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Overstayer - British Citizenship application

Posted: Thu Apr 25, 2019 8:53 pm
by grreg
I have been readying the latest version of the 'Nationality: Good Character Requirement' document published in Jan-2019.

Here is my immigration history:
04-Jun-2009 entered UK on Tier 1 General visa
24-Apr-2012 Submitted an in-time extension application for the Tier 1 General visa
29-Apr-2012 Tier 1 General visa expired
21-May-2012 Withdrew Tier 1 application
01-Jun-2012 Tier 1 Entrepreneur Visa application submitted (in country)
13-Jun-2012 Tier 1 Entrepreneur Visa granted

As you can see the period in 2012 without a valid visa was less than 28 days, so I previously believed it would be disregarded.

Will need to wait until Jun-2022 before I can submit a citizenship application?
There would be no other factors adverse factors except 3 PCN's in the entire period of being here.

I'd be grateful for anyone thoughts
Greg

Re: Overstayer - British Citizenship application

Posted: Thu Apr 25, 2019 9:09 pm
by grreg
Also - I have a son born abroad in 2013.
He has no history of overstaying in the UK.
Will he be able to apply for BC as soon as I am granted ILR?

Thanks again.

Re: Overstayer - British Citizenship application

Posted: Thu Apr 25, 2019 10:16 pm
by CR001
grreg wrote:
Thu Apr 25, 2019 9:09 pm
Also - I have a son born abroad in 2013.
He has no history of overstaying in the UK.
Will he be able to apply for BC as soon as I am granted ILR?

Thanks again.
He needs ILR and can apply when either parent is applying or is British already and the other parent holds ILR.

Re: Overstayer - British Citizenship application

Posted: Fri Apr 26, 2019 11:46 am
by grreg
Thanks CR001 but I am not 100% clear on my sons situation.
Are you saying that he can not apply for BC until one of the parents applies for (or is granted BC).
Basically he can't receive BC before his parents do? I wasn't sure if he could leap ahead of us.

Also if you could comment on my first post that would be great.

Thanks

Re: Overstayer - British Citizenship application

Posted: Fri Apr 26, 2019 11:50 am
by CR001
grreg wrote:
Fri Apr 26, 2019 11:46 am
Thanks CR001 but I am not 100% clear on my sons situation.
Are you saying that he can not apply for BC until one of the parents applies for (or is granted BC).
Basically he can't receive BC before his parents do? I wasn't sure if he could leap ahead of us.

Also if you could comment on my first post that would be great.

Thanks
Correct. A child born abroad requires ILR and can only apply for citizenship when either parent is also apply or is already British AND the other parent holds ILR. A child born abroad has no entitlement to register as British. It is an application at discretion.

Re: Overstayer - British Citizenship application

Posted: Fri Apr 26, 2019 11:54 am
by grreg
Thanks CR001 that is clear now.
So will it be 2022 before we can all apply for ILR based on the immigration history above?
Thanks, Greg