Breach of Immigration Law and Naturalisation

[wadda_laura]

Brief history is my husband from Somalia came to UK as a student for 6 months English course in a private college at London in the start of 2007 and left UK in mid-2008 voluntarily without any removal notice, after exercising first and upper tribunal appeal rights but not high court appeal rights. His student visa extension was refused due to extended working hours without permission of secretary of state as he was working full-time at Tesco Extra in London. He again got entry in 2010 as Tier 1 (General) migrant from Mogadishu, Somalia. When he arrived at London airport, the immigration officer put him on hold and told him "there was his history on the system but he said it would be deleted on the system as you have got fresh entry. Do not worry about it". He is on ILR now. We were thinking he can get naturalized now but 10 yrs good character rule is prohibition. We have got 8 kids and we all 10 members left UK in 2008 voluntarily and got new entry now. We want to know when exactly he can apply for naturalisation and when we can? Other confusion is, Will the same 10 yrs rule apply on us (9 dependents) who did not breach visa condition but had to leave UK due to husband? We are much worried and not getting the way out of this. Hope this would assist to understand our situation.

[CR001]

Other confusion is, Will the same 10 yrs rule apply on us (9 dependents) who did not breach visa condition but had to leave UK due to husband?

No, it won't. Each person applying has to meet the requirements for citizenship. If you have 5 years residence and 1 year ILR, you can apply.

It appears that he will probably be able to apply from mid 2018 for citizenship, 10 years from when he left. Working in breach of visa conditions in 2007 could still be a problem though under the good character requirement.

[longhorn]

I believe any naturalisation application within the 10 years of "when you were served the decision that raised the breach of immigration law" will be refused. In my personal opinion, arguably the safest time to make a naturalisation application will be 10 years from the date you voluntarily departed from UK.

If the fee has not been taken yet, cancelling the bank card would stop the payment and they won’t process the application without payment anyway.

[cs95tdg]

Other confusion is, Will the same 10 yrs rule apply on us (9 dependents) who did not breach visa condition but had to leave UK due to husband?

No, it won't. Each person applying has to meet the requirements for citizenship. If you have 5 years residence and 1 year ILR, you can apply.

It appears that he will probably be able to apply from mid 2018 for citizenship, 10 years from when he left.

+1. I agree with the above.

Working in breach of visa conditions in 2007 could still be a problem though under the good character requirement.

CR001, is there any particular reason why you believe this would still be a problem if he applies after the 10 year period?

[CR001]

Working in breach of visa conditions in 2007 could still be a problem though under the good character requirement.

CR001, is there any particular reason why you believe this would still be a problem if he applies after the 10 year period?

Goes against the good character of an applicant. This aspect is likely not confined to only the last '10 years' but will be fully explored by HO particularly given that they are fully aware that he worked full time on a student visa, a clear breach and disregard for the immigration rules.

[cs95tdg]

Goes against the good character of an applicant. This aspect is likely not confined to only the last '10 years' but will be fully explored by HO particularly given that they are fully aware that he worked full time on a student visa, a clear breach and disregard for the immigration rules.

I suppose assessment of Good Character is not quite clear-cut (but slightly more transparent, in terms timespan now by the introduction of the 10 year time period clause introduced in Dec 2014) and somewhat in the hands of the individual caseworker(s) looking at the immigration history. But I do see what you mean, that there is a difference between someone who wilfully attempts to deceive or evade rules/laws over short/long periods of time and others along with the reasons for doing so. The range is vast and diverse, with multiple shades of grey.

[wadda_laura]

Goes against the good character of an applicant. This aspect is likely not confined to only the last '10 years' but will be fully explored by HO particularly given that they are fully aware that he worked full time on a student visa, a clear breach and disregard for the immigration rules.

I suppose assessment of Good Character is not quite clear-cut (but slightly more transparent, in terms time-span now by the introduction of the 10 year time period clause introduced in Dec 2014) and somewhat in the hands of the individual caseworker(s) looking at the immigration history. But I do see what you mean, that there is a difference between someone who willfully attempts to deceive or evade rules/laws over short/long periods of time and others along with the reasons for doing so. The range is vast and diverse, with multiple shades of grey.

Sorry for putting wrong category for my husband's visa. He got re-entry as Tier 1 (Entrepreneur) not Tier 1 (General). You said that dependents will not be affected by 10 year rule. My husband visa extension was refused in Sep-2007 and from that time to Mid-2008 we were in appeals process and the appeals were unsuccessful. All of us (10 members) were having no leave to remain from mid-2007 to mid-2008. Will we (the dependents) be considered over-stayers at the time of naturalisation and 10 rule will be applied on us? Just want clarification about it. Thanks in advance!

