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Overstayed as a minor

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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osaz0062
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Posts: 48
Joined: Tue Jul 26, 2016 5:40 pm
Nigeria

Overstayed as a minor

Post by osaz0062 » Mon Nov 11, 2019 7:20 am

I have just received my ILR, and I plan to apply for my british citizenship next year, I adhere to all the requirements apart from the fact i will have been an overstayer at about 9/10 years ago from the day i apply for citizenship, i would have been 14 at the time and not been aware at all of my status.

Is it worth still applying, i have read that they show discretion for cases exactly like mine but i dont want to risk it because of the amount i will have to spend as i am currently a student.

Thanks

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Zerubbabel
Respected Guru
Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: Overstayed as a minor

Post by Zerubbabel » Mon Nov 11, 2019 7:39 am

Hello

They may show discretion indeed.

However, as we are talking about something that happened 9/10 years ago, why not waiting just for a short while until you get 10 years clean immigration history and applying? Considering the financial risk, the delays and the aggravation, if you are just a few months short of 10 years clear history, just prepare your documents and wait before applying.

osaz0062
Newbie
Posts: 48
Joined: Tue Jul 26, 2016 5:40 pm
Nigeria

Re: Overstayed as a minor

Post by osaz0062 » Mon Nov 11, 2019 8:58 am

Zerubbabel wrote:
Mon Nov 11, 2019 7:39 am
Hello

They may show discretion indeed.

However, as we are talking about something that happened 9/10 years ago, why not waiting just for a short while until you get 10 years clean immigration history and applying? Considering the financial risk, the delays and the aggravation, if you are just a few months short of 10 years clear history, just prepare your documents and wait before applying.
Hello, thanks for your reply. I think i will wait but i am just curious, is it guaranteed that they will overlook the immigration breach as a minor?

secret.simon
Moderator
Posts: 11550
Joined: Thu Feb 21, 2013 9:29 pm

Re: Overstayed as a minor

Post by secret.simon » Mon Nov 11, 2019 9:19 am

osaz0062 wrote:
Mon Nov 11, 2019 8:58 am
is it guaranteed that they will overlook the immigration breach as a minor?
Likely, but not guaranteed.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Overstayed as a minor

Post by vinny » Mon Nov 11, 2019 12:06 pm

If the overstay was out of your control when you were a minor, then they should not penalise you for it.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

osaz0062
Newbie
Posts: 48
Joined: Tue Jul 26, 2016 5:40 pm
Nigeria

Re: Overstayed as a minor

Post by osaz0062 » Mon Nov 11, 2019 1:19 pm

vinny wrote:
Mon Nov 11, 2019 12:06 pm
If the overstay was out of your control when you were a minor, then they should not penalise you for it.
secret.simon wrote:
Mon Nov 11, 2019 9:19 am
osaz0062 wrote:
Mon Nov 11, 2019 8:58 am
is it guaranteed that they will overlook the immigration breach as a minor?
Likely, but not guaranteed.
Thank you all very much for your advise, i have seen threads of people in the same situation that have been successful so i think i will apply when i am eligible as i want to have a passport before i graduate and start applying for jobs

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