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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 341
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I came into UK second time in July 2011 with

Resolved Question:

Hello i came into UK for the second time in July 2011 with a 2 years visa but ofcourse can't use more than 6 months at a time. I overstayed for another 6 months in other words I left uk in June 2012.with my wife ,girlfriend at the time for Africa. Nigeria to be specific.we got married in the same month of June and we applied for a spouse visa afterwards which was refused on the grounds of overstaying.we put in for an expedited appeal at the time which was granted in 2013 January due to our circumstances and eventually got the visa (spouse) in March. Came back to the UK on the 22nd of March 2013 to join my wife and son.come may 2015 I applied for ilr and it was granted now we are thinking of putting in citizenship application as regards ***** ***** years rule if your spouse is british.now my question is this,can I be refused based on overstaying my visiting visa in 2011?even though it was eventually granted through the court and ilr was also granted.secondly is it a good idea writing a cover letter explaining how everything happened at the time?thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry. You were granted indefinite leave to remain granted in 2015. For spousal cases you will need to meet the 3 years residential requirement and periods where there is a breach of the immigration rules will not count. You will be required to meet the good character requirement, the English language requirement and the life in the UK requirement. In terms of the the good character requirement, it is loosely defined. The Home Office would normally refuse an application within a 10 year period preceding an application where an applicant has not complied with the immigration requirements and any conditions set by UK immigration law. Examples given in the guideline are usually not exhaustive. It is always best to explain your circumstances in a covering letter. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 341
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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