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Immigration history

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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crocrochoco
Newly Registered
Posts: 2
Joined: Wed Aug 30, 2017 9:07 am
Croatia

Immigration history

Post by crocrochoco » Wed Aug 30, 2017 9:12 am

Hi applied for Purple Certificate via my employer with certificate of sponsorship issued as intra company transfer.

As I am waiting for the certificate I am starting to worry that my previous immigration history might adversely affect my application.

I came to UK in late 90s as a asylum seeker from Croatia. My case was dismissed but I overstayed. I was barely 20 and didn't know any better. I stayed like this for 10 years then left on my own accord and at my own expense in 2009.

About a year after leaving UK I tried to visit UK and was refused entry.

Since Croatia joined EU I have been in and out without problems to visit family but mainly on business.

I didn't disclose any of this in my CR3 as my company was applying and I did not feel comfortable sharing my past with them plus the CR3 form actually never asks for immigration history. I consulted an immigration lawyer who also said this should not be a problem but I still worry a lot.

What do you think?

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: Immigration history

Post by secret.simon » Wed Aug 30, 2017 10:24 am

An illegal immigration history cannot be held against you under EU law, so you should not have issues with regards to acquiring PR eventually.

But it can be held against you under UK law. So, it may cause issues when you are applying for naturalisation.

You will be refused naturalisation until 2019, the tenth anniversary of when your illegal immigration in the UK came to an end.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

crocrochoco
Newly Registered
Posts: 2
Joined: Wed Aug 30, 2017 9:07 am
Croatia

Re: Immigration history

Post by crocrochoco » Wed Aug 30, 2017 3:06 pm

An illegal immigration history cannot be held against you under EU law, so you should not have issues with regards to acquiring PR eventually.
Thank you Simon. I read the legislation and guidance documents from Home Office and pretty much came to same conclusion as I could not find any reference to refusal based on anything other than the insufficient documentation but was worried that they apply the same 'good character' criteria as for the naturalisation process.

gab3x
Newly Registered
Posts: 22
Joined: Wed Jul 19, 2017 1:30 pm

Re: Immigration history

Post by gab3x » Fri Sep 01, 2017 1:39 pm

I am waiting for my purple certificate just over two months now. No one can tell you how long this takes (legally up to 6 months) and there really is not that many Croatian people posting here their experience so we don't have stats either to compare.

When did you apply? Did you receive acknowledgement of application from H.O.?

Hvala

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