Immigrationboards.com

Dear everyone your help will be much appreciated

My situation is as follows :

— August 2015 i come to the UK with visitor visa then when back to my home country without overstaying.

— January 2017 i come to the UK in a second visitor visa and i overstayed.

— Sptember 2018 i meet my EU partner and decided to live together and i start gathering some evidences of cohabitation and proofs of address in order to apply to the home office to get permission to work.

— May 2019 i decided to apply for EU family member as Unmarried partner. In July 2019 i have been granted Permission to leave and received a Biometric residence card.

— September 2019 i applied for EU settlement scheme and have been granted pre-settlement status under the EU settlement scheme route.

— January 2020 we when for holiday to our home country and we got married there, and received marriage certificate from the local authorities. (I have an original english copy translated by an approved and certified english translator)

— January 2021 i applied for BRC replacement and got a new one issued under the EU Exit separation agreements.

— January 2021 my spouse applied and granted British citizenship in May 2021. and now she has dual citizenship including European citizenship.

— July 2024 i applied and granted settlement status under EU settlement scheme.

My Questions are :

1 - can i apply for citizenship even if i previously overstayed my visa. Or it might it be refused under good character requirements?

2 - When am i eligible to apply for british citizenship?

3 - will the home office accept my translated marriage certificate?

4 - In the form there is a Question saying (when did you first arrive to the UK?) According to my case What date shall i put?

5 - will my application be rejected because i overstayed my visa in 2017?

6 - Do i need to mention my overstaying by cover letter to explain it additional information box in the application.

Thanks a lot in advance your time and answers will be much appreciated

Your application will be rejected. I would apply in July 2029, when 10 yers will have elapsed from your valid grant of leave.

Your translated marriage certificate should be fine, but not necessary unless your partner is British or becomes British before you apply.

I would write that you arrived in May 2019, date of when you applied for lawful stay.

I would explain your situation in a cover letter, saying you regret your mistake and you are fully intending to respect UK law, but as I said you will need to wait for 10 years since you regularised your position with immigration or your application will certainly be refused.

contorted_svy wrote: ↑

Sun Jul 14, 2024 1:47 pm

Your application will be rejected. I would apply in July 2029, when 10 yers will have elapsed from your valid grant of leave.

Your translated marriage certificate should be fine, but not necessary unless your partner is British or becomes British before you apply.

I would write that you arrived in May 2019, date of when you applied for lawful stay.

I would explain your situation in a cover letter, saying you regret your mistake and you are fully intending to respect UK law, but as I said you will need to wait for 10 years since you regularised your position with immigration or your application will certainly be refused.

I heard some stories of some people they have almost same situation and they applied and got approved. That's why im really confused. Everyone saying different story

The good character requirement changed last year. On the forum we advise based on the guidance, but you are free to apply if you choose to. It is up to you.

Generally, IF you have ILR, your previous overstaying will not lead to a refusal of British Citizenship under the good character requirements.

"...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. "

https://assets.publishing.service.gov.u ... racter.pdf

That is incorrect. All applicants for naturalisation must hold ILR, it is one of the requirements. Lawful residence is only assumed for the time that led to qualify for ILR, and after.

Read the full guidance here https://assets.publishing.service.gov.u ... racter.pdf


and relevant excerpts

Factors to consider
A person will not normally be considered to be of good character if there is
information to suggest that any of the following apply:
• criminality - if they have not respected or are not prepared to abide by the law for
example, they have been convicted of a crime or there are reasonable grounds to
suspect, meaning it is more likely than not, they have been involved in crime
• international crimes, terrorism and other non-conducive activity - if they have
been involved in or associated with war crimes, crimes against humanity or
genocide, terrorism, or other actions that are considered not to be conducive to
the public good
• financial soundness - if their financial affairs have not been in appropriate order -
for example, they have failed to pay taxes for which they were liable or have
accrued significant debt
• notoriety - if their activities have been notorious and cast serious doubt on their
standing in the local community
• deception and dishonesty - if they have been deliberately dishonest or
deceptive in their dealings with the UK government, for example they have made
false claims in order to obtain benefits
• immigration-related matters - if they have breached immigration laws, for
example by overstaying, working in breach of conditions or assisting in the
evasion of immigration control, where such matters are not to be disregarded for
that person - see: Non-compliance with immigration requirements
• deprivation - if they have previously been deprived of citizenship
This is a non-exhaustive list.
If the person does not clearly fall into one of the categories outlined above but there
are doubts about their character, you may still refuse the application. You may also
request an interview in order to make an overall assessment. Any cases you wish to
interview should be referred to the Permanent Migration Interview team.

