Immigrationboards.com

Hi,

I am concerned that my period of overstaying means that I have to wait 10 years (until 2029) to apply for citizenship.

Background:

1999-2008: ILR (which lapsed when I left the UK for more than 2 years).
July 2016: Spouse visa granted.
March/April 2019: I unintentionally overstayed my spouse visa by 53 days. I only became aware of my overstaying when I returned to the UK after my father's funeral. I was with my daughter who is a British citizen by birth so I was allowed to enter as a tourist.
June 2019: I left the UK and reapplied for a spouse visa.
October 2019: new spouse visa granted.
October 2025: ILR granted.

I can see that there is discretion to overlook periods of overstaying under Paragraph 39E of the Immigration Rules if an application for further leave to remain is made "within 14 days of the expiry of the previous leave, provided there was a 'good reason' why the application was not made on time".

My application for further leave was made in June 2019 and so was not made within the 14 days of the expiry of my previous spouse visa, and so I assume I fail the good character requirement.

Can someone tell me whether my interpretation of Paragraph 39E is correct? Are there any other options I have or do I have to wait 10 years?

Thanks for any thoughts you may have.

Do you have any other factors against your good character?

I have no other factors - just the 53 days of overstaying in 2019

If you don't have any fines, driving offences, etc you can apply. Overstaying is not an issue for naturalisation as long as you don't have any other issues with good character.

Thank you for your response. I will apply and report back

Good luck. Make sure you review all the guidance

https://www.gov.uk/government/publicati ... y-guidance

https://www.gov.uk/government/publicati ... n-guidance

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

Ask here any other questions that may come up as you fill in your application.