British Citizenship / Overstay

Hello,

I need some help regarding citizenship application as a Refugee. I was given Asylum in 2014 and got ILR in November 2019 but before seeking Asylum I was overstayed before 2014.
If I apply for a citizenship will my application be refused based on good Character?? I have suffered depression and mental health issues in the past too so just wondering if I can request for a discretion?
Anyone with constructive knowledge please help.
It will be much appreciated.
Thanks.

Approach the question a caseworker would.

How soon after arriving in the UK did you report yourself to the authorities and request asylum? Also, what is your UK Immigration history before getting asylum? How long did you overstay? Did you meet any reporting requirements?
Why can you not wait till 2024 before acquiring British citizenship? What is the urgency for you to get British citizenship now than in 2024?
Do you have a history of mental health and anxiety diagnosis with records from the NHS (doctor and consultant appointments, etc)? How far back do they go?

secret.simon wrote: ↑

Sun Dec 27, 2020 12:46 am

Approach the question a caseworker would.

How soon after arriving in the UK did you report yourself to the authorities and request asylum? Also, what is your UK Immigration history before getting asylum? How long did you overstay? Did you meet any reporting requirements?
Why can you not wait till 2024 before acquiring British citizenship? What is the urgency for you to get British citizenship now than in 2024?

I arrived in the UK in 2004 and stayed Legally until 2011 claimed Asylum in 2014 so over staying period is 3 years. Its been a long journey and I love travelling it just annoying visiting embassies and apply for visas, cost a lot of money and time travelling to London from Yorkshire so it comes handy and I feel empty and incomplete its been 16 years and still feels like I don't have a country I can call myself a citizen of.
If you or anyone reading this can please give advice.. will be much appreciated.

SamFar wrote: ↑

Sun Dec 27, 2020 12:53 am

I arrived in the UK in 2004 and stayed Legally until 2011 claimed Asylum in 2014 so over staying period is 3 years.

Why did you wait for three years before applying for asylum?

SamFar wrote: ↑

Sun Dec 27, 2020 12:53 am

Its been a long journey and I love travelling it just annoying visiting embassies and apply for visas, cost a lot of money and time travelling to London from Yorkshire so it comes handy and I feel empty and incomplete its been 16 years and still feels like I don't have a country I can call myself a citizen of.

You will need a better reason than that. Generally the reasons that they would look towards to exercise discretion would be things like British citizenship being a necessary requirement for a specific job, etc. The inconvenience of having to apply for multiple visas is not a sufficient reason to set aside the rules.

I appreciate it that you may not like the above, but that is how a caseworker will likely react and reason. Remember that (a) rules exist for a reason and that while discretion can be exercised, you must give the caseworker a reason to exercise it and (b) caseworkers go through quite a few cases and are quite inured to emotional stories. You need to make a rational/logical argument, not an emotional one based on annoyance.

As I asked above, do you have documentary proof (doctors and NHS consultants appointments) of mental health and anxiety?

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

SamFar wrote: ↑

Sun Dec 27, 2020 1:28 am

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

London22 wrote: ↑

Sun Dec 27, 2020 3:50 pm

SamFar wrote: ↑

Sun Dec 27, 2020 1:28 am

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

I CAN PROVE that I have not been working at all

They will want to know how you supported yourself if you did not work.

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

lets be positive and hope for the best.

It is all fine being positive. But if you do not succeed in your application, you lose almost the entire fee that you will have paid (about £1200+). Keep in mind that all of us on these forums advising you don't lose a dime based on the outcome of your application, but you do.

So factor in whether you can afford to lose that amount of money.

Better to be down and realistic than living in illusions.

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

London22 wrote: ↑

Sun Dec 27, 2020 3:50 pm

SamFar wrote: ↑

Sun Dec 27, 2020 1:28 am

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

I haven't applied yet .I might or I might leave UK due its injustice immigration system. If you haven't worked during the period of overstay & can prove that by just answering the question the way it is best then ultimately according to guidance overstaying can be disregarded .As you have been here for quite long there seems a chance a discretion can be applied. In my asylum interview I have told them about working during overstaying otherwise I could have applied upto now. Just overstaying can be disregarded & in your case it should be due to long. They have updated good character requirement & started looking at POSITIVE sides of character as well otherwise they only used to look at negative sides like illegal work,overstaying or any minor or serious crimes.
Goodluck

London22 wrote: ↑

Sun Dec 27, 2020 8:15 pm

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

London22 wrote: ↑

Sun Dec 27, 2020 3:50 pm

SamFar wrote: ↑

Sun Dec 27, 2020 1:28 am

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

I haven't applied yet .I might or I might leave UK due its injustice immigration system. If you haven't worked during the period of overstay & can prove that by just answering the question the way it is best then ultimately according to guidance overstaying can be disregarded .As you have been here for quite long there seems a chance a discretion can be applied. In my asylum interview I have told them about working during overstaying otherwise I could have applied upto now. Just overstaying can be disregarded & in your case it should be due to long. They have updated good character requirement & started looking at POSITIVE sides of character as well otherwise they only used to look at negative sides like illegal work,overstaying or any minor or serious crimes.
Goodluck

Thanks London22.

I do wish you all the best in your life adventures.
Whatever outcome I receive I will update in due course but thank you for at least being positive and lifting tbe mood up. Take care stay safe.

secret.simon wrote: ↑

Sun Dec 27, 2020 6:31 pm

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

I CAN PROVE that I have not been working at all

They will want to know how you supported yourself if you did not work.

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

lets be positive and hope for the best.

It is all fine being positive. But if you do not succeed in your application, you lose almost the entire fee that you will have paid (about £1200+). Keep in mind that all of us on these forums advising you don't lose a dime based on the outcome of your application, but you do.

So factor in whether you can afford to lose that amount of money.

Better to be down and realistic than living in illusions.

You're Right Secret.Simon but I am happy to take a chance and see how it goes rather than sitting here for another 4/5 years I night aswell take a chance and see how it goes. You were asking me about my Medical records with NHS... will that make any difference??
Thanks.

SamFar wrote: ↑

Mon Dec 28, 2020 12:34 am

You were asking me about my Medical records with NHS... will that make any difference??

It may be worth asking your NHS consultant/doctor to write a supporting letter stating the impact the anxiety of not having British citizenship is having on your mental health.

The NHS consultant/doctor could refuse to give such a letter and/or the caseworker may disregard it, but it is worth an ask.

London22 wrote: ↑

Sun Dec 27, 2020 8:15 pm

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

London22 wrote: ↑

Sun Dec 27, 2020 3:50 pm

SamFar wrote: ↑

Sun Dec 27, 2020 1:28 am

Hi,

I agree with you I did want to join the Police force previously but you got to be a British citizen to apply for one so kind of lost hope to get into force.
Yes I do have NHS Medical record and counselling documents too proving my mental health and the medicine I took.

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

I haven't applied yet .I might or I might leave UK due its injustice immigration system. If you haven't worked during the period of overstay & can prove that by just answering the question the way it is best then ultimately according to guidance overstaying can be disregarded .As you have been here for quite long there seems a chance a discretion can be applied. In my asylum interview I have told them about working during overstaying otherwise I could have applied upto now. Just overstaying can be disregarded & in your case it should be due to long. They have updated good character requirement & started looking at POSITIVE sides of character as well otherwise they only used to look at negative sides like illegal work,overstaying or any minor or serious crimes.
Goodluck

Hello London22

Hope you're Well.
So finally I applied for the citizenship and aa you predicted they have sent me a questionnaire asking same 8 questions they ask everyone !!
I have never been so nervous and scared in my life so it's king of taking over my nerves.
If you see this message please respond back and I will update discuss this further.
Thank you.

secret.simon wrote: ↑

Mon Dec 28, 2020 12:48 am

SamFar wrote: ↑

Mon Dec 28, 2020 12:34 am

You were asking me about my Medical records with NHS... will that make any difference??

It may be worth asking your NHS consultant/doctor to write a supporting letter stating the impact the anxiety of not having British citizenship is having on your mental health.

The NHS consultant/doctor could refuse to give such a letter and/or the caseworker may disregard it, but it is worth an ask.

Hello Secret.Simon,

I took a chance applying for citizenship Test and was sent a Questionnaire I also added my NHS mental stress records and informed them that I took counselling too so they have not refused my application but have asked questions .. is there a hope that my application will be successful??
Look forward to hear your opinion.
Thank you.

The ways of the Home Office caseworkers are inscrutable. Times like these are best left in the hands of a Deity (if you believe in one) or spent reflecting on the virtues of patience (if you don't).

It is a common known phrase in my native Urdu language “Umeed par duniya kayam hai” which means the “world lives on hope” OR “hope keeps the world alive.”
All the best.

Thank yous to Secret.Simon and Cullinan.

Questions I were sent are as below


1.What steps did you take to regularise your stay during the period in question?

Please provide copies of any available correspondence

2.Where did you live during this period and who else lived there?
Please provide all addresses in full

3.Who was responsible for paying your accommodation costs (rent, utility bills etc)?

Please provide any available supporting evidence, eg utility bills, tenancy agreements, rent statements, mortgage statements etc

4.When and where did you work during this period?

Please provide evidence eg letters from employers, P60s/P45s, statements of account if self-employed

5.When and where did you study during this period?
Please provide evidence eg letters from colleges, certificates/qualifications

6.What benefits did you receive during this period?

Please provide evidence eg notification or award, schedules of payment

7.Did you receive funds from any other source during this period?

Please provide evidence, eg bank statements, receipts. If supported by partner/family member, original evidence of their ability to fund such support will also be required

8.Is there any other information that you wish to provide that may be relevant to your application and the assessment of your ability to meet the good character?

As I have not responded back to them yet. Is there advice or suggestions how I should take things onboard.
As I have not worked and I ordered my previous 10 years employment recorded so between the period of my overstay years it says "No employment or benefits recorded" is it enough to satisfy Caseworker that I was not working or need more evidence??
Also have few Qs to discuss but I think I should go one by one.

CULLINAN wrote: ↑

Thu Feb 04, 2021 11:52 pm

It is a common known phrase in my native Urdu language “Umeed par duniya kayam hai” which means the “world lives on hope” OR “hope keeps the world alive.”
All the best.

Indeed Cullinan.

Expect your duas ( Prayers ) and any advice you could give please go ahead. JazakAllah.

secret.simon wrote: ↑

Thu Feb 04, 2021 11:47 pm

The ways of the Home Office caseworkers are inscrutable. Times like these are best left in the hands of a Deity (if you believe in one) or spent reflecting on the virtues of patience (if you don't).

Of course I am a firm believer and hope for the best, just really nervous and scared but being patient and positive. Please see my questions and see if you can add your valuable opinion and advice to them. I really appreciate your response. Really means a lot regardless of the outcome.

As long you did not work illegally during the period of overstay, you have good chances. How did you sustain yourself?
Prayers your side, inshaAllah you will succeed.

CULLINAN wrote: ↑

Fri Feb 05, 2021 12:35 am

As long you did not work illegally during the period of overstay, you have good chances. How did you sustain yourself?
Prayers your side, inshaAllah you will succeed.

I did not work as it says in Hmrc letter " No employments or benefits reported" during the time period on question. Is that a good enough evidence?

I had a support from my previous partner and some friends.. friends are happy to give a letter confirming this as I am not in touch with my former partner so can't get her account to confirm. Hope it helps and thanks a lot for the duas.

SamFar wrote: ↑

Thu Feb 04, 2021 11:24 pm

London22 wrote: ↑

Sun Dec 27, 2020 8:15 pm

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

London22 wrote: ↑

Sun Dec 27, 2020 3:50 pm

Hello SamFar
I'm on same boat & same year I got refugee status & then ILR. As you have been here for quite a long period ,it would be too harsh & unfair to block you gaining citizenship .When you apply they will send you a questionnaire asking you 1 important think why have you overstayed & whether you were working during that period. Obviously your answer would be easy & understandable for half of the question that why you overstayed because of seeking protection. If you can simply prove that you haven't been working during that period then the caseworker is likely to apply discretion which is according to guidance. A few cases have been successful where previous overstayers haven't been working during overstaying duration.
Goodluck & keep updating.

