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Complicated citizenship

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

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peace9765
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Posts: 1
Joined: Tue Feb 23, 2021 10:18 am
Australia

Complicated citizenship

Post by peace9765 » Tue Feb 23, 2021 10:45 am

Hi, I have an odd case and cant seem to find any information regarding my current situation and hoping anyone can offer some help.
I arrived in the UK as minor to live with my parent but ended up overstaying until i was an adult over the age of 18 when i was issued with a EEA residence card as an unmarried partner of a EU national and subsequently now have settled status through the EU Settlement scheme last year.

With naturalisation i understand that the good character test must be met and that includes not breaching immigration laws within the last 10 years. I can see from the caseworker guidance that discretion can be applied if the breach occurred at a time when the applicant was a minor whose parents
failed to obtain or renew their leave.

I am a bit confused and dont know how to interpret it as it either meaning, this is only for someone before they turn 18 or it can be applied to a person who was a minor but now is an adult as well.

So my question is can discretion be applied in my case even though i am an adult now or do i have to wait until 10 years after the issue of my EEA residence card.

Thank you

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Zerubbabel
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Posts: 2517
Joined: Fri Jul 06, 2018 7:13 am
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Re: Complicated citizenship

Post by Zerubbabel » Tue Feb 23, 2021 7:54 pm

Under 18, they will close their eyes on it.

However, they want to see that as soon as you turned 18, you started making demonstrable efforts to regularise your situation including contacting the Home Office.

Let say you turned up 18 and for 5 year you did nothing or could do nothing, then they won't apply any discretion and you would have to wait 10 years since your EEA card.

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