How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Immigration Warrior Your Own Question
Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 31
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
106663647
Type Your Immigration Law Question Here...
Immigration Warrior is online now

I arrived in the UK in 2011 on a spouse visa, in 2013 the

Customer Question

I arrived in the UK in 2011 on a spouse visa, in 2013 the marriage broke down and the home office curtailed my visa and i appealed the decision based on domestic violent at the first tier tribunal but the judge refused the appeal, went further to request to at the upper tribunal but the turned down.
in 2014 I moved in with my EEA partner made another application based on a family member 6 months later the application was refused home office claimed I have submitted an ongoing human right application which I did not. In 2015 I appealed the decision and the judge asked the Home office to provide evident such application existed, but there was evidence, the home office lawyer said, they sent letter to report at the police station to sign but, I did not receive such letter surprising the Judge refused my appeal based on the fact I got my stepdaughter Date of Birth wrong, in 2016 I reapplied for residence card and was granted. In 2019 I applied for settle status and was grated (ILR).
No criminal convictions
but a couple of 2 Fixed penalties noticed was issued in 2013 and 2015
on IVA since 2013
1 or 2 parking ticketNow my question is this, do I qualify for Naturalisation on grounds of good character?
will my application succeed?
Submitted: 11 days ago.
Category: Immigration Law
Expert:  Immigration Warrior replied 11 days ago.

Hi

Further to your question, based on the information provided your application will probably not succeed as you became an overstayer and had no leave to remain from 2013 to 2016.

Kind Regards

 

 

Customer: replied 11 days ago.
Are you saying all the appeal process I went through is still considered overstayed?
Expert:  Immigration Warrior replied 11 days ago.

Hi

Further to your question, after your first refusal, from the facts provided you may be covered by section 3 c, but once you became appeal rights exhausted you became an overstayer.

Kind Regards

Customer: replied 11 days ago.
I don't really know how it works but for certain I have never allowed more than 10 day to reapply or appeal the case
Customer: replied 11 days ago.
Do u have office in London ?
Expert:  Immigration Warrior replied 11 days ago.

Hi

Further to you questions, when you reapplied you were already an overstayer therefore do not meet the requirements of the good character requirements which unfortunately are very strict. I have seen many people over the years who have fallen foul of the rules.

I can arrange a telephone consultation with you tomorrow if you would like to speak further about the matter.

Kind Regards

Customer: replied 10 days ago.
Phone conversation is preferable