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Citizenship Application After September 2022 Rules

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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SBASCO4
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Citizenship Application After September 2022 Rules

Post by SBASCO4 » Tue Oct 18, 2022 12:46 pm

Hello Everyone, I Just need some advice from Gurus and anyone with your experience please,

My Immigration History
came in uk as a student 2010, visa expire 2011, overstay 2011 to 2015, first application made in 2015 for BRC as a family member of an EU. baby born in 2015. BRC application refused in 2016 because passport was expire (not valid id) appealed in 2016 hearing date came in 2017 but just 1 day before hearing Home Office withdrawn their original decision and issued me BRC end of 2017, Received Settle Status in July 2021.

So Now Question is what You guys can advice me, should I apply for citizenship now or can I apply now? because I have got mix reviews from few people, some says u can do it and some says it can be refuse because you was OVERSTYER between 2011 to 2015.

Thanks in advance and much appreciated your work guys.

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contorted_svy
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Re: Citizenship Application After September 2022 Rules

Post by contorted_svy » Tue Oct 18, 2022 1:49 pm

Read this:

https://freemovement.org.uk/guidance-up ... lications/
Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.

Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.

The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.

To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply:

The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022;
The person holds indefinite leave to enter or remain; and
No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision.
It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to:

Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal
Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate
Applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered.
Are there any other factors that might cast doubt on your good character? If the answer is no, you should be OK according to the new rules. If there is any other factor that might cast doubt on your good character, it would be better to wait. Your period of lawful residence started possibly when you applied for a BRC in 2016, so if you have any other concerns relating your good character in the last 10 years, you are better off waiting until 2026.
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: Citizenship Application After September 2022 Rules

Post by secret.simon » Tue Oct 18, 2022 2:21 pm

How did you support yourself between 2011 and 2017?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

SBASCO4
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Re: Citizenship Application After September 2022 Rules

Post by SBASCO4 » Tue Oct 18, 2022 2:59 pm

Thanks your reply guys
I was dependent on my Partner until I received my first BRC on end of 2017.

Once in 2020 i been accused or you can say there was a complaint against me in Police about me by one of colleague Police arranged an interview, i been to police station and they arrested me for an interview after they interview they told me you released without any charges and case been close.

Part from that i have no convictions and never been charged by police & never been Court for any crime.

What you say with that arrest can put me in trouble for my British citizen application?

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contorted_svy
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Re: Citizenship Application After September 2022 Rules

Post by contorted_svy » Tue Oct 18, 2022 3:14 pm

As there were no charges that should be fine. Any issues with HMRC, fines, penalties of any kind that you didn't pay? The more your record is squeaky clean the less you have to worry about your overstay in the past raising eyebrows.
All advice comes from personal research and experience and should not be regarded as professional opinion.

SBASCO4
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Re: Citizenship Application After September 2022 Rules

Post by SBASCO4 » Tue Oct 18, 2022 3:42 pm

Hey buddy, No Apart from that I have 2 times parking ticket which been paid straight away. everything i have

I been arrested and an interview by Police (released without charges)

2 different times car parking tickets (paid straight)

And overstayer between 2011 to 2015

I m working full time as a bus driver, earning 40k+ this year, paid lot of tax,

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contorted_svy
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Re: Citizenship Application After September 2022 Rules

Post by contorted_svy » Tue Oct 18, 2022 3:54 pm

Work and earnings are not a requirement for naturalisation.
All advice comes from personal research and experience and should not be regarded as professional opinion.

SBASCO4
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Re: Citizenship Application After September 2022 Rules

Post by SBASCO4 » Tue Oct 18, 2022 4:12 pm

So what you think guys This is my overall history so what is your kind advice to me about that? Or Anyone been through with same matter? Much appreciate for your time

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contorted_svy
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Re: Citizenship Application After September 2022 Rules

Post by contorted_svy » Tue Oct 18, 2022 4:19 pm

Not many applications have been processed since the rules changed. We can only give you our interpretation based on the guidance. You can apply based on this, or decide that to avoid risk you'll wait for a few more years.
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: Citizenship Application After September 2022 Rules

Post by secret.simon » Tue Oct 18, 2022 5:49 pm

SBASCO4 wrote:
Tue Oct 18, 2022 2:59 pm
I was dependent on my Partner until I received my first BRC on end of 2017.
That should be fine then.

