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 Solicitor4All Your Own Question
Solicitor4All
Solicitor4All, Solicitor
Category: Immigration Law
Satisfied Customers: 8232
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Immigration Law Question Here...
Solicitor4All is online now

My husband overstayed his student visa in 2012 and left in

Customer Question

hi my husband overstayed his student visa in 2012 and left in 2014. he then came through a spouse visa set m 5-year route in 2017 last week got his ILR 5-year route. I wanted to know when he could apply for naturulisation?
JA: What steps has he taken? Has he filed any paperwork with the UK government? What country does he live in? If different, what is his citizenship?
Customer: he has not applied for naturalization yet as were unsure.
JA: Has he talked to a lawyer about the student visa?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 8 days ago.
Category: Immigration Law
Expert:  Solicitor4All replied 8 days ago.

Good afternoon, welcome to just answer. I am a solicitor and reviewing your question now for you.

Customer: replied 8 days ago.
thank you
Expert:  Solicitor4All replied 8 days ago.

My name is ***** ***** law expert with over 15years practice. Thank you for the enquiry.

Customer: replied 8 days ago.
ok
Expert:  Solicitor4All replied 8 days ago.

Before I can provide you advice on your question, there are a few things to note: I will endeavour to respond to your enquiry very quickly, but if you do not receive my response immediately, do not worry I will not have forgotten, I would either be reviewing your question fully or it could be a technical delay on my end. Please know that I will be with you as soon as possible.

Customer: replied 8 days ago.
no problem
Expert:  Solicitor4All replied 8 days ago.

I hear what you're saying. It's totally natural that you would feel this way. Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 8 days ago.
there are other questions to ask but i think this one is the most important one
Expert:  Solicitor4All replied 8 days ago.

Got it! I believe have everything i need, I’ll be with you as soon as possible. It won’t be terribly long!

Customer: replied 8 days ago.
ok thank you
Expert:  Solicitor4All replied 8 days ago.
If you are British citizen then anytime now. if you aren’t British then after 12 months from when he got the ILR
Expert:  Solicitor4All replied 8 days ago.

Any follow up please do not hesitate to send your message, I am always glad to clarify and to assist further if needed. I am Solicitor4All and you can save me on your favourites for quick connection

Customer: replied 8 days ago.
But would his immigration history not affect his naturalisation?
Expert:  Solicitor4All replied 8 days ago.

He has been accepted for other visas with that history so it should not. He must declare it and always put in a statement showing remorse.

Customer: replied 8 days ago.
But another solicitor on this site has said wait for 10 years so I'm in 2 minds to what to do
Customer: replied 8 days ago.
how would I answer these questions please
Expert:  Solicitor4All replied 8 days ago.

I can’t comment on what another solicitor said, I don’t know why he thinks 10 years will do anything, immigration history will be there forever and they will check that. The form asks for last 10 years activity buy they have access to the whole history

Customer: replied 8 days ago.
I understand that it will be there forever but why in the good character guide it states overstaying will be a grounds for refusal
Expert:  Solicitor4All replied 8 days ago.

It would have been grounds for refusing ILR but he got it. They exercise discretion considering each application on its own merit. I can only advise from my 15 years experience but you are not bound by my guidance

Customer: replied 8 days ago.
Sorry if I sound like a pain it's just such a daunting process to go through and I appreciate your advice.
Expert:  Solicitor4All replied 8 days ago.

I totally understand.

Customer: replied 8 days ago.
For the second 2 questions should I write yes and explain in a cover letter everything please
Expert:  Solicitor4All replied 8 days ago.

Yes to second last question and explain in the additional information section. The last question day No

Customer: replied 8 days ago.
The same questions were on Ilr and I answered no would it affect the naturalisation
Customer: replied 8 days ago.
Sorry I answered no to all the 3 questions
Expert:  Solicitor4All replied 8 days ago.

That could cause you a problem because they can say in the past you hsve declared No which could be taken as deceptive, but whether you apply now or after 10 years that could be questioned. You may therefore have to say no to all and hope it’s not flagged like it didn’t for ILr.

Customer: replied 8 days ago.
For this question should we mention the student visa he was on please. I'm sure on the ILR application form we mentioned his over staying
Expert:  Solicitor4All replied 8 days ago.

This wi be all the visas he has applied for. Sorry for the delay I have gone offline for the day but just noticed the notification for your enquiry

Customer: replied 8 days ago.
Thank your for your time and support and once again sorry if I was rude in anyway.
Expert:  Solicitor4All replied 8 days ago.

You are welcome. You were not, don't worry, the process can be frustrating, so I totally understand. All the best.