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Is this counted as overstaying for naturalisation
Posted: Fri Apr 02, 2021 8:55 am
by nuddydian
Hi
I am little bit worried but want to ask for an opinion.
My wife Tier 2 visa was expiring on 17 Jul 2020. But we made an ILR application on 20 Jun 2020.
She was granted ILR on 15 Aug 2020.
Will she be refused in naturalisation because she did not have visa from 17 Jul till she got ILR? Or does this not count as illegal and overstay?
Re: Is this counted as overstaying for naturalisation
Posted: Fri Apr 02, 2021 9:00 am
by CR001
Will she be refused in naturalisation because she did not have visa from 17 Jul till she got ILR?
No.
Or does this not count as illegal and overstay?
It doesn't. She applied before visa expiry, section 3c protection kicked in once her visa expired,menacing her visa conditions continued while the application was pending.
Re: Is this counted as overstaying for naturalisation
Posted: Fri Apr 02, 2021 9:33 am
by nuddydian
Thanks.
I am not a lawyer but below it how it reads in the good character guidance.
remained in the UK after their leave, including when leave extended by virtue of
section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
Does this read that even when 3c kicks in they will not accept naturalisation? Or when 3c expires (what does this mean?) when 3c expires.
Re: Is this counted as overstaying for naturalisation
Posted: Fri Apr 02, 2021 9:42 am
by CR001
You are overthinking completely. There is no overstay!!
Re: Is this counted as overstaying for naturalisation
Posted: Fri Apr 02, 2021 9:47 am
by nuddydian
Ha - thanks