[cs95tdg]

You said that dependents will not be affected by 10 year rule.

No, that's not what was said. You appear to have misunderstood. The response given was based on your input underlined below. Note that as mentioned below each individual will need to meet the requirements for citizenship in their own right. If any or all of you have a period of overstay or any other aspect where you fail to meet any of the citizenship requirements then you should take that into consideration when deciding the date to apply.

Other confusion is, Will the same 10 yrs rule apply on us (9 dependents) who did not breach visa condition but had to leave UK due to husband?

No, it won't. Each person applying has to meet the requirements for citizenship.

[cs95tdg]

My husband visa extension was refused in Sep-2007 and from that time to Mid-2008 we were in appeals process and the appeals were unsuccessful. All of us (10 members) were having no leave to remain from mid-2007 to mid-2008. Will we (the dependents) be considered over-stayers at the time of naturalisation and 10 rule will be applied on us?

With respect to your immigration status while your appeals were in process, my understanding is that if the original application and any subsequent applications were made in time, before your previous leave expiring then you would be covered by section 3c/d. So the exact date when your overstay period began, would very much depend on the specifics of your applications. You may want to wait for others more knowledgeable on this to comment further.

[noajthan]

...

All of us (10 members) were having no leave to remain from mid-2007 to mid-2008. Will we (the dependents) be considered over-stayers at the time of naturalisation and 10 rule will be applied on us? Just want clarification about it. Thanks in advance!

There is no concept of a family application for the privilege of citizenship.

Each applicant will be assessed on their own merits; the good character requirement will be applied to all applicants, case by case (and also to any minors applying to register as citizens if over 10 years old).

[wadda_laura]

We are so thankful to you nice guys for providing us so much assistance; Please let me know
1. When the over stay period starts? The date when last appeal is rejected or the expiry date of previous visa?
2. How home office considers this overstay period/time for the dependants which is taken due to appeal process of main applicant's visa rejection, winding up themselves forever and voluntarily leaving the country.
3. We all the dependant re-entered in Jan-2014. Can home office say all the dependants (me and 6 kids except the 2 kids born in Somalia) have also breached immigration law not for breaching visa conditions but in terms of over-stay within 10 years preceding naturalisation applications.
4. Since when dependants' 10 yrs rule for character requirement is started? Mid-2008 (country leave time) or Jan-2014 (re-entry date)?
5. Does it mean me and my 6 kids have to meet the 10 yrs character requirement and 2 kids do not as they were born in Somalia after leaving UK.
The good character guidance does not say anything regarding the issues like this. Whenever we call home office, every time we get different answer. We are much depressed now and not finding the way out.

[Casa]

My advice is to ask Ho this questions by emailing to nationality enquirer and u get the real answer and same time send a copy of the email u will receive with ur application if they will say to u u can apply now , u r waisting ur time here

Interesting that as a new member with only 9 posts, you've decided that the forum is a waste of time for the OP.

[noajthan]

We are so thankful to you nice guys for providing us so much assistance; Please let me know
...
The good character guidance does not say anything regarding the issues like this. Whenever we call home office, every time we get different answer. We are much depressed now and not finding the way out.

The guidance that the caseworkers use are comprehensive and quite detailed; depending on the category of breach of rules/regulations there are different time periods involved.
For example, for breach of immigration rules: count back from date of application (section 9.7 of linked document.

Minors under 10 years won't be included in such checks.
Other minors may be treated with greater discretion as they will not have been responsible for any such actions.

[costarica]

My advice is to ask Ho this questions by emailing to nationality enquirer and u get the real answer and same time send a copy of the email u will receive with ur application if they will say to u u can apply now , u r waisting ur time here

Interesting that as a new member with only 9 posts, you've decided that the forum is a waste of time for the OP.

If u think the number of the posts make u a better adviser , this is my 3rd user name , yes is waste of time for this case and only the Ho will guarantee them advice especially if will be in writing and they are the only one who can see what's in the applicants immigration history , and no one here can do this

[noajthan]

If u think the number of the posts make u a better adviser , this is my 3rd user name , yes is waste of time for this case and only the Ho will guarantee them advice especially if will be in writing and they are the only one who can see what's in the applicants immigration history , and no one here can do this

The only form of written advice HO is likely to provide is via the medium of a refusal letter.

Unclear how trolling members under 3 usernames counts for much.