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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a Serbian who hold ILR in UK. I came to this country

Customer Question

I am a Serbian who hold ILR in UK.
I came to this country in 1999 , i claimed asylum pretending to be from war zone Kosovo
My asylum was refused and i lived illegally for almost 10 years.
In 2009 i got engage to a British citizen then we decided to get married, the law at that time did not permit illegal immigrants to get married in UK.
So i decided to go back home and apply from there for spouse visa
At the airport departure i withdraw my asylum application as Kosovan and admitted of been from Serbia.
I got the 2 year visa, came back to UK and then after 2 years i got the ILR.
Now i am about to apply for naturalization.

The first question is: on section 2.1 on AN guideline it says: "Enter the day you first arrived with a view to staying in the UK on a long-term basis, and the airport or seaport through which you then entered".
Do i have to put here the date i first came illegally to this country? or shall i write the date i came with spouse visa?

The second question is: section 3.17 of AN guideline says: "You must tell us if you have practised deception in your dealings with the Home Office or
other Government Departments (e.g. by providing false information or fraudulent
documents). This will be taken in to account in considering whether you meet the good
character requirement. If your application is refused , and there is clear evidence of the
deception, any future application made within 10 years is unlikely to be successful",

So, do I have to mention my application for asylum 14 years ago as a Kosovan wich was based on deception?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

In response to your queries:

1) state the date you first entered the UK with your spouse visa;

2) yes, you need to mention the fact that you claimed asylum, you have already admitted to them that you were not from Kosovo and were from Serbia. I would strongly advise you to be honest in the application for naturalisation. There is a 50:50 chance that you may be successful if there is no clear evidence that you used deception.

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