Can I apply for citizenship?

[rosto]

Hi there! I'm simply wondering if I am able to apply for citizenship and research has not been the best. Let me explain my situation:
I came on a 5 year ancestery employment visa (feb 2011-feb 2016). My visa expired in febuary and I didn't apply for ILR (didn't know about it). However, I was being prepared for heart surgery at the time and in March I got booked in for april. I had my heart surgery and am now currently in the cardiac rehabilitation which takes 8 weeks, I have done 3 weeks of it now. Now, I only held one proper job and that was a gym instructor apprentice in 2012. With the above info mentioned, would I stand a chance of application or can I not apply for citizenship seeing as my visa has expired? I'm still under NHS care but I am sure that means little seeing as I could get the same treatment back in my native New Zealand.

[CR001]

You cannot apply for citizenship if you do not hold ILR for a full 12 months first. As you have overstayed your visa for a considerable period, your route to citizenship is lost for now and you will only be able to apply for citizenship after 10 years IF you sort out your visa status.

Did you apply for an extension or anything at all or did you just let your visa expire? It is the migrants responsibility to check next steps etc.

Do you have dependents with you in the UK?

You have far bigger problems now though. As your visa has expired, you are no longer entitled to free NHS from the day after your visa expired and will be charged at 150% of cost. With what you have gone through medically, it will be an expensive bill.

[rosto]

Thanks for the reply!

No I didn't extend. I live with my father so I guess I'm a dependant, however I had mentioned the visa was expiring and never recieved information on what to do next, granted I really should have researched on my own.

As for the NHS, I really shouldn't be surprised at this. I thought though that the home office would have been aware with my surgery?

From what I've seen with ILR, apparently I could have applied for it after the 5 year mark with my visa but I only qualified itself 2 months after expirery. I can't even apply for ILR with an expired visa,can I?

[noajthan]

Hope you're on road to recovery but don't expect HO to mollycoddle you with reminders of what its your responsibilty to do.
Such as manage visa extensions and NHS liabilities.

Extent of HO involvement will be to deny you and/or penalise you for not doing these things.

[rosto]

Hope you're on road to recovery but don't expect HO to mollycoddle you with reminders of what its your responsibilty to do.
Such as manage visa extensions and NHS liabilities.

Extent of HO involvement will be to deny you and/or penalise you for not doing these things.

What about if I left voluntarily (like I intend to do if need be), would I be arrested when I try to leave? That's a main concern of mine.

[CR001]

No, you likely won't be arrested. Any future visa applications will be difficult though.

What visa is your father on then? Did he apply for ILR?? If you were a dependent on your father's visa, you could have applied with him if he was applying for ILR.

You are going to have a real hefty NHS bill. Any visa in future with NHS bills outstanding will fail.

I don't understand why you think HO would be aware of your surgery. HO and NHS are two independent gov departments. NHS mostly is confidential. HO would only be aware IF you had told them. But given that your surgery was two months after your visa expiry, is not good. Had you been admitted urgently shortly before surgery, there would likely have been a concession. Your surgery appears to be a planned procedure.

[Casa]

I believe that according to this document, the NHS are now required to carry out pre-admission checks and notify patients that unpaid charges will affect their immigration applications. You probably slipped through the net due to having previously held a valid visa.

8. For pre-attendance forms and invoices/undertaking to pay documents:
If you fail to pay for NHS treatment for which charges have been applied, it may
result in a future immigration application to enter or remain in the UK being denied.
Necessary non-clinical personal information may be passed via the Department of
Health (DH) to the Home Office for this purpose

https://www.gov.uk/government/uploads/s ... s_2016.pdf

[rosto]

No, you likely won't be arrested. Any future visa applications will be difficult though.

What visa is your father on then? Did he apply for ILR?? If you were a dependent on your father's visa, you could have applied with him if he was applying for ILR.

You are going to have a real hefty NHS bill. Any visa in future with NHS bills outstanding will fail.

I don't understand why you think HO would be aware of your surgery. HO and NHS are two independent gov departments. NHS mostly is confidential. HO would only be aware IF you had told them. But given that your surgery was two months after your visa expiry, is not good. Had you been admitted urgently shortly before surgery, there would likely have been a concession. Your surgery appears to be a planned procedure.

It was planned yes,things went downhill last year. I know I should have extended my visa. My father was on ancestery when he came over but he successfully became a british citizen. As for HO, I thought the NHS would have to pass on info towards HO,that's all.

[Casa]

I believe the NHS are now required to do so (as in my link), but you appear to have slipped through their net.