Brief history:
- Came in 2001 (I was 4)
- Not sure what happened here, had a LTR visa for a while
- Given DLR in 2011 (14)
- Given ILR in early 2018 (20)
- Want to apply for BC now after 1 year of ILR
I am aware of the 10 year rule in regards to overstaying. So for me I guess they will look back at my history since 2009. No idea what my status was before DLR as I was a dependent and my mum was responsible for all of this stuff. But as far as I’m aware, before 2011, there was a period without leave.
However, in the new guideline policy, under overstaying, it says:
Where a person overstayed at some point in the 10 years prior to an application for citizenship, discretion to overlook this breach will normally only be considered if it is the sole adverse factor weighing against the person’s good character; and
• the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or
• the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or
• the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider.
So.... Am I right in thinking there’s a chance (however small) discretion could be applied in my case if the caseworker finds that its the only thing weighing against me and since the period without leave was not my fault (I believe that last bullet point applies to me as I was a child and did not overstay intentially)?