British citizenship reconsideration

hendepal · Post by **hendepal** » Sat Nov 08, 2025 5:32 pm

I arrived in the UK in 2002 as visitor with a cricket club, i didn’t return to India with the team, resulting in an overstay. I now have ILR after completing 10 years on FLR FP. I did a SAR to try find my exact date of entry but there is no record, the first record the home office have for me was 2009 after being caught by officers. From the SAR I can see that the home office have labelled me as illegal entry: entry without leave. I have tried to find any documentation but given that’s it’s 23 years on I’m finding it impossible. My passport was left with the cricket coach. I have emailed the SARU who have confirmed they only have access to entry and exit documents from 2015. Has Anyone applied for citizenship with no record on entry?

Post by **contorted_svy** » Sat Nov 08, 2025 9:07 pm

It's not a deal breaker not to have the stamp or to have forgotten the date of entry - it's a bit worse the fact you were caught overstaying. I would just explain the circumstances and that you don't remember the exact day of entry. Your circumstances came to light more than 10 years ago and you since have regularised your stay. Do you have any other factors that could raise eyebrows about your good character?

hendepal · Post by **hendepal** » Sat Nov 08, 2025 11:58 pm

Other than the immigration breaches prior to 2015, nothing, no convictions, worked full time since 2015, pay taxes etc, don’t claim benefits. I also have British wife and kids

Post by **contorted_svy** » Sun Nov 09, 2025 10:13 am

Did your breach in immigration end in 2015 or before? Having a British spouse and kids won't make a difference.

hendepal · Post by **hendepal** » Sun Nov 09, 2025 10:21 am

Refused applications were made in 2012 and 2014, was granted in March 2015. Strictly speaking end breach would been 2015 when granted legal status.

Post by **contorted_svy** » Sun Nov 09, 2025 12:36 pm

That should be OK then, as in Nov 2015 your status had been already regularised.

hendepal · Post by **hendepal** » Tue Apr 21, 2026 11:41 am

Has anyone had any experience of a reconsideration of a naturalisation where the refusal was based on illegal entry.

Applied Nov 25 and received refusal Feb 26, reason being that my claim to having arrived in 2002 has never been substantiated and I was issued with notice as illegal entrant: entry without leave in 2009.

Following a SAR request, no details recorded/found prior to 2009. Following a second request for paper files held, this SARU report has information of the visit visa from 2002 that was granted and copy of the vignette. Is this enough to challenge the refusal?

Post by **contorted_svy** » Tue Apr 21, 2026 4:35 pm

Did you have legal status in 2009?

hendepal · Post by **hendepal** » Tue Apr 21, 2026 7:24 pm

No between 2002 to 2015 overstay. Applications refused 2012, 2014 before approved 2015

Post by **secret.simon** » Wed Apr 22, 2026 2:36 pm

Your situation is an intriguing question.

During your overstay between 2002 and 2025, how did you support yourself? Did you work (by definition, it would have been illegal)? Did you access public funds for unemployment or homelessness?

To the best of my knowledge, the Home Office should only look at a 10 year horizon for immigration related offences. And you have been legal for the past ten years AND have been granted ILR. So, from a plain reading of the Good Character guidance, you should have been granted naturalisation.

BUT, the guidance also states

Overstaying

Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:

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

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
...
Illegal entry

Any person applying for citizenship from 10 February 2025, who previously entered the UK illegally will normally be refused, regardless of the time that has passed since the illegal entry took place.
...
Arriving without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey

A person who applies for citizenship from 10 February 2025 who has previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey will normally be refused citizenship.

A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle or other conveyance. It does not include, for example, arrival as a passenger with a commercial airline.

I suspect that you were refused on the basis of the last section in the quote above.

If they have now found that you didn't enter the UK illegally, but overstayed after a legal entry, that may move your case from Illegal entry to Overstaying.

Keep in mind that you don't meet either of the two conditions in that paragraph either. So, even if you apply for reconsideration, you could still be refused. But you can give it a go.

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