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Applying for naturalisation and overstaying

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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violetta
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Applying for naturalisation and overstaying

Post by violetta » Sun Jun 05, 2016 6:33 pm

My unmarried partner was granted ILR based on 10yrs residence in August last year so she's been a permanent resident for almost a year. She's lived in the UK for 16 years, since 1999.

We're planning on getting married before the end of this year, also.

Technically she has overstayed from Sept 2000 to Jan 2001 and then again Nov 2011 until Jan 2012.

How long should we wait before applying for naturalisation? I've heard 10 years since the last offence, in this case, she has to wait until 2022 before she can apply and be accepted? Even if we meets all the other criteria i.e. married to me, a British citizen, has worked full time and paid taxes in this country since 2005, no criminal offences, has been here 16yrs...


Thanks

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Casa
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Re: Applying for naturalisation and overstaying

Post by Casa » Sun Jun 05, 2016 6:37 pm

How has she 'technically overstayed'? ILR under long residence isn't generally granted if there is a period without valid leave within the 10 year qualifying period, but this doesn't appear to have been a problem. :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

violetta
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Re: Applying for naturalisation and overstaying

Post by violetta » Sun Jun 05, 2016 6:40 pm

I thought she had overstayed because of two gaps in her visa... is this not the case? I'm confused.

I thought maybe they'd just waived it or something?

violetta
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Re: Applying for naturalisation and overstaying

Post by violetta » Sun Jun 05, 2016 6:41 pm

Aren't these gaps in the visa considered 'overstaying' and therefore an immigration offence?

And when qualifying for naturalisation, you can't have committed any offences?

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Casa
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Re: Applying for naturalisation and overstaying

Post by Casa » Sun Jun 05, 2016 6:43 pm

How long were the gaps in her visas and for what reason?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

violetta
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Re: Applying for naturalisation and overstaying

Post by violetta » Sun Jun 05, 2016 6:52 pm

the gap from sept 2000 to jan 2001 was because her mom is scatterbrained and didn't apply in time, I guess? she was a 10 year old at the time

the second gap from nov 2011 - jan 2012 she said was because she submitted it through the US military (she's American and lived on base) and she wasn't aware they were incompetent. they didn't get it in on time/delayed it for some reason because the whole office is just...disorganised.

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