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British Citizenship - Overstay??

Posted: Sat Apr 27, 2019 2:15 pm
by da09aam
Hi all, I wonder if I can get some help regrading the following - Did I overstay at any point which might affect my application for neutralisation in August?

I came to the UK on a student visa 09/2007 valid until 01/09/2010. New application for extension sent on time and raised by HO on 01/09/2010 - I didn't by then have all the supporting documents from university (CAS/Acceptance letter) to enclose with the application but had to send it off so I do not stay without a valid visa.
During the time when the application was processing with the HO, I asked around (including the HO, verbally on the phone) and I was told that generally such an application will be refused without a CAS letter enclosed and that my best option is to go back home and renew my visa through and application from there. As soon as I learnt about that, I called the HO on a few occasions and requested for my documents and passport to be sent to me asap so I can leave the UK (without breaking the law) and reapply from overseas for another student visa - I was also advised by HO to do that so I don't risk breaking the law which could result in future application denial of entry of up to 10 years.
So, a few days later on 15/09/2010, I received a letter through the post with the application being INVALID, dated 10/09/2010 and then I left the UK on 17/09/2010 (2 days within the receipt of my paperwork from HO). Reading the HO letter enclosed with the invalid application NOW, I see that I had the option of resubmitting a fresh (accurate) application within 21 days but back then I didn't realise. DO I COUNT AS AN OVERSTAYER even though I left as per then HO "legal timeline for exiting the UK"?

I went overseas, reapplied once I received my CAS from uni and came back to the UK on student visa valid 31/12/2010 - 31/07/2013. In May 2013 it was apparent that a major conflict started back home so I applied for asylum and was granted in the same month (before expiry of student visa).
I received my ILR in August last year and I question if I will face any issues when applying for neutralisation in August this year?

NOTE - I requested SAR and their record states that "Applicant withdrew application and would like passport and documents sent back asap". I am not sure what happened first, their decision that my application is invalid or my request for return of my documents.

I assume that the HO wouldn't have a record of my calls back then with them and me telling them that I want to leave so I don't break the law.

Did I overstay?

I appreciate your help.
Thanks

Re: British Citizenship - Overstay??

Posted: Sat Apr 27, 2019 5:04 pm
by vinny
Although you did overstay, you should be okay.

See also Good Character > Overstaying.

Re: British Citizenship - Overstay??

Posted: Sat Apr 27, 2019 6:36 pm
by da09aam
Thanks Vinny.
Can you please elaborate what you mean? I went through the links and couldn’t find a specific answer.

Re: British Citizenship - Overstay??

Posted: Wed May 01, 2019 6:37 pm
by da09aam
Hi all,
Would anyone be able to help further/ have an idea regarding my query?
Thanks

Re: British Citizenship - Overstay??

Posted: Thu May 02, 2019 1:42 am
by vinny
Overstaying
Where a person overstayed at some point in the 10 years prior to an application for citizenship, discretion to overlook this breach will normally only be considered if it is the sole adverse factor weighing against the person’s good character; and
• the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or
• the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or
• the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.
You left the UK before you had overstayed for more than 28 days.

Re: British Citizenship - Overstay??

Posted: Fri May 03, 2019 11:59 am
by da09aam
Thanks Vinny.

Would it matter that the renewal application I sent to the home office before I left the U.K. was returned to me as Invalid (not refused) and that I didn’t get back to them with another application within 21 days (instead I left the U.K.)?
Also would the home office know that I actually left the U.K. 17 days from the expiry of my valid visa (2 days from receiving response from them), or I would need to send them a proof e.g. stamp in passport entering another country or plane ticket?

Apart from that, the worst issue I had was a parking ticket which I paid straightaway and a council tax court summon which I paid before court. I believe these don’t count as offences!
Thank you

Re: British Citizenship - Overstay??

Posted: Tue Aug 06, 2019 10:11 pm
by mykl85
Did you apply for the British Citizenship already?