Overstay

[Mukhiyas1]

Hi there,

I want to apply for British Citizenship, and I am bit confused regarding the good character, in particular immigration offences. Back in 2013 my application for tier 4 was refused and appealed against it up to upper tribunal. My leave was extended by 3C up to the hearing on 14th of August 2013 but as my course had ended in June the same year I was sending emails and giving home office calls to return my passport since July 2013 before my upper tribunal hearing so I can return home but I got no answer at all from Home office so I had to go to my embassy and get an emergency document to get out of the country. I left the UK on 3rd of September 2013.

I have settled status now and would like to apply for BC so I requested my immigration record from the home office held for me. In that it shows I had overstayed. It’s less than 28 days after my 3C ended I guess but also it’s not my fault that I was not handed my passport back or any communication regarding that before 3C ended. I can see they have received my email with time stamp and also showing that I have requested my documents to go back home.

If you could advise me if it is possible for me to apply for British citizenship or not?

Many Thanks,

[London22]

Hello
It is likely that your application will be approved.Just overstaying can be disregarded if properly explained.Some people have overstayed but never worked during that &got approved.

[Djsuccess]

Hi there,

I want to apply for British Citizenship, and I am bit confused regarding the good character, in particular immigration offences. Back in 2013 my application for tier 4 was refused and appealed against it up to upper tribunal. My leave was extended by 3C up to the hearing on 14th of August 2013 but as my course had ended in June the same year I was sending emails and giving home office calls to return my passport since July 2013 before my upper tribunal hearing so I can return home but I got no answer at all from Home office so I had to go to my embassy and get an emergency document to get out of the country. I left the UK on 3rd of September 2013.

I have settled status now and would like to apply for BC so I requested my immigration record from the home office held for me. In that it shows I had overstayed. It’s less than 28 days after my 3C ended I guess but also it’s not my fault that I was not handed my passport back or any communication regarding that before 3C ended. I can see they have received my email with time stamp and also showing that I have requested my documents to go back home.

If you could advise me if it is possible for me to apply for British citizenship or not?

Many Thanks,

If they have it in your file that you overstayed but it was not your fault because they didn't release your travel document to you, it is possible that you have a chance. If the HO believes that you were in control and could have avoided overstaying, then I guess the overstay will remain. You will need to provide all the evidence (convincing I must say) to show that it was the fault of the HO. Having said that, I think it is up to you if you want to take the risk, as I don't think anyone can as a matter of certainty tell you what the outcome will be.