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Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 5:38 am
by Jurax
Hi everyone,
we (me and my wife) would like to apply for naturalisation as soon as posible beacuse of the new (higher) fees kicking in soon. I'm EEA citizen, my wife from outside the EU. We definitely have the years of settlement necessary and all the relevant documentation (residency cards etc.).
BUT - and I'm getting my knickers in the twist over it now - I have a little history of illegal work in the UK. To put long story short - been detained and deported way back in 2003 after brief stay and work in Scotland (before my country joined the EU) for working illegally. Returned to the UK at the start of 2004 with working visa for some 2 years, then back to my home country again (on my own accord this time

)
Now I'm resident in the UK without interruption since January 2008, gone through all the hoops (WRS, residency cert., permanent residency cert.), new start basically and would like to obtain UK citizenship.
Question is:
a) do I have to declare my illegal work even though it is well past the ten year period? (as per section 9.7, letter c) of this document:
Chapter 18 Annex D
b) is there any possibility it will cause me any problems?
Can't remember declaring it ever before on any forms...
Thanks for your time and thoughts
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 8:32 am
by noajthan
Jurax wrote:Question is:
a) do I have to declare my illegal work even though it is well past the ten year period? (as per section 9.7, letter c) of this document:
Chapter 18 Annex D
b) is there any possibility it will cause me any problems?
Can't remember declaring it ever before on any forms...
Thanks for your time and thoughts
EU immigration route operates under different regulations, (with different standards & requirements) compared to citizenship & UK laws.
a) Makes sense to declare. See Q3.13 (3.15)
HO will be aware anyway.
Not declaring could be interpreted as suppressing material facts (illegal working, deportation etc)..
Read the legally-binding Declaration carefully too.
b) Possibly.
10-year ban could be applied since HO becomes aware of issue / your presence in UK is regularised.
With a valid work visa since 2004 you may be good to go after 2014 but suggest see what other experienced members think too.
Good luck.
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 8:53 am
by Jurax
noajthan wrote:
EU immigration route operates under different regulations, (with different standards & requirements) compared to citizenship & UK laws.
a) Makes sense to declare. See Q3.13 (3.15)
HO will be aware anyway.
Not declaring could be interpreted as suppressing material facts (illegal working, deportation etc)..
Read the legally-binding Declaration carefully too.
b) Possibly.
10-year ban could be applied since HO becomes aware of issue / your presence in UK is regularised.
With a valid work visa since 2004 you may be good to go after 2014 but suggest see what other experienced members think too.
Good luck.
Thanks a lot for your answer - declaring is what I'm more and more inclined to as I think it shouldn't do me any harm as it's way past the 10 year period.
The working visa is more or less insignificant as I've spent 2 years and a bit back in my home country (Czech Republic, accession to EU in 2004) before coming back to the UK in 2008.
2008 was basically a fresh start for me where I've started in a new job with all the correct paperwork (WRS and consequent residency cards etc.)
Hope everything will turn out OK for us.
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 9:03 am
by CR001
Agree with noajthan.
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 9:11 am
by noajthan
Jurax wrote:Thanks a lot for your answer - declaring is what I'm more and more inclined to as I think it shouldn't do me any harm as it's way past the 10 year period.
The working visa is more or less insignificant as I've spent 2 years and a bit back in my home country (Czech Republic, accession to EU in 2004) before coming back to the UK in 2008.
2008 was basically a fresh start for me where I've started in a new job with all the correct paperwork (WRS and consequent residency cards etc.)
Hope everything will turn out OK for us.
The caseworker will assess your case dispassionately & decide when you came back onto their radar, 2004 or 2008 or whenever.
You can do the maths.
You mention a new start. You have the opportunity to include a cogent cover letter in your application.
Don't go overboard, don't get emotional in it - stick to facts to show the caseworker how you have made a fresh start in UK.
For example, outline & summarise:
What contributions you make to your local community, church, youth group or whatever it may be.
Show them you are holding a good job with prospects and doing best for your family.
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 11:34 am
by foufou
Jurax wrote:Hi everyone,
we (me and my wife) would like to apply for naturalisation as soon as posible beacuse of the new (higher) fees kicking in soon. I'm EEA citizen, my wife from outside the EU. We definitely have the years of settlement necessary and all the relevant documentation (residency cards etc.).
BUT - and I'm getting my knickers in the twist over it now - I have a little history of illegal work in the UK. To put long story short - been detained and deported way back in 2003 after brief stay and work in Scotland (before my country joined the EU) for working illegally. Returned to the UK at the start of 2004 with working visa for some 2 years, then back to my home country again (on my own accord this time

)
Now I'm resident in the UK without interruption since January 2008, gone through all the hoops (WRS, residency cert., permanent residency cert.), new start basically and would like to obtain UK citizenship.
Question is:
a) do I have to declare my illegal work even though it is well past the ten year period? (as per section 9.7, letter c) of this document:
Chapter 18 Annex D
b) is there any possibility it will cause me any problems?
Can't remember declaring it ever before on any forms...
Thanks for your time and thoughts
you worked illegally and u not gonna meet the good character , and I think you will get 10 years ban start from 2008 , the earliest u can apply is 2018 because u went back home between 2004 and 2018
Re: Naturalisation (AN) with illegal work history
Posted: Wed Feb 10, 2016 11:57 am
by mysteryteller
Agree with foufou.
It looks like it would be better if you wait for 2018 because thats when you put everything in order. In 2018 you will mention for the last 10 years employment which is fine and meet the guidance notes.
If you want to take the risk you can apply with cover letter etc but in my opinion you will be complicating your application and once rejected it takes well over six months to reconsider and first time decision as it seems going to be complicated will unlikely to come within 3 months.