Does 10 year ban apply to EEA family members

[Andrewbird35]

My understanding does not apply under the EEA route
As I was here in 2000 to 2007 and left the country in 2007 while FLR application was pending.I withdrew that application at airport and signed deceleration that I am leaving voluntarily.
Then got married and applied FP under EEA route and renter legally under EEA family route.
Got RC in 2010 and PR 2015.
BC due May 2016.
Do you think I am still ban for 10 years even I left the UK on pending application.My understanding is leaving the UK and then coming again under EEA law should not be immigration breach.
Any expert advice please..

[chocolateorange88]

what was your legal status from 2000-2007? illegal?

[Wanderer]

I would guess it does as BC is a UK thing, where you effectively move under UK immigration rules. Otherwise it wouldn't be fair on this on UK route.

Then again I don't actually know, and nothing's fair when it comes to immigration, especially as citizenship is not a right.

[Andrewbird35]

I would guess it does as BC is a UK thing, where you effectively move under UK immigration rules. Otherwise it wouldn't be fair on this on UK route.

Then again I don't actually know, and nothing's fair when it comes to immigration, especially as citizenship is not a right.

Came as a visitor
Applied asylum before visit visa expired
Appeal exhausted
Then sent further application under human rights etc in 2004
That application was pending when left UK
2007 left UK while withdrew application at airport.
Came back in 2009 again on FP

[Universal soldier]

If the period between 2000-2007 was not covered by section 3c then it does. Section 3c applies when application sent before recent leave expire and it continue until refusal decision + 10 more days of launching appeal. Good character requirements actually design to delay people from getting BC on overstaying grounds. Before good character such situations was fine because they only go back 5 years of residential period but now they go far till 10 years under good under good character.

[Andrewbird35]

If the period between 2000-2007 was not covered by section 3c then it does. Section 3c applies when application sent before recent leave expire and it continue until refusal decision + 10 more days of launching appeal. Good character requirements actually design to delay people from getting BC on overstaying grounds. Before good character such situations was fine because they only go back 5 years of residential period but now they go far till 10 years under good under good character.

How can I find out precisely that where do I stand..
When I left UK immigration asked me to sign a declaration and told me there is no ban on me for returning to UK even one year because I am leaving volentarily but he said you only get visa from home country if it's strong application not visit visa.
He gave me a document and ask to show this document in embassy when apply.
Do not know what is my position?
Should I ask HO for my record file that cost £10?
Expert advice please...

[Universal soldier]

Yes sar file will be very helpful. But the best expert about understanding section 3C and overstay is moderator vinny. He may explain it more deeply and logically.

[Andrewbird35]

Yes sar file will be very helpful. But the best expert about understanding section 3C and overstay is moderator vinny. He may explain it more deeply and logically.

Ok waiting for Vinny's response.
Hopefully Vinny will spare his/her precious time and explain more about that.

[Wanderer]

If the period between 2000-2007 was not covered by section 3c then it does. Section 3c applies when application sent before recent leave expire and it continue until refusal decision + 10 more days of launching appeal. Good character requirements actually design to delay people from getting BC on overstaying grounds. Before good character such situations was fine because they only go back 5 years of residential period but now they go far till 10 years under good under good character.

How can I find out precisely that where do I stand..
When I left UK immigration asked me to sign a declaration and told me there is no ban on me for returning to UK even one year because I am leaving volentarily but he said you only get visa from home country if it's strong application not visit visa.
He gave me a document and ask to show this document in embassy when apply.
Do not know what is my position?
Should I ask HO for my record file that cost £10?
Expert advice please...

I think that's all correct for ILR/PR, which is something you are legally entitled to provided the criteria are fulfilled. The difference is BC is not a right, it's a privilege so there is no legal 'right'.

[Universal soldier]

@wanderer
Your assumption maybe right for your own only but simply if section 3c has been triggered then it will definitely be accepted under good character. Because section 3c was actually invented to avoid overstay where application is lodged before current leave expire and it will continue until refusal decision and appeal exhausting time. I don't know about op but section 3c will definitely be accepted under good character criteria because it is just like a legal leave/visa. One key word you always remember that any legal legislation which UK government itself launch to avoid overstayers will be accepted even in BC stage such as section 3c, section 3d, 28 days out of time application, leaving UK within 28 days of overstay etc. Hope it clarify you. Don't hesitate to ask.

[secret.simon]

To answer the OP's original question;

Citizenship is not a part of the pathway of immigration, although that may be the goal of most people. Citizenship means becoming a participant in the political life of the nation, though some people on these forums may see it as a maroon passport that allows freedom to travel within the EEA and wider.

The EEA route and the EEA Regulations terminate at PR, just as the non-EEA route and Immigration Rules terminate at ILR.

Each Member state of the EU, just as every other nation-state in the world, has full, sovereign and untrammelled freedom to make any rules it sees fit to grant citizenship as it sees fit. Hence the wide variance between the rules of the EEA countries from Ireland (jus soli) to Germany, Italy and Poland (jus sanguinis).

The UK requires the candidate for citizenship to be of "good character", which includes among other things, not having broken immigration rules. If rules were broken during the immigration process, citizenship can be refused irrespective of the immigration pathway you have taken, because it is a separate and unconnected process.

