ILR to British Citizenship application - Can I still apply if I 'overstayed' in past 10 years

[daviddavidson]

Hi there,

I have a complex situation and was wondering if any of you could suggest to me what I should do next.

I entered UK legally in 2007 as a student. I then continuously and legally lived here for 10 years as a student. After the 10 year mark, in 2017 I applied for another student visa for my masters degree. That application was submitted in-time but was later refused because I failed to submit a document by accident. But by the time my refusal letter came back the visa I was currently on expired.

Within days of the refusal I applied for ILR via the 10 year route. As far as I'm aware I was an overstayer after my student visa was refused.

Half a year later in the summer of 2018 my ILR was granted to me. Soon it will have been a year since my ILR was approved and I was wondering what my chances are of obtaining citizenship?

I know that the half a year gap before my ILR was granted will look bad for my 'good character' criteria. But that overstaying gap was out of my control, I followed the correct steps in order to obtain my student visa and my application was in-time. I did not know it will be refused.

Aside from this I have always paid my taxes, never missed any bill payments, I'm not in debt, never had trouble with the law.

Is there any point in even spending over £1500 on legal advice and application fees? What are the chances for discretion by the home office?

Thank you so much

[secret.simon]

That application was submitted in-time but was later refused

If you still have the refusal letter with you, can you check if your application was refused or declared invalid? There is a difference between the two terms which may be crucial.

[CR001]

That application was submitted in-time but was later refused

If you still have the refusal letter with you, can you check if your application was refused or declared invalid? There is a difference between the two terms which may be crucial.

Appears to have been refused for not submitting specific supporting documents.

indefinite-leave-to-remain/urgent-help- ... l#p1562302

And ILR refused in 2017 December for being over the absence limit.

indefinite-leave-to-remain/10-years-lon ... l#p1577125

[London22]

Hello
You should apply for BC ,I dont think you have actually overstayed.Time during your student visa application and ILR application was legal otherwise HO wouldnt have granted you ILR and declared you overstayer doesnt matter if you have spent 10 yrs legally .This overstayer rule is bothering many people.It actually is an abuse of power.

[daviddavidson]

That application was submitted in-time but was later refused

If you still have the refusal letter with you, can you check if your application was refused or declared invalid? There is a difference between the two terms which may be crucial.

it was refused due to not disclosing supporting documents

[daviddavidson]

Hi there again,

I posted this previously but I wanted to see if anyone else could help me this time

I have a complex situation and was wondering if any of you could suggest to me what I should do next.

I entered UK legally in 2007 as a student. I then continuously and legally lived here for 10 years as a student. After the 10 year mark, in 2017 I applied for another student visa for my masters degree. That application was submitted in-time but was later refused because I failed to submit a document by accident. But by the time my refusal letter came back the current visa I was on already expired.

Within days of the refusal of my masters visa I applied for ILR via the 10 year route. Does it make me an overstayer if I made an 'in-time' application, but the application was rejected so I became in 'breach' during that time?

ILR was then granted in June 2018.

I assume that half a year awaiting my ILR counts as overstaying?

I know that the half a year gap before my ILR was granted will look bad for my 'good character' criteria. But that overstaying gap was out of my control, I followed the correct steps in order to obtain my student visa and my application was in-time. I did not know it will be refused.

Aside from this I have always paid my taxes, never missed any bill payments, I'm not in debt, never had trouble with the law.

Is there any point in even spending over £1500 on legal advice and application fees? What are the chances for discretion by the home office?

Thank you so much

[CR001]

Topics Merged (click to read forum rule on multiple topics)

[daviddavidson]

Thank you for helping me with merging the two

[daviddavidson]

Hi

Can anyone advise?

[aman90]

You made in time applications.. protected by 3C and 39E.
No overstay.