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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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,I seek advice on the recently updated UKBA Good Character

Customer Question

Hi, I seek advice on the recently updated UKBA Good Character requirement, as one of the key requirements for British citizenship. In particular, section 9.7(b)

Background

I am a non-EEA married to a British national (8 years in Oct 2015), and with 2 kids who have British nationalities. I travelled to the UK in 2005, overstayed (due to misinformation and gross naivety on my part) and left voluntarily in 2007. I got married to my spouse overseas in Oct 2007 and applied Nov 2007 to return to the UK via the EEA route but the application was not successful. This was subsequently successful in 2008 after an appeal. By this time, my circumstances had changed and I contacted the UK outpost to cancel the EEA permit/application. I and spouse (and kids) lived overseas (in a non-British territory) for 5 years (uptill 2012) and returned to the UK in Sept 2012. I applied for and was granted ILR in Nov. 2012. As I will be fulfilling the minimum 3 years residential requirement sometime later this year, I wish to apply for naturalisation/citizenship but concerned that the above Good Character requirement will limit my chances of the success. Aside from my previous overstay, I have endeavoured to demonstrate good character both whilst residing overseas and within the UK.

My questions:

1. Is any discretion allowed on the part of AO/EOs (Case workers) to review cases on individual basis?

2. If 10 years proposal must apply, will it be 10 years from the time of overstaying, 10 years from the time applicant departed the UK or 10 years from when applicant was married to a Britsh spouse?

3. What are my chances of success if a go ahead to apply after meeting the qualifying residential requirement?

Your advice will be appreciated.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola