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Citizenship and previous Section 3C

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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hanisaif
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Posts: 18
Joined: Wed Feb 06, 2019 8:10 pm
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Libya

Citizenship and previous Section 3C

Post by hanisaif » Thu Dec 12, 2019 10:06 pm

Hi all,

I am currently holding an ILR, technically I could apply for UK citizenship in 9 months. Given that all other requirements are satisfied, could being covered under Section 3C at some point in the past 10 years (and more than 5 years ago) be an issue when applying for citizenship?

My ILR route was via Tier 4 and Tier 2, but there was a period where I was awaiting decision including an appeal that was later withdrawn.

Any help is much appreciated.

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aman90
Diamond Member
Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm

Re: Citizenship and previous Section 3C

Post by aman90 » Thu Dec 12, 2019 11:35 pm

You wouldn’t have gotten ur ILR via LR if you had an overstay.
Time spent on 3C is actually lawful. It extends ur visa conditions till a decision is taken.
If the decision is negative than you are an overstayer till you engage 39E by putting in an appeal, AR or a fresh application which must be approved in order to disregard the overstay.

xavieryves
Member
Posts: 103
Joined: Sun Jul 08, 2018 4:28 pm
Zimbabwe

Re: Citizenship and previous Section 3C

Post by xavieryves » Fri Dec 13, 2019 6:38 am

hanisaif wrote:
Thu Dec 12, 2019 10:06 pm
Hi all,

I am currently holding an ILR, technically I could apply for UK citizenship in 9 months. Given that all other requirements are satisfied, could being covered under Section 3C at some point in the past 10 years (and more than 5 years ago) be an issue when applying for citizenship?

My ILR route was via Tier 4 and Tier 2, but there was a period where I was awaiting decision including an appeal that was later withdrawn.

Any help is much appreciated.
You were covered by Section 3C until you withdrew it, i.e. your overstay reverted back to the entire duration from the end of your previous valid visa until you were issued with another visa. Although this did not affect your ILR under Immigration rules, you may still be refused British Citizenship under Nationality law because of that overstay as it was less than 10 years ago. Discretion may be applied as per Good Character document under Overstaying. My advice to you is to apply for a SAR (Subject Access Request) since you have plenty of time to go before your potential BC application date and see what they have on your record.

See Withdrawal of appeals:
https://assets.publishing.service.gov.u ... 9.0ext.pdf

Page 8 of Guide AN booklet:
Just because you were given indefinite leave to remain does not mean that we will
automatically disregard the time you were in breach of immigration laws during the
residential qualifying period. Any immigration offences will also be considered as
part of the good character requirement. This includes immigration breaches in the
10year period before you apply for naturalisation – see the section on good
character.


See Overstaying on page 47:
https://assets.publishing.service.gov.u ... dance.pdf

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