British Citizenship and overstayer

[StruggleisReal]

Hi

Regarding referees: my personal referee hasn’t updated their driving license to her current address, and still has their previous address of three years ago, will this cause an issue for me?

[alterhase58]

No issue .... why should it be a problem?
Driving Licences are not under the remit of the Home Office.
Remember we don't have Internal ID documents so most people don't have to report changes of address (unless it's mandated).

[AmazonianX]

Hi

Regarding referees: my personal referee hasn’t updated their driving license to her current address, and still has their previous address of three years ago, will this cause an issue for me?

Dont sweat it, this is of no import on the spplication

[StruggleisReal]

Hi again

Do I need to indicate in cover letter if I am applying under Section 6(1) or 6(2) regulation?

I am applying based on 5years would this be 6(1)?

Also, I have no property or assets, no spouse/partner or children, what I can use to prove I have established my life here?

[contorted_svy]

It is Section 6(1) you are applying under.
Why do you need to prove your assets in the UK? are you above the absence threshold? If not you do not need to submit anything of that sort.

[StruggleisReal]

Hi

Is there a tactic to booking a free appointment locally for the Biometric? I have either found that there are no appointments or they are very expensive and this makes me very nervous

If there are no free appointments available now does it mean that they won’t become available or they will be further in the future?

Also, up until my biometric appointment can I change the uploaded documents or is it the case of once uploaded a document I can no longer amend or delete it?


Thank you

[contorted_svy]

Free appointments are released for the date 28 days in the future at 9am every day on the UKVCAS website. I don't think you can amend or delete documents once you have uploaded them. You have until 48 hours to your appointment to upload your evidence.

[AmazonianX]

If not yet submitted, you can amend. Once submitted no.

[StruggleisReal]

Hello

Are there any chances of citizenship application being approved if you have been an overstayer in the last 10years before your application?

Can I ask the case worker for discretion if there was a period of no legal stay as I had an application in an appeal for a very long time?

[StruggleisReal]

I am referring to the below text

So if my understanding is correct does it mean that if overstaying is the only issue in the good character requirement, then this will be disregarded? Please correct me if I am wrong


“ Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.

Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections 4(2) 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.”

[contorted_svy]

This only applies to the qualifying period for ILR (during which of course your stay was legal). if in the time before you started your qualifying time for ILR you overstayed you need to wait before you apply. Can you elaborate on your overstaying history?

[StruggleisReal]

Please see below

June 2016 - entered UK On a visit visa

October 2016 issued with a EEA residence card of EEA family member for 5 years

October 2011 - In time EEA4 application but was rejected for insufficient evidence of treaty rights of EEA national

March 2012 - applied for EEA4 again and rejected for same reason

August 2012 - applied for Set O applicator and this was rejected, then appealed the decision in May 2014

August 2014 - applied for EE2, withdrew the above appeal, granted 5 years vignette from November 2015 valid until November 2020. Please note that from May 2014 until November 2015 I was twice monthly signing at the immigration office near me.

September 2020 - applied to EUSS scheme and granted settled status in March 2021

Also I have requested SAR, does it have to be mentioned there that I was specifically an overstayer? And should this show in my short immigration history that is provided? Or do I need to look in the comments of my application?

[vinny]

Good character: caseworker guidance
Lawful residence

To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10- year period prior to the application where all of the following factors apply:

• the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), Section 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

…

[StruggleisReal]

@vinny
Are you saying I should be okay then?

I am applying under 6(1)
I have settled status
I believe to meet the good character requirements other than just that period without valid leave

[contorted_svy]

Good character: caseworker guidance
Lawful residence

To align with changes to the qualifying period, immigration breaches relating to lawful residence may be disregarded when assessing good character during the 10- year period prior to the application where all of the following factors apply:

• the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), Section 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

…

How does this match with thefollowing paragraph about overstaying?

Overstaying
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:

the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied
the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider
For information on dealing with breaches of conditions see liability to administrative removal.

This seems to indicate that an overstayer in the last 10 years would not receive citizenship if there is another factor to cast doubt on their character.

[vinny]

I think if all three factors

• the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), Section 6(1) or 6(2) of the BNA 1981 after 28 June 2022
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

above apply, then they may disregard the overstay periods when assessing good character during the 10- year period prior to the application.

Else (i.e. when these three factors do not apply, then

Therefore, applications where it remains appropriate to consider immigration breaches relating to lawful residence, alongside other good character factors, may include but are not limited to:

• where historic information has come to light which, had it been known at the time of granting settlement, may have led to refusal
• where something occurred after the grant of settlement to indicate revocation of that status may be appropriate
• applications to naturalise as a British overseas territory citizen

Immigration breaches that do not relate to lawful residence (for example working in breach of conditions, hiring illegal workers, or failure to observe reporting requirements) must still be considered.

See naturalisation as British citizen by discretion (page 51)

Agree:

This seems to indicate that an overstayer in the last 10 years would not receive citizenship if there is another factor to cast doubt on their character.

[contorted_svy]

I think it would be helpful if you added this to the Good character thread as there is often a lack of clarity on this aspect (I personally found it confusing).

[StruggleisReal]

@vinny

Thank you and it’s great to know

Also, do you think I should add this in my cover letter as there is a question in the end which asks about applying discretion or should I not mention it at all?

[StruggleisReal]

Hello

With the help of this forums I have managed to applied for BC and am currently awaiting a response.

I am at the very early stage of the process of applying British Citizenship for my relative and so I am not sure if it requires a new thread or if the administrators want to merge it with the current thread I have open.

They have health issues and not able to complete the application form themselves. Do I need to declare in the application that I am completing the form on their behalf and will this make the application complicated? They also have the option to apply through the solicitor but I wanted to get some thoughts.

I can also sit with them and help them complete the application form as if they are applying themselves.

Due to the health condition they are unable to do the English Language test and will have to have the waiver form signed, they have memory issues too so will it be okay if they applied for the application “themselves” and I help them or is it best that I declare that I am completing the from on their behalf?

[contorted_svy]

You can complete the application yourself while they dictate and declare it is your relative completing it, rather than the other way around.

[StruggleisReal]

Many thanks for your response

I am not sure I understand what you mean

When I register for the details, do I use the email address of the applicant and confirm this email address belongs to the applicant?

Obviously, Say no to the Immigration advisor part

Then the next question is below:

Are you completing this form on behalf of someone else?
(Required)
For example, because they are not of sound mind or have learning difficulties.

Do I choose ‘No’ or ‘Yes’ if I have given the applicants email address above? As the applicant has sound mind but would not be able to complete the form as they wouldn’t know how to and possible learning difficulties(I may not have evidence of this)

As for declaration that someone has helped or even fully completed the form do I need to attach cover letter explaining this and does the applicant write this letter?

[contorted_svy]

Many thanks for your response

I am not sure I understand what you mean

When I register for the details, do I use the email address of the applicant and confirm this email address belongs to the applicant? Yes

Obviously, Say no to the Immigration advisor part

Then the next question is below:

Are you completing this form on behalf of someone else?
(Required)
For example, because they are not of sound mind or have learning difficulties.

Do I choose ‘No’ or ‘Yes’ if I have given the applicants email address above? As the applicant has sound mind but would not be able to complete the form as they wouldn’t know how to and possible learning difficulties(I may not have evidence of this) I would choose Yes as of sound mind and don't have evidence of learning difficulties. Being of sound mind is a statutory requirement for becoming British.

As for declaration that someone has helped or even fully completed the form do I need to attach cover letter explaining this and does the applicant write this letter? I don't think you need to specify anything? You are declaring that the applicant is filling in the form and that is all that matters.