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

I haven't applied yet .I might or I might leave UK due its injustice immigration system. If you haven't worked during the period of overstay & can prove that by just answering the question the way it is best then ultimately according to guidance overstaying can be disregarded .As you have been here for quite long there seems a chance a discretion can be applied. In my asylum interview I have told them about working during overstaying otherwise I could have applied upto now. Just overstaying can be disregarded & in your case it should be due to long. They have updated good character requirement & started looking at POSITIVE sides of character as well otherwise they only used to look at negative sides like illegal work,overstaying or any minor or serious crimes.
Goodluck

Hello London22

Hope you're Well.
So finally I applied for the citizenship and aa you predicted they have sent me a questionnaire asking same 8 questions they ask everyone !!
I have never been so nervous and scared in my life so it's king of taking over my nerves.
If you see this message please respond back and I will update discuss this further.
Thank you.

Hello Bro
Don't worry at all. They ask these questions to all previous overstayers. As you haven't worked during that period ,I think if you get a sensible & kind caseworker which is rare you would be fine .Your length of stay ,mental issues &not working during that period would help you to secure nationality. You should explain them now how you have survived during that period .There should be some help from family members or the savings you had. This is very important to cover as they would be thinking now whether you worked illegally or not in their assumptions but you should cover that period now so they don't assume that you have been working.
Their guidance clearly states if someone is an overstayer in last 10 years at anytime & that is the only adverse factor then it can be disregarded.
Also explain them what is positive character like tax you have paid & good things that you have done.
Overstaying isnt the only bloody thing that should judge someone's character.
Good luck

Please keep us updated. All the best

London22 wrote: ↑

Fri Feb 05, 2021 11:14 am

SamFar wrote: ↑

Thu Feb 04, 2021 11:24 pm

London22 wrote: ↑

Sun Dec 27, 2020 8:15 pm

SamFar wrote: ↑

Sun Dec 27, 2020 6:17 pm

Hi London22,

Did you apply for citizenship too?? I CAN PROVE that I have not been working at all they can clearly see My NI earnings with Hmrc during that period of time. Thank you though for boosting my morale a little as its been a long journey for me and I feel absolutely exhausted now plus lot of people putting me down telling that MY application won't be successful but lets be positive and hope for the best.

I haven't applied yet .I might or I might leave UK due its injustice immigration system. If you haven't worked during the period of overstay & can prove that by just answering the question the way it is best then ultimately according to guidance overstaying can be disregarded .As you have been here for quite long there seems a chance a discretion can be applied. In my asylum interview I have told them about working during overstaying otherwise I could have applied upto now. Just overstaying can be disregarded & in your case it should be due to long. They have updated good character requirement & started looking at POSITIVE sides of character as well otherwise they only used to look at negative sides like illegal work,overstaying or any minor or serious crimes.
Goodluck

Hello London22

Hope you're Well.
So finally I applied for the citizenship and aa you predicted they have sent me a questionnaire asking same 8 questions they ask everyone !!
I have never been so nervous and scared in my life so it's king of taking over my nerves.
If you see this message please respond back and I will update discuss this further.
Thank you.

Hello Bro
Don't worry at all. They ask these questions to all previous overstayers. As you haven't worked during that period ,I think if you get a sensible & kind caseworker which is rare you would be fine .Your length of stay ,mental issues &not working during that period would help you to secure nationality. You should explain them now how you have survived during that period .There should be some help from family members or the savings you had. This is very important to cover as they would be thinking now whether you worked illegally or not in their assumptions but you should cover that period now so they don't assume that you have been working.
Their guidance clearly states if someone is an overstayer in last 10 years at anytime & that is the only adverse factor then it can be disregarded.
Also explain them what is positive character like tax you have paid & good things that you have done.
Overstaying isnt the only bloody thing that should judge someone's character.
Good luck

Good to hear from you Bro,

How do I prove them that I have not worked illegally?? I ordered my my last 10 years employment records from Hmrc it says during the period in question " No employment recorded" Is that evidence sufficient? Also friends who supported me are happy to give their letters confirming they supported me during my time period. I have no other evidence to proof. I have already paid my taxes for year ending 2019/2020 tax returns and all previous taxes are paid too.
This whole experience is quite nerve racking. I will keep you posted once I receive the outcome, request prays. Thank you.

King0019 wrote: ↑

Sat Feb 06, 2021 1:13 am

Please keep us updated. All the best

Sure Sir.