ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Citizenship application with overstay query

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Citizenship application with overstay query

Post by Dokaro » Tue Oct 20, 2020 6:49 am

Hello everyone, I've been following the forum for a few months, and a few days ago I registered. I want to know the opinion of some of you. I applied for my British nationality on June 22, 2020. On October 1st I received a question form from the home office, the questions were about my overstayed. Answer the questions as honestly as possible, but on October 17 I received the rejection letter .... Would it be good to apply for a reconsideration? Thank you very much !!

User avatar
CR001
Moderator
Posts: 86994
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Citizenship application with overstay query

Post by CR001 » Tue Oct 20, 2020 6:54 am

What is your full immigration history and overstay?

How long did you overstay and how did you maintain yourself financially
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Re: Citizenship application with overstay query

Post by Dokaro » Tue Oct 20, 2020 9:37 am

CR001 wrote:
Tue Oct 20, 2020 6:54 am
What is your full immigration history and overstay?

How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1

London22
Member of Standing
Posts: 306
Joined: Thu Jan 03, 2019 9:39 pm

Re: Citizenship application with overstay query

Post by London22 » Tue Oct 20, 2020 6:46 pm

Dokaro wrote:
Tue Oct 20, 2020 9:37 am
CR001 wrote:
Tue Oct 20, 2020 6:54 am
What is your full immigration history and overstay?

How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1
If you have told them that you were not working during overstaying then it is likely you will get a positive decision if explain in detail on reconsideration.HO guidance clearly states to disregard overstaying period if that's the only worst aspect of application .We have seen positive decisions on similar cases as yours.Goodluck.

Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Re: Citizenship application with overstay query

Post by Dokaro » Thu Oct 22, 2020 2:08 am

London22 wrote:
Tue Oct 20, 2020 6:46 pm
Dokaro wrote:
Tue Oct 20, 2020 9:37 am
CR001 wrote:
Tue Oct 20, 2020 6:54 am
What is your full immigration history and overstay?

How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1
If you have told them that you were not working during overstaying then it is likely you will get a positive decision if explain in detail on reconsideration.HO guidance clearly states to disregard overstaying period if that's the only worst aspect of application .We have seen positive decisions on similar cases as yours.Goodluck.
Thank you very much

vinny
Moderator
Posts: 32801
Joined: Tue Sep 25, 2007 7:58 pm

Re: Citizenship application with overstay query

Post by vinny » Thu Oct 22, 2020 8:55 am

Dokaro wrote:
Tue Oct 20, 2020 9:37 am
being a son from a citizen of the European Union, and in June 2017
Were your EU parent(s) residing in the UK? If so, then can you give details of their Immigration histories? I’m assuming you are not an EU citizen too because you required a visitor visa? How old were you during the time you overstayed?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Citizenship application with overstay query

Post by Zerubbabel » Thu Oct 22, 2020 10:00 am

Did you include in your response any proof that your family was financially supporting you?

Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Re: Citizenship application with overstay query

Post by Dokaro » Thu Oct 22, 2020 2:33 pm

vinny wrote:
Thu Oct 22, 2020 8:55 am
Dokaro wrote:
Tue Oct 20, 2020 9:37 am
being a son from a citizen of the European Union, and in June 2017
Were your EU parent(s) residing in the UK? If so, then can you give details of their Immigration histories? I’m assuming you are not an EU citizen too because you required a visitor visa? How old were you during the time you overstayed?
my father is Colombian, he traveled to Spain 20 years ago, and in 2009 he obtained nationality. in 2011 he entered the UK to live permanently. I was 21 when I arrived and stayed .. I am Colombian and I entered with a tourist visa

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Citizenship application with overstay query

Post by Zerubbabel » Thu Oct 22, 2020 2:54 pm

So he started supporting you from 2011 in the UK. But how did you support yourself in 2010 and 2011 until he moved to the UK?

Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Re: Citizenship application with overstay query

Post by Dokaro » Thu Oct 22, 2020 3:29 pm

Zerubbabel wrote:
Thu Oct 22, 2020 2:54 pm
So he started supporting you from 2011 in the UK. But how did you support yourself in 2010 and 2011 until he moved to the UK?
He was my support all the time from 2007 to 2012. He sent me the expenses, sometimes he came and left me money, he was my only support all the time, I did not work, I did not study, I did not receive nor do I receive any public benefit until today

User avatar
CR001
Moderator
Posts: 86994
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Citizenship application with overstay query

Post by CR001 » Thu Oct 22, 2020 4:52 pm

What are the reasons stated in the letter for refusal?? The exact wording.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Dokaro
Newly Registered
Posts: 8
Joined: Mon Oct 19, 2020 2:25 pm

Re: Citizenship application with overstay query

Post by Dokaro » Thu Oct 22, 2020 5:29 pm

CR001 wrote:
Thu Oct 22, 2020 4:52 pm
What are the reasons stated in the letter for refusal?? The exact wording.
Reason for decision. One of the requirements for citizenship is that the applicant is of good character. Good character is not defined in the British nationality Act 1981 but the applicant is expected to have show due regard for the laws of this country . For the proposes of naturalisation as a British citizen, we would no normally consider someone who has been in breach of the immigration laws at any time during the 10 years immediately prior to their applicant as being of good character . This includes where someone has failed to take reasonable steps to ensure they remain compliant with immigration laws . Your application was decide on October 2020 as so the 10 years period is from October 2010 to October 2020. You where in the United Kingdom without permission and were therefore non-compliant between December 2012 when you permanent recident period began I tave taken into consideration all the information provided to us in your cover letter and questionnaire. You have advise that between the dates mentioned you were seeking legal advice to regularise your stay , however you did not make any attempt to apply for further leave for over 5 years until ur father entered the U.K. therefore you are considered to have non-compliant and In breach for U.K. immigration laws within 10 years immediately before your application for citizenship was decide abs and not meet the good character requirement . A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy . As you do not come within the published criteria, nor is there reason to excercise discretion exceptionally outside there criteria , your application is refused .

