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answering Q2.1

Posted: Wed Jul 23, 2014 3:38 pm
by johnnymotel
Date of first arrival in UK, with a view to stay longterm.
Having read the guides I am not 100% sure whether I need to expand on this question. My wife has been here legally since the 31/07/2011, she came in on the 2 year visa.She has her ILR and we are ready to send in the citizenship application in the beginning of August. But I am wondering whether my wife needs to explain that she was in the UK for several years before, overstaying. She could argue that she first arrived in the UK in 2002 with a view to stay longterm....just not legally! Of course all her immigration history was put in her first application for the 2 year visa.
I have a feeling not to complicate matters and assume that whoever checks her application will also look back at her whole file.

Re: answering Q2.1

Posted: Wed Jul 23, 2014 10:22 pm
by northstar212
Hi! I have read somewhere that you have to be clear of any immigration violation for 10 years before you apply for citizenship. You must always declare any violation and conviction as it will just be a bigger problem if not, but it's ok if it's more than 10years and was cleared presently.

Re: answering Q2.1

Posted: Thu Jul 24, 2014 9:38 am
by johnnymotel
Can you point me in the relevant direction for further information?

Re: answering Q2.1

Posted: Thu Jul 24, 2014 1:44 pm
by johnnymotel
I found this in the Nationality guidance documents:
9.5 Assisting Illegal Migration
The decision maker will normally refuse an application if there are grounds for believing that the person is currently, or has previously been, involved in an attempt to assist someone in the evasion of immigration control. This includes a person whose spouse‟s/civil partner‟s recent application for entry clearance has been refused on relationship grounds.
However, the decision maker will not normally refuse an application where the person has a history of evading control themselves, particularly where there is no other evidence to cast doubt on their character.

But is it still advisable to mention her previous immigration history or not?