Overstay and ILR

[KatieWills]

Hi all,

Hopefully some straightforward questions with regards to hubby's future ILR/citizenship.

Quick background:

I am a UK citizen, hubby is from NZ. He is currently here on a spouse visa, entered in Sept 2016.

In 2015 he overstayed a visitor visa by 3 months, was detained and bought his own ticket home. No problems with issuing of spouse visa, apart from some questioning on entry at Heathrow.

1. When it comes to applying for his ILR in 2021, am I right in thinking that he could be refused because of the overstay? There was no frustrating of the immigration rules along with the overstay, however this section of the rules seems broad-ranging:

"322. Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused..

(3) failure to comply with any conditions attached to the grant of leave to enter or remain;"

https://www.gov.uk/guidance/immigration ... or-refusal

The "conditions" being those attached to the overstayed visitor visa.

2. If he is refused based on the above, am I right in thinking that he would be automatically issued with a further 2.5 years extension of the spouse visa, assuming all conditions are met?

3. Is it pretty much given that he would fail a citizenship application before 10 years have elapsed since the breach of immigration rules?

Thanks in advance.

[Casa]

Overstaying the visitor visa isn't relevant to his ILR application.

[KatieWills]

Thank you Casa, that's great to know!

[CR001]

But it will very likely affect a British Citizenship application under the tougher good character requirements.

Casa has also provided advice in relation to how the rules are now. Anything can change by the time he applies for ILR.

[KatieWills]

Thank you CR001, we are probably going to wait the 10 years before applying for his citizenship as it seems doomed to fail due to the overstay. With regards to ILR, assuming the rules change and hubby wouldn't be eligible after 5 years, would we just apply via FLR(M) until he hits 10 years legal residence?

[Casa]

Thank you CR001, we are probably going to wait the 10 years before applying for his citizenship as it seems doomed to fail due to the overstay. With regards to ILR, assuming the rules change and hubby wouldn't be eligible after 5 years, would we just apply via FLR(M) until he hits 10 years legal residence?

Yes

[KatieWills]

Thank you Casa.