you are an overstayer will jeopardize your partner's application to naturalize. She is aware of your situation and does nothing about it and this under law makes her an accessary to an immigration crime.

It is a tricky situation. I suggest you consult a good Immigration lawyer on the best way forward , rather than depend on a web forum like this and amateur advise (no matter how well-intentioned it is).

On your other questions I do not think the home office will know you had a proxy marriage as there will be no record and if your ''wife'' applies individually. It is more likely that they will get to know of it based on a tip off.Also she can claim benefits in her own right once she has ILR. Also if you are illegal then if your wife claims benefits more than what she is entitled to using you (I do not know how this is possible), its a far more serious criminal issue. Apologies for sounding alarming. But have been in this country for a long time, I can tell you that if found out every passing dog and cat will throw the rule book at you until you are ground to the earth.

Good luck in sorting this serious mess.
cheers
vr

[hopeful2003]

Thank you Vr for your time, insight and advice. With God all things are possible. Thanks once again.