Keep in mind that while the guidance does ignore illegal residence, it does not ignore working illegally in the UK, which can still lead to a refusal. Hence the question.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

London22
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Re: Citizenship Application After September 2022 Rules

Post by London22 » Tue Oct 18, 2022 9:28 pm

SBASCO4 wrote:
Tue Oct 18, 2022 12:46 pm
Hello Everyone, I Just need some advice from Gurus and anyone with your experience please,

My Immigration History
came in uk as a student 2010, visa expire 2011, overstay 2011 to 2015, first application made in 2015 for BRC as a family member of an EU. baby born in 2015. BRC application refused in 2016 because passport was expire (not valid id) appealed in 2016 hearing date came in 2017 but just 1 day before hearing Home Office withdrawn their original decision and issued me BRC end of 2017, Received Settle Status in July 2021.

So Now Question is what You guys can advice me, should I apply for citizenship now or can I apply now? because I have got mix reviews from few people, some says u can do it and some says it can be refuse because you was OVERSTYER between 2011 to 2015.

Thanks in advance and much appreciated your work guys.
Hello
I think you should wait until have 10 years clean immigration history .New guidance doesn't have anything for previous overstayers ,it is only creating sensation for desperate applicants to apply & the HO will refuse & keep the money .The new change says overstay may be disregarded but we know it is not automatic hence HO is likely to have secret information for its caseworkers on what approach to take & we know the approach is to refuse.Also it is typical that HO doesn't provide clear information .
Those who think new guidance has created easiness for previous overstayers shouldn't forget that expecting relaxation in rules from this govt is just so naive .

SBASCO4
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Re: Citizenship Application After September 2022 Rules

Post by SBASCO4 » Wed Oct 19, 2022 10:03 am

London22 wrote:
Tue Oct 18, 2022 9:28 pm
SBASCO4 wrote:
Tue Oct 18, 2022 12:46 pm
Hello Everyone, I Just need some advice from Gurus and anyone with your experience please,

My Immigration History
came in uk as a student 2010, visa expire 2011, overstay 2011 to 2015, first application made in 2015 for BRC as a family member of an EU. baby born in 2015. BRC application refused in 2016 because passport was expire (not valid id) appealed in 2016 hearing date came in 2017 but just 1 day before hearing Home Office withdrawn their original decision and issued me BRC end of 2017, Received Settle Status in July 2021.

So Now Question is what You guys can advice me, should I apply for citizenship now or can I apply now? because I have got mix reviews from few people, some says u can do it and some says it can be refuse because you was OVERSTYER between 2011 to 2015.

Thanks in advance and much appreciated your work guys.
Hello
I think you should wait until have 10 years clean immigration history .New guidance doesn't have anything for previous overstayers ,it is only creating sensation for desperate applicants to apply & the HO will refuse & keep the money .The new change says overstay may be disregarded but we know it is not automatic hence HO is likely to have secret information for its caseworkers on what approach to take & we know the approach is to refuse.Also it is typical that HO doesn't provide clear information .
Those who think new guidance has created easiness for previous overstayers shouldn't forget that expecting relaxation in rules from this govt is just so naive .
Hi Mate, yeah i know what you mean, I had very bad experience with HO and i was happy when i heard rules relaxed for previous overstayer.
If i wait for 10 years clear immigration history i have to :( apply on end of :| 2026. OMG after 11 years i can just apply for Citizenship from 1st BRC application not fair at all and it’s 5 years routes :shock:
If I apply so i want through the Solicitor so application fees £1330 and solicitor fees £750 its risk of £2K.
Therefore i m getting mix reviews about this case because not many people applied yet after the September. I think it’s worth of risking £2k rather than wait another 4 years just to apply and 1 year waiting time so total 5 years again 😞

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contorted_svy
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Re: Citizenship Application After September 2022 Rules

Post by contorted_svy » Wed Oct 19, 2022 10:07 am

I know that you'd prefer to do it sooner rather than later, but unless you have very specific circumstances, being on ILR you already have almost the same rights of a British citizen. It's not a compulsory application.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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