British Citizenship- Overstayed 2 years

[rajajin]

Can moderate help please,
My sister overstayed her study visa 2 years and left UK in 2011.
back to UK on FP (married EU citizen)
acquired PR, Now she is going to apply BC in June.
solicitor advised that by current law she cannot apply until 2021 due to Good character.
is that true?
if yes is there anyway she can ask HO that she qualify or not?
and if she apply now will they refused is there any discretion?

[CR001]

My sister overstayed her study visa 2 years and left UK in 2011.

What date did she leave the UK exactly?

back to UK on FP (married EU citizen)

What date did she get married and where did she get married (UK or Abroad)?? What date did she enter the UK with the EEA FP?

[rajajin]

My sister overstayed her study visa 2 years and left UK in 2011.

What date did she leave the UK exactly?

back to UK on FP (married EU citizen)

What date did she get married and where did she get married (UK or Abroad)?? What date did she enter the UK with the EEA FP?

Left UK 11th-Jan-2011
Married in Pakistan 27th Feb-2011
Re-enter UK on EEA FP 29th June 2011

[CR001]

acquired PR, Now she is going to apply BC in June.

She doesn't meet the Good Character Requirement.

solicitor advised that by current law she cannot apply until 2021 due to Good character.
is that true?

Yes it is true. british-citizenship/british-citizenship ... 05532.html

if yes is there anyway she can ask HO that she qualify or not?

No, they offer general advice, they don't look into her history and give professional immigration/nationality advice.

and if she apply now will they refused is there any discretion?

No discretion usually.

[rajajin]

My sister overstayed her study visa 2 years and left UK in 2011.

What date did she leave the UK exactly?

back to UK on FP (married EU citizen)

What date did she get married and where did she get married (UK or Abroad)?? What date did she enter the UK with the EEA FP?

Left UK 11th-Jan-2011
Married in Pakistan 27th Feb-2011
Re-enter UK on EEA FP 29th June 2011

so whats the best advice is to wait till 2021?

[CR001]

Yes, on or after 29th June 2021.

[CourtneyRad]

Yes, on or after 29th June 2021.

Hiya, can I just tack a query onto this one Char? You said she should wait until 29th June. Why not Jan 11th 2021? Would she not be considered no longer breaking immigration laws as soon as she left the UK and so the 10 year ban would start from then?

Thanks!!

[CMOSUK]

Yes, on or after 29th June 2021.

Hiya, can I just tack a query onto this one Char? You said she should wait until 29th June. Why not Jan 11th 2021? Would she not be considered no longer breaking immigration laws as soon as she left the UK and so the 10 year ban would start from then?

Thanks!!

Re-enter UK on EEA FP 29th June 2011

10 years continous will have been counted from when she entered the UK.

[CourtneyRad]

Yes, on or after 29th June 2021.

Okay thanks. Is that only applicable to EEA or under all categories?

[CR001]

Yes, on or after 29th June 2021.

Okay thanks. Is that only applicable to EEA or under all categories?

All categories. You must have 10 years legal stay.