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Hello,

I would be very grateful if someone could look into my situation and advise on the next step.

-I came to the UK in 2010 on Tier 4 student visa
-I overstayed for a few months in order to stay with my boyfriend (now it sounds very stupid but here I am)
-We got married eventually, I applied for a spouse visa and returned to the UK in 2012
-I submitted ILR application in time in 2014 and was granted ILR in 2015

As overstaying on a student visa within 10 year period, I started having doubts if I'm eligible to apply for naturalisation. Apart from that I meet the requirements.
Could someone clarify this to me please? Are there any exceptions or should I wait until it's 10 years from the day I returned on a spouse visa?

Kind regards,
Karina

Given that you were not married to an individual exercising EU treaty rights then, none of the very limited exceptions apply. The exceptions are about whether the circumstances of your overstay were due to no fault of yours (denied extension by Home Office error for example).

You'll be eligible to apply for citizenship 10 years after your period of overstay ended, provided you meet all the requirements at that point in time.

I was already about to apply for naturalisation when I came across the 10 year period rule. I suspected it would affect me but wanted to get a confirmation. Thank you very much for the answer!

From my understanding , overstaying your student visa would affect you BC application , you can apply 10 years from when your overstay ended , in your case , from when you left the uk and ceased being an overstayer , unless you were married to an eea citizens who was exercising treaty rights and your marriage was in the United Kingdom. Best of luck.

Skibiridim wrote: ↑

Sun Jun 02, 2019 5:07 pm

From my understanding , overstaying your student visa would affect you BC application , you can apply 10 years from when your overstay ended , in your case , from when you left the uk and ceased being an overstayer , unless you were married to an eea citizens who was exercising treaty rights and your marriage was in the United Kingdom. Best of luck.

Thank you. My husband was a British citizen. We got married in the UK when I was already overstaying. Shortly after that I went back to my home country to apply for a spouse visa. Would it help the situation somehow?

Would it help the situation somehow?

No. You must qualify for citizenship and meet all the requirements on your own.

How long did you iversatu and what date did you leave the UK before returning on a spouse visa?

Did you get married in the uk after getting Jo approval?

CR001 wrote: ↑

Sun Jun 02, 2019 6:54 pm

Would it help the situation somehow?

No. You must qualify for citizenship and meet all the requirements on your own.

How long did you iversatu and what date did you leave the UK before returning on a spouse visa?

Did you get married in the uk after getting Jo approval?

Thanks. I overstayed for about 3 months and left the UK in January 2012. So I will count 10 years from this date.

I would like to hear your updated if you continue your BC application?