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Naturalisation application Advise/confusion

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

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feelrex112
Newly Registered
Posts: 1
Joined: Sat Aug 22, 2020 3:22 pm
Cape Verde

Naturalisation application Advise/confusion

Post by feelrex112 » Sat Aug 22, 2020 4:09 pm

I need a bit of advice on whether or not to apply for Naturalisation or to wait

Immigration History

Came to UK from (Country A) in 2006on a Student visa, Univerisity 4 years. My student visa expired in 2010.

My university at the time failed to help me apply for a visa/extension, to cut the long story short, I ended up overstaying due to no fault of my own, I got a verbal apology from the head of the undergraduate studies but that's as far as it went

I tried to regularise my immigration status, I got a lawyer, after my university at the time refused to acknowledge there wrong doing. I submitted an application to the home office remain in the UK 2011, It got rejected. I left the UK back to my Home country (Country B) in 2012 voluntary after i got the home office reply rejecting my application to stay

In 2013 I got married to my Finacee, a British citizen in Country B, I applied for a spouse visa in country B it got rejected and later got overturned the same year. i was away for a year and a couple of months in Country B

I returned to the UK in 2014 2.5 years visa, then again, I got another 2.5 years visa without any issues.
In 2019 I applied for my ILR, it was granted to me without any issues, wrote my life in the k test, no issues

My main concern/ worry is the application form for Naturalisation which states, in the last 10 years have you had any immigration issues/overstay, I can't remember it word for word. At the moment in the last 10 years, I have overstayed. My lawyer explained to the home office, they were not having it, asked me to leave, I complied and left to country B

I returned to the UK( country A) after a year and a couple of months in Country B on a spouse visa.
If I apply now will my application be granted or will the Home office reject my application based on the fact I overstayed when I was a student which is of no fault of mine, or will they follow there process and grant me naturalisation based on the fact i am eligible for it under the 5 years spouse visa process or should i wait till 2022 where i can tick 'No' to not having any immigration issues in the last ten years.
I left the UK in 2012, in 2022 will me it 10 years clean slate.

At the end of the day my wife wants me to get my British passport so make travelling a lot easier for me, but i don't want a situation where my application will get rejected then i will lose out on the application fee or worse case i might be asked to apply for naturalisation in 5 years time ( maybe i am overthinking this)

I do not have any criminal record nor have i committed any offence, i work full time as well.

Your advice is welcomed, i might be overthinking this last and final application, kindly let me know what you think, please
Regards
R

AmazonianX
Respected Guru
Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Naturalisation application Advise/confusion

Post by AmazonianX » Sat Aug 22, 2020 4:20 pm

feelrex112 wrote:
Sat Aug 22, 2020 4:09 pm
I need a bit of advice on whether or not to apply for Naturalisation or to wait

Immigration History

Came to UK from (Country A) in 2006on a Student visa, Univerisity 4 years. My student visa expired in 2010.

My university at the time failed to help me apply for a visa/extension, to cut the long story short, I ended up overstaying due to no fault of my own, I got a verbal apology from the head of the undergraduate studies but that's as far as it went

I tried to regularise my immigration status, I got a lawyer, after my university at the time refused to acknowledge there wrong doing. I submitted an application to the home office remain in the UK 2011, It got rejected. I left the UK back to my Home country (Country B) in 2012 voluntary after i got the home office reply rejecting my application to stay

In 2013 I got married to my Finacee, a British citizen in Country B, I applied for a spouse visa in country B it got rejected and later got overturned the same year. i was away for a year and a couple of months in Country B

I returned to the UK in 2014 2.5 years visa, then again, I got another 2.5 years visa without any issues.
In 2019 I applied for my ILR, it was granted to me without any issues, wrote my life in the k test, no issues

My main concern/ worry is the application form for Naturalisation which states, in the last 10 years have you had any immigration issues/overstay, I can't remember it word for word. At the moment in the last 10 years, I have overstayed. My lawyer explained to the home office, they were not having it, asked me to leave, I complied and left to country B

I returned to the UK( country A) after a year and a couple of months in Country B on a spouse visa.
If I apply now will my application be granted or will the Home office reject my application based on the fact I overstayed when I was a student which is of no fault of mine, or will they follow there process and grant me naturalisation based on the fact i am eligible for it under the 5 years spouse visa process or should i wait till 2022 where i can tick 'No' to not having any immigration issues in the last ten years.
I left the UK in 2012, in 2022 will me it 10 years clean slate.

At the end of the day my wife wants me to get my British passport so make travelling a lot easier for me, but i don't want a situation where my application will get rejected then i will lose out on the application fee or worse case i might be asked to apply for naturalisation in 5 years time ( maybe i am overthinking this)

I do not have any criminal record nor have i committed any offence, i work full time as well.

Your advice is welcomed, i might be overthinking this last and final application, kindly let me know what you think, please
Regards
R
The HO/UKVI is chained by their own rules and where possible follows it to the letter. First excise the notion that over stay was no fault of yours. Safer to wait till the time when you will be able to tick NO to the question asking about any immigration issues in the last 10yrs.

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