Naturalisation application - am I an overstayer?
Posted: Fri Feb 05, 2021 7:18 pm
Hi All,
I raised my question on someone else's thread on this forum. However, it may go unnoticed there and I have a slightly different case as i could not find any assistance online or on this forum.
My story in a nutshell; I arrived UK by the end of 2008 on a 6 month student visa (might be an error on HO side as i supposed to receive 4 years visa, but i thought i would get extension once in the UK) however my college got shut and further leave to remain was not granted, i appealed but it was also refused. in the meantime, i met my EEA wife and tried to get married as at that time that seemed the only possible way for us to live together but it did not work as I have already overstayed here for almost a year or so and it happened in march 2011 (I was also working in this time, obviously illegally) when home-office raid on our wedding venue at registrar office. Then the officer told me that I cannot work here and they asked me to come in an office for signing every week. I did not feel it right as i became dependent on my wife (was not married than) so i left UK in June 2021 and returned on EEA family permit in 2013, straightaway applied 5 year residence card, currently I am on permanent residence card since 2018.
I am planning to apply for naturalisation later this year just waiting for 10 years to complete from the day i left UK. lately i was reading good character requirements and as per below instruction to home office staff, the exact wordings are:
Non-compliance with immigration requirements
An application will normally be refused if, within the previous 10 years (before the
date of decision), the person has not complied with immigration requirements,
including having:
• failed to comply with (breached) conditions imposed under the Immigration
Acts, for example:
o accessed public funds when prohibited from doing so
o worked in the UK without permission to do so
o studied in the UK in contravention of any restrictions on studying
o failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of
section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
• failed to comply with the requirements of the EEA Regulations 2016
Abuse of immigration requirements may also occur if a person enters or remains in
the UK for a purpose other than that for which they were given leave to enter or
remain. For example, where a person is found to be working full time in the UK
having entered the UK as a Tier 4 student and having failed to undertake or
complete the course of study for which the leave was given.
My question is, what does (before the
date of decision)means? Do my 10 years start from the date i was known to home office as an overstayer back in march 2011, or it is june 2011 when i left the country. Or 10 years start from the date i returned in March 2013 on EEA family permit? I personally think that 10 years are from june 2011 when i left the country (i can trace back the ticket i bought myself when i left the country) but what is bothering me is that me staying out of country might be overlooked and they refuse my application, in that case should i wait and apply in march 2023?
Another thing, should i add a cover letter explaining everything provided i apply in June 2021 or i should just go with online application and wait for them to say something?
I am really really sorry for creating this long long post but it might will help many others who are in the same situation where I am right now. Please assist me.
Thank you so much for reading this post.
I raised my question on someone else's thread on this forum. However, it may go unnoticed there and I have a slightly different case as i could not find any assistance online or on this forum.
My story in a nutshell; I arrived UK by the end of 2008 on a 6 month student visa (might be an error on HO side as i supposed to receive 4 years visa, but i thought i would get extension once in the UK) however my college got shut and further leave to remain was not granted, i appealed but it was also refused. in the meantime, i met my EEA wife and tried to get married as at that time that seemed the only possible way for us to live together but it did not work as I have already overstayed here for almost a year or so and it happened in march 2011 (I was also working in this time, obviously illegally) when home-office raid on our wedding venue at registrar office. Then the officer told me that I cannot work here and they asked me to come in an office for signing every week. I did not feel it right as i became dependent on my wife (was not married than) so i left UK in June 2021 and returned on EEA family permit in 2013, straightaway applied 5 year residence card, currently I am on permanent residence card since 2018.
I am planning to apply for naturalisation later this year just waiting for 10 years to complete from the day i left UK. lately i was reading good character requirements and as per below instruction to home office staff, the exact wordings are:
Non-compliance with immigration requirements
An application will normally be refused if, within the previous 10 years (before the
date of decision), the person has not complied with immigration requirements,
including having:
• failed to comply with (breached) conditions imposed under the Immigration
Acts, for example:
o accessed public funds when prohibited from doing so
o worked in the UK without permission to do so
o studied in the UK in contravention of any restrictions on studying
o failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of
section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
• failed to comply with the requirements of the EEA Regulations 2016
Abuse of immigration requirements may also occur if a person enters or remains in
the UK for a purpose other than that for which they were given leave to enter or
remain. For example, where a person is found to be working full time in the UK
having entered the UK as a Tier 4 student and having failed to undertake or
complete the course of study for which the leave was given.
My question is, what does (before the
date of decision)means? Do my 10 years start from the date i was known to home office as an overstayer back in march 2011, or it is june 2011 when i left the country. Or 10 years start from the date i returned in March 2013 on EEA family permit? I personally think that 10 years are from june 2011 when i left the country (i can trace back the ticket i bought myself when i left the country) but what is bothering me is that me staying out of country might be overlooked and they refuse my application, in that case should i wait and apply in march 2023?
Another thing, should i add a cover letter explaining everything provided i apply in June 2021 or i should just go with online application and wait for them to say something?
I am really really sorry for creating this long long post but it might will help many others who are in the same situation where I am right now. Please assist me.
Thank you so much for reading this post.