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Citizenship application with overstay query

Post by Zerubbabel » Thu Oct 22, 2020 7:32 pm

It's clear.

Wait until October 2022 and apply again.

Shaheer34
Newly Registered
Posts: 22
Joined: Thu Oct 08, 2020 8:41 pm
Mood:

Re: Citizenship application with overstay query

Post by Shaheer34 » Fri Oct 23, 2020 8:22 am

If someone overstay for 7 months then got the visa can he apply before completing 10 years

User avatar
Zerubbabel
Respected Guru
Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Citizenship application with overstay query

Post by Zerubbabel » Fri Oct 23, 2020 12:58 pm

Shaheer34 wrote:
Fri Oct 23, 2020 8:22 am
If someone overstay for 7 months then got the visa can he apply before completing 10 years
If you have an overstay history within the last 10 years, your citizenship application will carry a high risk of refusal. They always look to your immigration history and they will find such periods where you were in breach. Most often than not, they will use them for a refusal.

But the risk is yours really. You can try if you have the money.

smallpie
Member of Standing
Posts: 276
Joined: Thu Nov 25, 2010 1:43 pm
Location: london
Mood:
Contact:

Re: Citizenship application with overstay query

Post by smallpie » Fri Oct 23, 2020 1:58 pm

Shaheer34 wrote:
Fri Oct 23, 2020 8:22 am
If someone overstay for 7 months then got the visa can he apply before completing 10 years
Shar,
I got my citizenship approved 2017..application took exactly 6 months. I was seeking advice all over the place, and even online this forum, before applying (I was getting 80% response that it will get refused) because I had overstated about 10mnths btwn 2008 to 2009.
I came to UK on work visa, which expired 2008, I met my EU wife same year, but I didnt make any application that year, as Wasn't sure what to apply, how to go about it.. we weren't married at that time. But living together at that time. Going forward I got permanent residence card 2016, applied citizenship 2017, then i got the questionnaire about the time of my work visa expired. I told them wife was feeding me, paying rent, and I didn't work. (I enclosed her bank statements for those periods showing rents taken from her account, accounts showing her wages monthly and payslips, all food shopping and daily expenses from her accounts, evidence of her transferring some money to my account randomly, I enclosed evidence of the place we lived at that time tenancy agreement showing both names).

These docs and bank statements were dated almost 9 yrs ago at time.. I made sure I dug them out, printed copies online etc.
Then she wrote a covering letter to back it up. (enclosed copy of her EU passport, copies of our kids British&EU passports)

I sent them big bundles of docs recorded delivery, then about a week after that I got letter application approved, and all docs back.. Was over the moon with joy.

So it's a 50/50 chance, if u know u av docs to back it up, if they sent u the questionnaire.. Go for it.

All the best to you.
CITIZENSHIP confirmed.

London22
Member of Standing
Posts: 306
Joined: Thu Jan 03, 2019 9:39 pm

Re: Citizenship application with overstay query

Post by London22 » Sun Oct 25, 2020 10:48 am

smallpie wrote:
Fri Oct 23, 2020 1:58 pm
Shaheer34 wrote:
Fri Oct 23, 2020 8:22 am
If someone overstay for 7 months then got the visa can he apply before completing 10 years
Shar,
I got my citizenship approved 2017..application took exactly 6 months. I was seeking advice all over the place, and even online this forum, before applying (I was getting 80% response that it will get refused) because I had overstated about 10mnths btwn 2008 to 2009.
I came to UK on work visa, which expired 2008, I met my EU wife same year, but I didnt make any application that year, as Wasn't sure what to apply, how to go about it.. we weren't married at that time. But living together at that time. Going forward I got permanent residence card 2016, applied citizenship 2017, then i got the questionnaire about the time of my work visa expired. I told them wife was feeding me, paying rent, and I didn't work. (I enclosed her bank statements for those periods showing rents taken from her account, accounts showing her wages monthly and payslips, all food shopping and daily expenses from her accounts, evidence of her transferring some money to my account randomly, I enclosed evidence of the place we lived at that time tenancy agreement showing both names).

These docs and bank statements were dated almost 9 yrs ago at time.. I made sure I dug them out, printed copies online etc.
Then she wrote a covering letter to back it up. (enclosed copy of her EU passport, copies of our kids British&EU passports)

I sent them big bundles of docs recorded delivery, then about a week after that I got letter application approved, and all docs back.. Was over the moon with joy.

So it's a 50/50 chance, if u know u av docs to back it up, if they sent u the questionnaire.. Go for it.

All the best to you.

Hello
Good for you for getting citizenship even after overstaying .It shows again HO doesn't follow its own guidance or the guidance is just a misguide. Many refused for the same reason that's overstaying and some are successful. Unbelievable system.

Locked
cron