Immigrationboards.com

Good morning

I was family member of eu (divorced now ), I have settled status and residence card ILR since September 2021
I want to apply for British citizenship ,problem is I been overstayer as I came to UK with tourist visa back on 2015 , my visa expired on 30/05/2016 and since then I became overstayer until December 2017 I got married with my wife ( Spanish Citizenship) .
Is there any chance to get British Citizenship or Home Office will 100% refuse my application because I have been overstayer ? and must wait 10 years to apply , also do I have to mention that I was overstayer on the application form ? and where as I filled up the form and there’s no question regarding overstayer


Thank you
Kind regards

How did you support yourself before December 2017?

Had savings and lived with family

Network wrote: ↑

Wed Oct 26, 2022 1:32 pm

Had savings and lived with family

You "might" not be able to naturalise until 2027 when you have a clean record for the last 10 years.

If you have funds to play with, you might give it a gamble to know for sure, as they would inform you when you're likely to succeed.

If not, just err on the side of caution and wait till it's all good (December 2027 or January 2028).

Just want some clarity. My solicitor just told me someone doesn't have to wait for 10 years as long he or she doesn't abscond in the last ten years as part of good character. New immigration rule from September 2022

Alex0226 wrote: ↑

Wed Oct 26, 2022 5:34 pm

Just want some clarity. My solicitor just told me someone doesn't have to wait for 10 years as long he or she doesn't abscond in the last ten years as part of good character. New immigration rule from September 2022

That’s great news though , would you please tell me if I have to mention overstayer period and where ? As I there’s no question about it on the application form
Thank you

So sorry, I am not qualified to give any advice. It's worth asking any legal practitioner or those who are more knowledgeable on this field. Cheers

Network wrote: ↑

Thu Oct 27, 2022 3:01 am

Alex0226 wrote: ↑

Wed Oct 26, 2022 5:34 pm

Just want some clarity. My solicitor just told me someone doesn't have to wait for 10 years as long he or she doesn't abscond in the last ten years as part of good character. New immigration rule from September 2022

That’s great news though , would you please tell me if I have to mention overstayer period and where ? As I there’s no question about it on the application form
Thank you

If you decide to apply. I would suggest you do a cover letter as part of your supporting documentation. Regardless, they will pick it up from your records, but its good you flagged it first as it speaks about your character and its down to them to decide your application however they deem fit. Also include anything at all you think its worth mentioning in that cover letter. Also, it might also be worth thinking ahead on how to defend yourself in regards to how you supported yourself when you overstayed your leave. There is no discretion for illegal working. All the best!

Lagosbos wrote: ↑

Thu Oct 27, 2022 10:30 am

Network wrote: ↑

Thu Oct 27, 2022 3:01 am

Alex0226 wrote: ↑

Wed Oct 26, 2022 5:34 pm

Just want some clarity. My solicitor just told me someone doesn't have to wait for 10 years as long he or she doesn't abscond in the last ten years as part of good character. New immigration rule from September 2022

That’s great news though , would you please tell me if I have to mention overstayer period and where ? As I there’s no question about it on the application form
Thank you

If you decide to apply. I would suggest you do a cover letter as part of your supporting documentation. Regardless, they will pick it up from your records, but its good you flagged it first as it speaks about your character and its down to them to decide your application however they deem fit. Also include anything at all you think its worth mentioning in that cover letter. Also, it might also be worth thinking ahead on how to defend yourself in regards to how you supported yourself when you overstayed your leave. There is no discretion for illegal working. All the best!

The new guidance on good character has a little hope for those overstayers who overstayed for a short period & importantly never worked during that period .New guidance has added discretion to illegal working as well but practically it may be applied on very specific cases & most will be refused.I think with previous overstay an applicant should wait rather wasting money .The HO doesn't care how you make money all they care is what is their policy that's what they follow .The new guidance as usual is ambiguous & doesn't clearly answer all questions .