British Citizenship and previous visa refusal

[Myky]

Hello All,

I hope you all doing well. A question?
I am originally from Ukraine, entered UK first time in 2009 (legally). Lately married to an EEA national and received a visa for 5 years. Time, between 2009 and 2010 was legally. Unfortunately, the relationship didn't last for long we got divorce in Dec 2012. I then had to apply for the new visa (independent one), got refused and asked to leave a country in 10 days with the right to appeal. An appeal was submitted and the first tier tribunal dismissed my appeal/application. Another appeal against the first tier tribunal desition was submitted to the upper tier tribunal. Luckily as it was around 3 years (l received a permanent residence card in 2015) the desition of the upper tier tribunal was positive. Wow! Long time but l finally received it My question is around good character. I know while your application is under consideration (doesn't matter first or upper tier tribunal) you have the same legal right as before you submitted to the HO. Did l break good character rule? Has anyone had a similar case?

Thanks,
Myky

[noajthan]

Hello All,

I hope you all doing well. A question?
I am originally from Ukraine, entered UK first time in 2009 (legally). Lately married to an EEA national and received a visa for 5 years. Time, between 2009 and 2010 was legally. Unfortunately, the relationship didn't last for long we got divorce in Dec 2012. I then had to apply for the new visa (independent one), got refused and asked to leave a country in 10 days with the right to appeal. An appeal was submitted and the first tier tribunal dismissed my appeal/application. Another appeal against the first tier tribunal desition was submitted to the upper tier tribunal. Luckily as it was around 3 years (l received a permanent residence card in 2015) the desition of the upper tier tribunal was positive. Wow! Long time but l finally received it My question is around good character. I know while your application is under consideration (doesn't matter first or upper tier tribunal) you have the same legal right as before you submitted to the HO. Did l break good character rule? Has anyone had a similar case?

Thanks,
Myky

By 'visa' do you really mean Resident Card?
There are no 'visas' on EU migration route so those on EU migration trajectory don't have 'leave to remain' on that route and so continuation of leave rules (during proceedings etc) don't apply.

Anyway you can dig into good character requirements here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

[Myky]

Hiya,

Correct! I had a "Residence Card" but after appeal received a "Permanent Residence".

Cheers,
Myky

[Myky]

Hi All,

Just wanted to ask your advice.
Back in 2006 had a working visa for 6 months. The expiration date was 09/2006. After left UK on time. Came back on 01/2009 on a visitor visa (had it for 6 months), the short story received EEA2 Resident Documentation on 02/2010. During the time between 05/2009 - 02/2010 was working as a self-employed based on COA. Applied for BC on 11/2016. Question. Will HO check my employment and self-employment history for the last 10 or 7 years (since I came to UK in 2009). Note that the period in 2006 is out of 10 years timeframe.

Thx,
Myky

[Myky]

Hiya,

Another quick question to the people who may know the answer. Will HO check HMRC tax records for all years (been in UK from 2009) or just for the last year? I am currently employed from the Sep 2015, had no problems with tax when was self-employed. For all years did report to the HMRC my income.

Cheers All,

Myky

[noajthan]

No need for multiple posts.
Posts merged.

[noajthan]

Hiya,

Another quick question to the people who may know the answer. Will HO check HMRC tax records for all years (been in UK from 2009) or just for the last year? I am currently employed from the Sep 2015, had no problems with tax when was self-employed. For all years did report to the HMRC my income.

Cheers All,

Myky

Not just 'last year', after all how much would 1/10 years reveal.
Up to 10 years history is checked - across multiple data sources and multiple departments/agencies - not just HMRC.

its all about meeting good character requirement.

[Myky]

Hiya,

Another quick question to the people who may know the answer. Will HO check HMRC tax records for all years (been in UK from 2009) or just for the last year? I am currently employed from the Sep 2015, had no problems with tax when was self-employed. For all years did report to the HMRC my income.

