PR after overstaying

[Daniann]

Guys ,
I am really confused...
I was overstayed in 2011 for 7 month then I had 5 years visa based on my EEA wife ( am family member of EEA)
And now both we applied for PR ,
If I have granted PR I can't apply for BC after 12 month from the PR date because I was overstayed in 2011????
Please can some one explain that if give me correct openion ?
Thanks

[Daniann]

Guys ,
I am really confused...
I was overstayed in 2011 for 7 month then I had 5 years visa based on my EEA wife ( am family member of EEA)
And now both we applied for PR ,
If I have granted PR I can't apply for BC after 12 month from the PR date because I was overstayed in 2011????
Please can some one explain that if give me correct openion ?
Thanks

Please anyone can give me opinion about my question ?

[noajthan]

Start here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

[ohara]

The 10 year ban starts from when you become legal. It sounds like you became legal when you married your EEA spouse in 2011, therefore an application for citizenship before 2021 would probably be unsuccessful.

Also you don't get granted PR, you have either acquired it or you haven't. You are only apply for confirmation.

[Daniann]

Start here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Thank you Noajthan,
But I went through the link you sent me and it didn't say anything about overstayed and in the same time I don't have any kind of criminal record.
If follow this link

https://www.gov.uk/becoming-a-british-citizen
It say ( not broken any immigration laws while in the Uk)
And I was overstayed for 7 month before I had my 5 years visa as family member of EEA
So is that mean I can't apply for BC after I have PR ?

[Daniann]

The 10 year ban starts from when you become legal. It sounds like you became legal when you married your EEA spouse in 2011, therefore an application for citizenship before 2021 would probably be unsuccessful.

Also you don't get granted PR, you have either acquired it or you haven't. You are only apply for confirmation.

But the standard requirement for BC through EEA law say 12 month after PR? I never heard about 10 years ?

[ohara]

One of the requirements:

you’re of good character, for example, you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years

As you have been in breach of immigration law (your period of overstay), you have most likely attracted the 10 year ban.

[Daniann]

One of the requirements:

you’re of good character, for example, you don’t have a serious or recent criminal record, and you haven’t tried to deceive the Home Office or been involved in immigration offences in the last 10 years

As you have been in breach of immigration law (your period of overstay), you have most likely attracted the 10 year ban.

Being overstayed for 7 month considered as immigration offences..!

[ohara]

Yes.

https://www.gov.uk/government/uploads/s ... 060412.pdf

Overstaying Section 24(1)
(b)(i)
Offence of knowingly remaining
beyond the time limited by leave.
As for section
24(1)(a).
The offence is committed on the day
the person first knows his leave has
expired and continues to be committed
throughout any period during which
he thereafter remains in the United
Kingdom.

[Daniann]

Yes.

https://www.gov.uk/government/uploads/s ... 060412.pdf

Overstaying Section 24(1)
(b)(i)
Offence of knowingly remaining
beyond the time limited by leave.
As for section
24(1)(a).
The offence is committed on the day
the person first knows his leave has
expired and continues to be committed
throughout any period during which
he thereafter remains in the United
Kingdom.

Ok
If my wife became BC is that will affect my PR ?do I need to change to another route!
It's really start to be complicated

[ohara]

Ok
If my wife became BC is that will affect my PR ?do I need to change to another route!
It's really start to be complicated

As long as you have actually acquired PR, then no it will have no effect if your wife becomes a BC. I suggest you wait until you have your PR card before you wife becomes British.

[Daniann]

Ok
If my wife became BC is that will affect my PR ?do I need to change to another route!
It's really start to be complicated

As long as you have actually acquired PR, then no it will have no effect if your wife becomes a BC. I suggest you wait until you have your PR card before you wife becomes British.

Ok thank you
I have one question ,I was overstayed because at that time start civil war in my country ( am Syrian ) ,do you think the HO take that into consideration and dosnt consider my overstayed as criminal offences so I could apply for BC 12 month after the PR

[ohara]

Did you apply for asylum?

[Daniann]

Did you apply for asylum?

No I didn't

[CR001]

Then you were an overstayer and this will count against you if you make an application for citizenship 12 months after PR as you will fail the good character requirement.

[Daniann]

Then you were an overstayer and this will count against you if you make an application for citizenship 12 months after PR as you will fail the good character requirement.

Ok I understand

But is that will have any impact on my child ( we planning to have child next year ) I mean they will be British ? ...
I was hoping to get BC the same time with my lovely wife so our child will be British

[Daniann]

Then you were an overstayer and this will count against you if you make an application for citizenship 12 months after PR as you will fail the good character requirement.

Ok I understand

But is that will have any impact on my child ( we planning to have child next year ) I mean they will be British ? ...
I was hoping to get BC the same time with my lovely wife so our child will be British

[CR001]

If you have PR, then your child will be automatically British.

[Daniann]

If you have PR, then your child will be automatically British.

Perfect that what I need to be sure from . And I am happy to wait it's didn't matter for me ..
thank you

[secret.simon]

If you have PR, then your child will be automatically British.

Only if born in the UK. If born abroad, it will have the status of the less-privileged parent.