ILR route on 10 years but with over stayed status previously

[kasi]

Hi Vinny,

I hope you are well. I would like to thank you for all the help you have provided specially you guidance and pointing me towards 196D immigration rule. Today we have received reply from Home Office saying that our administrative review is successful and my wife has been granted ILR.

Thank you alot for your help and support. you have saved us alot of years of wait. words cannot express my gratitude to you and your team who are doing this wonderful work in this time.

last question is that is my wife can apply for Natruliazation straight away as she don't have to wait for one year to make this application right?

Thanks you once again.

Best Wishes,
Sheraz

[vinny]

Congratulations!

I have acquired ILR on 21st June 2014 based on 5 years work-permit holder route. she got private and family life visa on 18-02-2016. I have got now British passport along with our children who are born in the UK.

As you are British, she may naturalise as a spouse of a British citizen, subject to all the requirements. There is no requirement for her to hold ILR for a minimum of one year.

However, her overstaying is a problem. She should also not have overstayed for over 28 consecutive days within the preceding 10 years.

[kasi]

she has children who are British national and I myself holds British passport. however, as in the past when she applied for ILR in June, she submitted application after two days of her visa expires but using old forms which were not excepted by the HO and return after 21 days. She applied again using the correct forms but then her visa was refused because she overstayed over 28days. after that we file JR and than finally she got private life visa in 2016 and now ILR.

does she qualify for Naturalization now?

[vinny]

Unfortunately, as said, it may be difficult because of her previous overstay.

[kasi]

are there cases in which due to overstayed previously Citizenship has been rejected even after ILR? and what are the chances to succeed?

[CR001]

are there cases in which due to overstayed previously Citizenship has been rejected even after ILR? and what are the chances to succeed?

Yes, many when migrants fail the good character requirement. Citizenship LAWS are separate and different to immigration (ILR) RULES.

[kasi]

so what would you suggest? in the past she applied for ILR in time but used an incorrect forms and due to the delay from HO returning the forms, she overstayed visa. Also, her mother passed away in that time due to which all the situation got worse.

is there a possibility that if we make a case and argue that what happened was a human error rather then deliberately overstaying the visa, it could be acceptable by the HO?

[CR001]

For citizenship, she needs to meet all the requirements, which are prescribed in law.

Have you clicked on and read the links that vinny has provided?

[kasi]

the 10 year they are asking will be considered from the day of arrival in the UK or from when the breach happened or when they issued ILR?
also, what are the chances of succeeding the application if we put a reasonable explanation regarding good character?
as my wife have been volunteering herself to local school and play groups in the past, will that be considered at all?