Cheers All,

Myky

Not just 'last year', after all how much would 1/10 years reveal.
Up to 10 years history is checked - across multiple data sources and multiple departments/agencies - not just HMRC.

its all about meeting good character requirement.

Hi,

Thanks for your reply. So in my case they will check from 2009 - 2016? Is that correct ?

[noajthan]

Thanks for your reply. So in my case they will check from 2009 - 2016? Is that correct ?

Looks like it, if your 2006 gig has timed out.

[Myky]

Thanks for your reply. So in my case they will check from 2009 - 2016? Is that correct ?

Looks like it, if your 2006 gig has timed out.

Hi,

Yeah left UK in September 2006, applied for naturalisation in November 2016.

Thanks All,
Myky

[Myky]

Hi All,

Is it possible to withdraw the application if you realised that complete not "truthfully" when didnt want to do that? Just did a silly mistake.

Thx,
Myky

[CR001]

What was the 'silly mistake'?

[Myky]

What was the 'silly mistake'?

Hi,

Not really silly. Be honest came as "visitor" in 01/2009 and was working when should not be (same time was paying taxes) and didn't declare this time. Was very short time (just 3 months) after got married in 04/2009 and received COA with the right to work. But in application stated my first job started on 05/2009 when really in 01/2009. Reading this forum I would rather lose my "fee" and resubmit it 2020. Don't want a situation when HO will find out and put me 10 years ban. Also, it is stressful. Do you think it is still possible to avoid a ban by withdrawing the application and resubmitting later ( after 10 years gap)?

Thx,
Myky

[Myky]

What was the 'silly mistake'?

Just to add was working as a self-employed and use my UTR and NIN.

[CR001]

Has the fee been taken from your account yet?

[Myky]

Has the fee been taken from your account yet?

Yes, gone off on 18/11/2016

[Raff113]

Excuse my ignorance but would writing to HO and explaining the situation (giving all the details etc) not sort it? If otherwise your application is fairly straightforward maybe they would be willing to let it go?

[Myky]

Excuse my ignorance but would writing to HO and explaining the situation (giving all the details etc) not sort it? If otherwise your application is fairly straightforward maybe they would be willing to let it go?

Thanks Raff. Don't know what to do but theoretically "i am not fitting a good character" hence afraid to get ban for the longer period. Cheers all

[CR001]

Excuse my ignorance but would writing to HO and explaining the situation (giving all the details etc) not sort it? If otherwise your application is fairly straightforward maybe they would be willing to let it go?

Working in the UK while on a visitor visa is NOT permitted, it is completely against the rules to do this.

[CR001]

Excuse my ignorance but would writing to HO and explaining the situation (giving all the details etc) not sort it? If otherwise your application is fairly straightforward maybe they would be willing to let it go?

Thanks Raff. Don't know what to do but theoretically "i am not fitting a good character" hence afraid to get ban for the longer period. Cheers all

The ban won't be 10 years from date of decision. It will likely be 10 years from 04/2009.

[Myky]

Excuse my ignorance but would writing to HO and explaining the situation (giving all the details etc) not sort it? If otherwise your application is fairly straightforward maybe they would be willing to let it go?

Thanks Raff. Don't know what to do but theoretically "i am not fitting a good character" hence afraid to get ban for the longer period. Cheers all

The ban won't be 10 years from date of decision. It will likely be 10 years from 04/2009.

Hi CR001,

Thanks. Very kind from all of you. Hmm l thought ban is going do be from the date of refusal (if any) as l tried to "hide" some facts from my history. Or am l missing something?

If i decided to withdraw is it the right link to go:?

https://www.gov.uk/cancel-visa

thx,
Myky

[CR001]

Hiding material facts though is deception.

Correct link, but seems you might lose the fee.

[Myky]

Hiding material facts though is deception.

Correct link, but seems you might lose the fee.

Hiya,

l think for me at this stage better to lose the fee rather than got ban for 10 years and be able to apply for the passport when l am 40 cause was "silly".