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Overstaying and BC

Posted: Wed Mar 27, 2019 2:22 pm
by thisisnotme
Hi,

My visa was refused in 2008 and I left the country 26 days after I got the decision letter.

I then returned to the UK in 2009 and now I have ILR.

My question is:
Am I an overstayer?
Will this affect my BC application?

Thank you

LT

Re: Overstaying and BC

Posted: Wed Mar 27, 2019 9:54 pm
by thisisnotme
Any thoughts on this please?

Re: Overstaying and BC

Posted: Thu Mar 28, 2019 9:46 am
by Konsog
I'm by no means an expert on this, so hopefully others can also comment. But my understanding is that you must be clear of any immigration breaches for the 10 years immediately preceding the application for BC.

Did you come into the country illegally in 2009? Or did you already have a visa upon arrival? If you were illegal in 2009, then I think you'd need to wait until 10 years have passed. If not, then you should be okay to apply, though you should probably disclose the immigration breaches (as they're likely on file already).

Re: Overstaying and BC

Posted: Thu Mar 28, 2019 10:11 am
by thisisnotme
Hi,

Thanks for the input.

No I came with a student visa, then stay on for HSMP visa then the company applied a work permit for me but it got rejected subsequently my leave to remain was rejected so I left the country within 26 days. Then, after a couple years later, I came back to UK. I include this information every time I apply for any visas.

You think I should wait or I will be ok? Note that all of this was 10 years ago.

Re: Overstaying and BC

Posted: Thu Mar 28, 2019 5:42 pm
by zimba
You may be ok but again this is up to the HO