Hi ,
I have a question regarding the 10 years good character requirements regarding overstaying :
My husband is Egyptian, he came to the uk in 2010 and I am a french national . I got the uk citizenship in 2019 and my husband got french citizenship in 2020 . So sofar he is egyptien - french and I am french and british . We got married in the UK in January 2013 and we have a 10 month old baby born in the UK . He received his first residence card in summer 2014 after wining an appeal (application was done in February 2013 but the home office did a mistake and went to the wrong address to check we were living together and he got refused but appeal in June 2014 was successful ) , he then got permanent resident card in 2019 , he now has settle status and ILR.
My concern is mainly regarding the “good character “ part looking at the last 10 years . Indeed my husband overstayed longer than his tourist visa allowed him to in 2010 and received his first residence card in summer 2014 as explained above .
Could he be refused because it hasn’t been 10 years since he had his first residence card / acceptance letter from the home office in summer 2014 following the appeal or there is no risk at all to apply now ? Or is it 10 years from when we got married in January 2013 in which case it is fine as it has been 10 years already ?
Also I saw some information saying that the good character rule have been amended on 28/06/2022 and the article 6(2) of the British nationality act of 1981 says if married to a British citizen (myself ) “ they are automatically treated as meeting the lawful residence requirement during the qualifying period without further enquiry.”
Is this correct and is then in our favour ? Does he have to mention this article in his application to be on the safe side or does the home office studying his application should 100% know this as we don’t want to take any risk to be refused unfairly as it happened before ?
Thank you very much for your advice
Kind regards
Miro
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