British citizenship application, overstayed by around 40 days in 2011

[john232]

Hi all,

once again I find myself in need of your valuable assistance. I am about to send through my application for a British citizenship, having had my appeal for my permanent residence granted and permanent residence acquired since July 2016. I have however overstayed for around 40 days in 2011 and wonder if this will lead to my application now being refused?

I came to the UK as a student in Jan 2007 and was granted a PSW visa that expired in November 2010. prior to the expiry date and in order to get married, I sent across a request for COA in around September 2010 which was not granted on time before my visa expired. to retain my legal status, I applied on time for FLR(o) which was dismissed and a following appeal was also not successful, having applied using the wrong application. my COA arrived in April and I got married in May and was granted residence since.

considering the COA was deemed unlawful and I wouldn't have had a breach of the immigration rules if I didn't have to wait for the COA, what are the chances of my application now being accepted or refused? would you have any recommendations please?

I meet all the other requirements and this incident happened outside the qualifying period but I was told this would count towards the good character requirement.

thanks

[cyclina1]

As you overstayed for more than 28 days, you may be refused on good character ground. it needs 10 years to clear, for breaking immigration rule.

[Hassan7861]

Hi all,

once again I find myself in need of your valuable assistance. I am about to send through my application for a British citizenship, having had my appeal for my permanent residence granted and permanent residence acquired since July 2016. I have however overstayed for around 40 days in 2011 and wonder if this will lead to my application now being refused?

I came to the UK as a student in Jan 2007 and was granted a PSW visa that expired in November 2010. prior to the expiry date and in order to get married, I sent across a request for COA in around September 2010 which was not granted on time before my visa expired. to retain my legal status, I applied on time for FLR(o) which was dismissed and a following appeal was also not successful, having applied using the wrong application. my COA arrived in April and I got married in May and was granted residence since.

considering the COA was deemed unlawful and I wouldn't have had a breach of the immigration rules if I didn't have to wait for the COA, what are the chances of my application now being accepted or refused? would you have any recommendations please?

I meet all the other requirements and this incident happened outside the qualifying period but I was told this would count towards the good character requirement.

thanks

If u dont have money problem then i suggest u apply for it take a chance and explain everything in a covering letter . Tell them u made the application in good faith and it was not ur intentions to break any immigration law. U might have a chance if u were not working in those 40 days. As u have done everything in ur power to stay legal. I might be in a same boat as u are i applied for spouse visa 3 months before the expiry of my student visa but my application become invalid because of non payment it took me 62 days to reapply as i had moved to new address but later spouse visa was granted. My ilr long residency was rejected due to these 62 days i appealed and explained everything ro the judge he gave decesion in my favour and wrote in judgement that the delay was also caused by home office and i wasnt given any chance to pay the application fee again. I will apply for BC in january 2019 and will attach the judgement with the application. All we could lose is 1200 pounds

[Hstepper07]

If I remember correctly, COA was a requirement to marry in the UK as a non EEA National. If you made an application for a COA before your visa expired, you had up to 3 months on your visa bf it expired (which was a requirement at the time) and they took time in responding, you are not entirely to blame.
You should explain this in a cover letter.

[john232]

Hey guys, thanks for the reply, it is a gamble I am willing to take instead of waiting not knowing that I could be eligible. I sent my application last week with a cover letter explaining the situation and my argument along with a p45 from when I quit my job in order not to breach the law by being an illegal worker. The lawyer said it will be at the discretion of the caseworker and I'm hoping for a positive outcome still...

[Hstepper07]

Hey guys, thanks for the reply, it is a gamble I am willing to take instead of waiting not knowing that I could be eligible. I sent my application last week with a cover letter explaining the situation and my argument along with a p45 from when I quit my job in order not to breach the law by being an illegal worker. The lawyer said it will be at the discretion of the caseworker and I'm hoping for a positive outcome still...

Best of luck. Please let us know the outcome.

[Hassan7861]

Hi john
Please keep us updated about your application. As i am in the same boat as you r i have 62 days gap and im applying in january 2019 for my citizenship. What i did i got SAR HMRC got my 10 year record drom them to send the home office to prove that i wasnt working or studying in those 62 days.

[john232]

That's a good shout, I requested my SAR almost 2 month ago and should hopefully receive it soon, will send it as additional evidence. Will keep you posted.

[john232]

Hey guys, I've already had a reply from the HO and was finally granted the citizenship, I could not be any happier good luck with yours.
My gut feeling paid off and I might have been lucky this time but still thanks to the support from everyone in this forum, those who encouraged and who didn't.