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Applying for British Citizenship after being an overstayer
Posted: Mon Jun 28, 2010 3:38 pm
by jamalkhan
hi,
I am back and need advice.
I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.
question is that what are the chances? does my history have any effect on my BC application
TA
Re: Applying for British Citizenship after being an oversta
Posted: Mon Jun 28, 2010 4:40 pm
by krimith
jamalkhan wrote:hi,
I am back and need advice.
I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.
question is that what are the chances? does my history have any effect on my BC application
TA
Of course,no chance now you have to finished 5 yrs
Posted: Mon Jun 28, 2010 5:17 pm
by nosscire81
krimith, perhaps it would help if you just didn't blurt out without thinking. Jamalkhan, can you give some more details of the nature of your overstaying? I'm not sure if there would be a problem, but then again I don't work for UKBA. But this might help, it is taken out of their guidance notes:
10.2 Prior to their application for citizenship some applicants may have a past history of themselves evading control. It may nevertheless be appropriate for caseworkers to approve their application if:
a.
they meet fully all the statutory requirements without requiring the Home Secretary to exercise discretion; and
b.
there is no other evidence to cast doubt on their character or standing in the community over the full three or five year qualifying period
Anyone ever been or heard of a similar situation before? Then please do contribute.
Cheers
Re: Applying for British Citizenship after being an oversta
Posted: Tue Jun 29, 2010 12:13 am
by mrlookforward
jamalkhan wrote:hi,
I am back and need advice.
I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.
question is that what are the chances? does my history have any effect on my BC application
TA
A mere overstay before getting your spouse visa and then getting ILR, wont have any negative effect on your naturalisation.
Posted: Wed Jun 30, 2010 3:25 pm
by jamalkhan
well I was an overstayer for 9 years until I received I voluntered to leave the country and got married.
So are you saying I should apply after 3 years or wait another 2 years?
Posted: Wed Jun 30, 2010 8:00 pm
by mrlookforward
The residence period of naturalisation based on marriage to a British Citizen is 3 years. So just count 3 years from the date of your entry on spouse visa. You basically need to forget about previous overstay.
Posted: Thu Jul 01, 2010 2:39 pm
by jamalkhan
I love you Mr Look Forward.