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Spouse has ILTR, but previously overstayed, should I delay citizenship application?

Posted: Sat Jun 28, 2025 10:33 am
by nom_brit
Hi there,

- My wife and I first met in 2016.
- Her visa ran out in late 2016.
- She overstayed stayed all of 2017 in the UK, went back voluntarily in late 2017.
- We got married in late 2018, she arrived to UK in 2019 with leave to remain spouse visa.
- She got indefinite leave to remain in late 2024.

I want to apply citizenship soon.

I hear there needs to be a 10 year cool-off period and apply apply after 2027. But hear from others where they got citizenship. Is it worth the risk to apply?

The only thing on her character would be she overstayed in 2017.

Any help here will be appreciated!

Thanks,

Re: Spouse has ILTR, but previously overstayed, should I delay citizenship application?

Posted: Sat Jun 28, 2025 10:41 am
by nom_brit
More context:

I am a British national. My wife is a non-EU national who was previously employed but became a full-time mother following the birth of our child, who is now three years old. She is now preparing to return to work. Apart from a period of overstaying, there are no other concerns or negative marks against her character.

Re: Spouse has ILTR, but previously overstayed, should I delay citizenship application?

Posted: Sun Jun 29, 2025 1:48 pm
by contorted_svy
If overstaying is the only thing against her character (no fines, no debts, etc) then she can apply without waiting for 10 years.

Re: Spouse has ILTR, but previously overstayed, should I delay citizenship application?

Posted: Tue Jul 01, 2025 11:58 am
by Ticktack
She's got a great chance. She overstayed and left, then she came back legally, and has stayed on the straight and narrow since then. The fact that her entry clearance was re-issued helps in my opinion.

Re: Spouse has ILTR, but previously overstayed, should I delay citizenship application?

Posted: Tue Jul 01, 2025 12:22 pm
by contorted_svy
The guidance clearly states that if overstaying is the only adverse factor against the applicant's character, they will accept the application.