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British Citizenship / Overstay
Posted: Thu Oct 29, 2020 8:15 pm
by Mani913
Dear All
I have just received my settled status (ILR) on the basis of durable relationship with my European partner who also holds a British citizenship.
I wanted to apply for my British citizenship straight away but I understand that home office will check last 10 years of history before approving my application.
I was overstayed for few months in 2014 as my Psw was expired and it took me few months to apply for Eea residence card.
I was wondering if it will be worth to try for citizenship on the basis that I have just few months overstayed ? If not I can wait until 2024 as that will be the time my 10 years will be legally completed without any overstay. But what if my partner moved to different country or our relationship dissolved . Will I be able to apply for citizenship or my settle status (ILR) will be revoked?
Any one with similar experience please share the outcome??
I will appreciate!
Many Thanks
Re: British Citizenship / Overstay
Posted: Thu Oct 29, 2020 8:36 pm
by London22
Mani913 wrote: ↑Thu Oct 29, 2020 8:15 pm
Dear All
I have just received my settled status (ILR) on the basis of durable relationship with my European partner who also holds a British citizenship.
I wanted to apply for my British citizenship straight away but I understand that home office will check last 10 years of history before approving my application.
I was overstayed for few months in 2014 as my Psw was expired and it took me few months to apply for Eea residence card.
I was wondering if it will be worth to try for citizenship on the basis that I have just few months overstayed ? If not I can wait until 2024 as that will be the time my 10 years will be legally completed without any overstay. But what if my partner moved to different country or our relationship dissolved . Will I be able to apply for citizenship or my settle status (ILR) will be revoked?
Any one with similar experience please share the outcome??
I will appreciate!
Many Thanks
First of all your ILR will never be revoked due to separation or divorce or your partner just leaving UK .Secondly ,if you haven't worked during those months overstayed & you can prove with documents like bank statements that you were not working then you have good chances.Home office guidance clearly states that overstaying can be disregarded if that is short or the only adverse factor in an applicant's good character test.Recently new guidance has been issued asking caseworkers to look at positive characters as well .Usually they only used to look at adverse factors.Goodluck
Re: British Citizenship / Overstay
Posted: Fri Oct 30, 2020 7:04 am
by Mani913
Thanks for the advise as I wasn’t sure how it will work in case or separation.
Regarding my over stay , yes I have been working at that time so it will be difficult for me to proof that I wasn’t working . Although my partner has been helping me also at that time.
But off course I am working professional job now and never claim for any benefits etc. Not sure if this really counts but it will be annoying to wait for 3 more years to apply for Naturalisation.
Re: British Citizenship / Overstay
Posted: Fri Oct 30, 2020 8:43 am
by secret.simon
Also see
my advice in a similar case.
Re: British Citizenship / Overstay
Posted: Fri Oct 30, 2020 8:54 am
by Zerubbabel
Mani913 wrote: ↑Fri Oct 30, 2020 7:04 am
Thanks for the advise as I wasn’t sure how it will work in case or separation.
Regarding my over stay , yes I have been working at that time so it will be difficult for me to proof that I wasn’t working . Although my partner has been helping me also at that time.
But off course I am working professional job now and never claim for any benefits etc. Not sure if this really counts but it will be annoying to wait for 3 more years to apply for Naturalisation.
If the money is not a factor, try. They will probably send you a questionnaire then the decision is taken. I have seen acceptance and refusals in cases like yours. It's a gamble really. 50/50.
Re: British Citizenship / Overstay
Posted: Fri Oct 30, 2020 11:06 am
by Mani913
Thanks ! That’s what I was thinking as there isn’t any harm to try. Although it is indeed a good amount of fee .
Re: British Citizenship / Overstay
Posted: Mon Nov 23, 2020 9:07 pm
by Mani913
Hello Experts
Further to my post , I would just like to get a little more clarification on this.
My partner she got British Passport in August 2019 and we aren’t married. Can I still apply for naturalisation straightaway or do I have to wait for 12 months ? I have got settled status in September this year.
We have been together for more then 7 years now and I can provide all the documents I sent for my settled status and proof of living together!
Kindly advise on this and I will appreciate!
Re: British Citizenship / Overstay
Posted: Mon Nov 23, 2020 9:10 pm
by CR001
You have to wait 12 months.
The ability to apply earlier is only applicable to someone married to a British citizen. Unmarried partners don't count.
Re: British Citizenship / Overstay
Posted: Mon Nov 23, 2020 9:15 pm
by Mani913
CR001 wrote: ↑Mon Nov 23, 2020 9:10 pm
You have to wait 12 months.
The ability to apply earlier is only applicable to someone married to a British citizen. Unmarried partners don't count.
That’s perfect! Thank you so much . That’s what I was thinking too!