[cool mind]

I agree with universal soldier he is 100% right. Because section 3c/3d/28 days out of time application is actually ukba itself designed to avoid overstay and carry forward its all attached rights & conditions even actual leave end. It will certainly be accepted under good character because its legal leave as universal soldier said as well.

[Andrewbird35]

Well I am really wondering to know what is my position?
Debate is not that EEA PR and IRL comparison etc
My question was that what is my position and where do I stand?
What should I do and how can I find out whether I am eligible for citizenship next year or do I have to wait until 10 years complete?
Please expert opinion..Still waiting for Vinny's reply and very expert opinion...

[vinny]

He gave me a document and ask to show this document in embassy when apply.

What was the document?

[Andrewbird35]

He gave me a document and ask to show this document in embassy when apply.

What was the document?

Thanks Vinny for reply
To be honest I can't remember name of docent and I have lost that as well.I think I have that to embassy or may be not when applied for FP.Really can't remember as it's been 8 years now and my memory is not that good.
But I remember the content of document was a letter issued to someone who is leaving voluntarily.
Note..I did not have valid passport(had passport but expired)and took a travel document from home country's embassy.
Furthermore,immigration officer called to HO and reconfirmed my pending application.
My EEA partner was with me and IO asked me several times that I m sure I wanted to withdraw pending application and leave the country and I said all the time,yes I am sure.

[fwd079]

He gave me a document and ask to show this document in embassy when apply.

What was the document?

Thanks Vinny for reply
To be honest I can't remember name of docent and I have lost that as well.I think I have that to embassy or may be not when applied for FP.Really can't remember as it's been 8 years now and my memory is not that good.
But I remember the content of document was a letter issued to someone who is leaving voluntarily.
Note..I did not have valid passport(had passport but expired)and took a travel document from home country's embassy.
Furthermore,immigration officer called to HO and reconfirmed my pending application.
My EEA partner was with me and IO asked me several times that I m sure I wanted to withdraw pending application and leave the country and I said all the time,yes I am sure.

Personally I am of the view that if you were here illegally (visitor's visa isn't being illegal, expired visa is being illegal) then you have to wait for 10 years from the date you became legal again, so suppose you became legal again in 2007, then you will eligible to apply for Naturalisation on 2017.

To save £1,000 + amount of money, I'd suggest you to book Nationality Checking Service and explain your situation to them.

Good luck.

[Andrewbird35]

My point is if you have pending application of any sort all the time and if you are told leave the country in so on time or other way around(you leave yourself voluntarily).
Then why should some one penalised?
In my opinion,I followed the rules.
Applying any thing is not crime itself even Astlum or humanitarian protection..Regardless of outcomes of application.If so then it should say if your application refused you would be classified as a criminal.
Isn't it?
It's big debateable point.
Still waiting for Vinny and Amber's very expert opinion.

[Universal soldier]

I think from year 2000-till your appeal was exhausted you was covered by section 3c. Beyond that it's highly tricky. Normally if new application is being made within 28 days and if its approve then whole previous period counts as legal. But in your case you made application but withdraw yourself and here the confusing points start that whether that period covers again under section 3c but most likely to say no.

[slough_Boy]

My point is if you have pending application of any sort all the time and if you are told leave the country in so on time or other way around(you leave yourself voluntarily).
Then why should some one penalised?
In my opinion,I followed the rules.
Applying any thing is not crime itself even Astlum or humanitarian protection..Regardless of outcomes of application.If so then it should say if your application refused you would be classified as a criminal.
Isn't it?
It's big debateable point.
Still waiting for Vinny and Amber's very expert opinion.

You have breached the conditions of Visit Visa in past. Visit visa does not allow you to switch.
you have not followed the immigration rules on visit visa.
so better to save money and wait till 2017.

[PrestonLancs]

when were your appeal rights exhausted? mm/yy
when did you leave UK ? mm/yy

[PrestonLancs]

Just noticed your other posts.
Your appeal rights exhausted in 2004, but you did not leave UK until 2007.
2004-2007 is clearly illegal. Human rights representations do not make your stay legal.

You have to count 10 years from your entry in 2009. As simple as that.

[Andrewbird35]

Just noticed your other posts.
Your appeal rights exhausted in 2004, but you did not leave UK until 2007.
2004-2007 is clearly illegal. Human rights representations do not make your stay legal.

You have to count 10 years from your entry in 2009. As simple as that.

Wow,
I'm not applying on 10 years route basis,why should I wait till 2019?????
I left UK in 2007 and stayed in other country(ie Moon).
Does UK migration rule apply on moon?
Please read things carefully before any advice
Immature advice is same like a treatment by a quack...

[fwd079]

My point is if you have pending application of any sort all the time and if you are told leave the country in so on time or other way around(you leave yourself voluntarily).
Then why should some one penalised?

Personally I think you are correct, one shouldn't be penalised if you had made an application in time, to extend the visa. Then as long as your application is with Home Office, your immigration status stays the same as your current visa, even if visa expiry date passes, now, if you have withdrew your application at an exit port, then you left the UK on the day your visa expired, therefore no rules were broken. You reentered on a valid visa and stayed legal throughout, you should not worry at all. Book NCS (link in my previous post) and apply.
Good luck.

[Universal soldier]

I think if you read my previous replies then I have given you correct answer. I researched too much on section 3c and overstay topic day & night and under such light I given you answer which a lot posters now repeating. Best is sar report costs you only £10.