Immigration breaches
An immigration breach is where a person has failed to comply with immigration
requirements, for example:
• failing to comply with conditions attached to a grant of permission to enter or stay
in the UK
• accessing public funds when prohibited from doing so
• failing to report without reasonable excuse, when required to do so
• assisting illegal immigration
• working in the UK without permission to do so (illegal working)
• hiring illegal workers
• failing to comply with the requirements of the Immigration (European Economic
Area) Regulations 2016 (EEA Regulations 2016), as saved
Failing to comply with immigration requirements within the 10 years before the date
of decision will normally be a reason to refuse an application for British citizenship on
the grounds of not meeting the good character requirement.

Abuse of immigration requirements may also occur if a person enters or remains in
the UK for a purpose other than that for which they were given leave to enter or
remain. For example, where a person is found to be working full time in the UK
having entered the UK as a Tier 4 student and having failed to undertake or
complete the course of study for which the leave was given.

contorted_svy wrote: ↑

Tue Jul 16, 2024 5:17 pm

That is incorrect. All applicants for naturalisation must hold ILR, it is one of the requirements. Lawful residence is only assumed for the time that led to qualify for ILR, and after.

Read the full guidance here https://assets.publishing.service.gov.u ... racter.pdf


and relevant excerpts

Factors to consider
A person will not normally be considered to be of good character if there is
information to suggest that any of the following apply:
• criminality - if they have not respected or are not prepared to abide by the law for
example, they have been convicted of a crime or there are reasonable grounds to
suspect, meaning it is more likely than not, they have been involved in crime
• international crimes, terrorism and other non-conducive activity - if they have
been involved in or associated with war crimes, crimes against humanity or
genocide, terrorism, or other actions that are considered not to be conducive to
the public good
• financial soundness - if their financial affairs have not been in appropriate order -
for example, they have failed to pay taxes for which they were liable or have
accrued significant debt
• notoriety - if their activities have been notorious and cast serious doubt on their
standing in the local community
• deception and dishonesty - if they have been deliberately dishonest or
deceptive in their dealings with the UK government, for example they have made
false claims in order to obtain benefits
• immigration-related matters - if they have breached immigration laws, for
example by overstaying, working in breach of conditions or assisting in the
evasion of immigration control, where such matters are not to be disregarded for
that person - see: Non-compliance with immigration requirements
• deprivation - if they have previously been deprived of citizenship
This is a non-exhaustive list.
If the person does not clearly fall into one of the categories outlined above but there
are doubts about their character, you may still refuse the application. You may also
request an interview in order to make an overall assessment. Any cases you wish to
interview should be referred to the Permanent Migration Interview team.

Immigration breaches
An immigration breach is where a person has failed to comply with immigration
requirements, for example:
• failing to comply with conditions attached to a grant of permission to enter or stay
in the UK
• accessing public funds when prohibited from doing so
• failing to report without reasonable excuse, when required to do so
• assisting illegal immigration
• working in the UK without permission to do so (illegal working)
• hiring illegal workers
• failing to comply with the requirements of the Immigration (European Economic
Area) Regulations 2016 (EEA Regulations 2016), as saved
Failing to comply with immigration requirements within the 10 years before the date
of decision will normally be a reason to refuse an application for British citizenship on
the grounds of not meeting the good character requirement.

Abuse of immigration requirements may also occur if a person enters or remains in
the UK for a purpose other than that for which they were given leave to enter or
remain. For example, where a person is found to be working full time in the UK
having entered the UK as a Tier 4 student and having failed to undertake or
complete the course of study for which the leave was given.

I think you are the one that needs to read the full guidance especially pages 48 - 49. The paragraphs that I cited were taken verbatim from the same Home Office Guidance and are specific to the OP's case. The paragraphs you cited are not relevant to the OP.

That said, I believe the OP can read the guidance for themself and decide which of our positions correct.