Citizenship after over staying, 5 or 10 year rule?

[Branok]

Hi,

I'm a dual citizen, German (born) and UK naturalized. My wife is Argentinian and currently on Settled status after a Lounes EFM EEA application, converted to pre-settled and finally made it to settled after 5 years. She over stayed for almost 8 years before the EFM application, she never worked illegally or did anything dodgy apart from overstaying. Now I always thought she needed to be legal for 10 years before humbly asking for citizenship but I just saw the changes from last year (28th of July 2022) to the lawful residence rules. Can an overstayer now apply over 5 years ort is it still 10 year?

[Ticktack]

Hi,

I'm a dual citizen, German (born) and UK naturalized. My wife is Argentinian and currently on Settled status after a Lounes EFM EEA application, converted to pre-settled and finally made it to settled after 5 years. She over stayed for almost 8 years before the EFM application, she never worked illegally or did anything dodgy apart from overstaying. Now I always thought she needed to be legal for 10 years before humbly asking for citizenship but I just saw the changes from last year (28th of July 2022) to the lawful residence rules. Can an overstayer now apply over 5 years ort is it still 10 year?

Overstaying! Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either: • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider For information on dealing with breaches of conditions see liability to administrative removal.

There hasn't been a case of successful application yet. We can only go by experience. Most folks don't want to risk their hard earned money.

[Branok]

Thank you,

Even if it reads like the overstay will now get ignored it feels a bit weird that they would relax the rules. As we have no hurry to apply so if it is not something that is now regularly used we have no interest in going first.

[L0ndoner44]

Thank you,

Even if it reads like the overstay will now get ignored it feels a bit weird that they would relax the rules. As we have no hurry to apply so if it is not something that is now regularly used we have no interest in going first.

I am sure I have seen some successful cases of people applying as long as only overstaying is the sole factor that calls your character into question. See attached link as an example. I don't know if it will be successful for everybody but to say there has been no decisions made using the new rules is false.

british-citizenship/naturalisation-appl ... l#p2122922

[curious_sam]

Hi,

I'm a dual citizen, German (born) and UK naturalized. My wife is Argentinian and currently on Settled status after a Lounes EFM EEA application, converted to pre-settled and finally made it to settled after 5 years. She over stayed for almost 8 years before the EFM application, she never worked illegally or did anything dodgy apart from overstaying. Now I always thought she needed to be legal for 10 years before humbly asking for citizenship but I just saw the changes from last year (28th of July 2022) to the lawful residence rules. Can an overstayer now apply over 5 years ort is it still 10 year?

Overstaying! Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either: • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider For information on dealing with breaches of conditions see liability to administrative removal.

There hasn't been a case of successful application yet. We can only go by experience. Most folks don't want to risk their hard earned money.

I have seen at least 5 cases mentioned in various facebook groups of overstay in the last 10 years and were granted British citizenship. And these 5 cases were not refugee-based applications either.

[Ticktack]

Hi,

I'm a dual citizen, German (born) and UK naturalized. My wife is Argentinian and currently on Settled status after a Lounes EFM EEA application, converted to pre-settled and finally made it to settled after 5 years. She over stayed for almost 8 years before the EFM application, she never worked illegally or did anything dodgy apart from overstaying. Now I always thought she needed to be legal for 10 years before humbly asking for citizenship but I just saw the changes from last year (28th of July 2022) to the lawful residence rules. Can an overstayer now apply over 5 years ort is it still 10 year?

Overstaying! Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either: • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied • the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider For information on dealing with breaches of conditions see liability to administrative removal.

There hasn't been a case of successful application yet. We can only go by experience. Most folks don't want to risk their hard earned money.

I have seen at least 5 cases mentioned in various facebook groups of overstay in the last 10 years and were granted British citizenship. And these 5 cases were not refugee-based applications either.

Good to know.

[Branok]

Very interesting that there are some successful cases. We had always aimed for 10 years so in no real hurry but things usually never get easier or cheaper so better to apply as son as you can. Will see if I can find a few cases to study.

Thank you

[L0ndoner44]

Very interesting that there are some successful cases. We had always aimed for 10 years so in no real hurry but things usually never get easier or cheaper so better to apply as son as you can. Will see if I can find a few cases to study.

Thank you

I just thought I'd come back and give my experience. I was an overstayer for years until 2018. I thought I'd have to wait till at least 2028 before I could apply for BC. However, due to the changes in NABA 2022 I applied in July 2023 and I was granted Citizenship in November 2023. I believe as long as overstaying is the only negative thing you have done, then you should be fine.

[AmazonianX]

Very interesting that there are some successful cases. We had always aimed for 10 years so in no real hurry but things usually never get easier or cheaper so better to apply as son as you can. Will see if I can find a few cases to study.

Thank you

I just thought I'd come back and give my experience. I was an overstayer for years until 2018. I thought I'd have to wait till at least 2028 before I could apply for BC. However, due to the changes in NABA 2022 I applied in July 2023 and I was granted Citizenship in November 2023. I believe as long as overstaying is the only negative thing you have done, then you should be fine.

Congratulations and thanks for the feedback. This will provide guide for others.

[Branok]

Very interesting that there are some successful cases. We had always aimed for 10 years so in no real hurry but things usually never get easier or cheaper so better to apply as son as you can. Will see if I can find a few cases to study.

Thank you

I just thought I'd come back and give my experience. I was an overstayer for years until 2018. I thought I'd have to wait till at least 2028 before I could apply for BC. However, due to the changes in NABA 2022 I applied in July 2023 and I was granted Citizenship in November 2023. I believe as long as overstaying is the only negative thing you have done, then you should be fine.

Congratulations! That is great news and thank you for letting us know. We might just give it a try then...

[MuhammadM86]

Very interesting that there are some successful cases. We had always aimed for 10 years so in no real hurry but things usually never get easier or cheaper so better to apply as son as you can. Will see if I can find a few cases to study.

Thank you

I just thought I'd come back and give my experience. I was an overstayer for years until 2018. I thought I'd have to wait till at least 2028 before I could apply for BC. However, due to the changes in NABA 2022 I applied in July 2023 and I was granted Citizenship in November 2023. I believe as long as overstaying is the only negative thing you have done, then you should be fine.

Congratulations! That is great news and thank you for letting us know. We might just give it a try then...

The only thing to lose is the fee, if you need the BC, go ahead and give it a try, I had a friend of mine in very similar situation, applied earlier this year and was granted BC. All the best!