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SM01 wrote: ↑

Wed Dec 13, 2023 1:38 am

If anyone can guide me. I have mentioned all above issue on my naturalisation application and written a cover letter with full explanation.

SM01 wrote: ↑

Wed Dec 13, 2023 1:34 am

Even during the period of overstay, I worked for another company and continued to fulfill my tax obligations.

SM01 wrote: ↑

Wed Dec 13, 2023 1:34 am

I am reaching out to seek your professional advice regarding my upcoming naturalization application. I have a bit of a complicated immigration history, and I want to address a specific concern.

In 2004, I entered the UK on a work permit for a one-year visa. However, I ended up overstaying until September 2015. I voluntarily left the UK at my own expense and returned in March 2017 on spouce visa and then later in 2022 received an ILR status. It is important to note that all my subsequent visa extension applications have mentioned my previous overstay, which I deeply regret.

During my time on the work permit, I diligently paid my taxes, including national insurance contributions. Even during the period of overstay, I worked for another company and continued to fulfill my tax obligations. I understand that my overstay was wrong, but i was working and paying my national insurance via NI number which was given for work permit visa .
I genuinely believed I was contributing to society by paying my taxes.

I am concerned about how this overstay might impact my naturalization application. I want to assure you that since my return in 2017, I have had no involvement in any illegal activities. I have maintained a clean record with no points on my license,no absences, or outstanding debts. The overstay incident occurred eight years ago when I went back to my home country to resolve my visa issues and subsequently returned to the UK on a spouse visa.

To align with changes to the qualifying period, immigration breaches relating to
lawful residence may be disregarded when assessing good character during the 10-
year period prior to the application where all of the following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the
grant of settlement which might cast doubt on the decision

Therefore, applications where it remains appropriate to consider immigration
breaches relating to lawful residence, alongside other good character factors, may
include but are not limited to:
• where historic information has come to light which, had it been known at the time
of granting settlement, may have led to refusal
• where something occurred after the grant of settlement to indicate revocation of
that status may be appropriate
• applications to naturalise as a British overseas territory citizen
• Immigration breaches that do not relate to lawful residence (for example working in
breach of conditions, hiring illegal workers, or failure to observe reporting
requirements) must still be considered.