BC - Good Character (previous overstay)

[D311]

Hi All,

Apologies for the long post.

I have successfully got ILR under SET M and now preparing for BC. However I am worrying that became an overstayer in 2012 will affect my application. (CR001 briefly adviced me on this when I was applying for my ILR) But any advice would be highly appreciated.

My immigration history as follows.

1. 4th of October 2010 arrived UK - student visa valid until 30th January 2012
2. 13th of January 2012 applied student visa extension by my college behalf of me by post but returned invalid as HO couldn't charge the money from the bank
3. 7th of February 2012 college applied again by post but refused on the 18th April 2018 saying I have insufficient funds. (when I applied it was old rules and only £1300 needed for funds but seem like they took my application under new rules after April 2012 and the funds were increased)I had to wait until May/ June 2012 to apply again as I had to keep the money in the bank for 28 days. I kept contact with the HO by letters and by calls about the application. (By this time I had my fiance and my family and friends help immensely with all the help I needed.)
4. Visa granted on the 28th of August (until 28th of August 2013) almost after 7 months .
5. Applied for another student visa extension. Visa granted on the 2nd of September 2013 (until 28th of December 2015)
6. I got married to my fiance who is British citizen a month later and on the 7th of May 2014 we applied for FLR M visa and granted (until 7th of November 2016)on the same day as we went to the premium service.
7.Applied for FLR M extension October 2016 and granted this visa until 7th of May 2019.
8. Granted ILR - SET M on the 12th of April 2019

I read others post on this forum about good character. It seems like depend on the case worker they ask more information about the period of overstay by sending a questionnaire and in some occasions they refuse your application under good character straight away.

I was living in a shared accommodation by then so I never had any bills in my name as the rent included all bills. I basically paid for rent, food and university college fee. I had some savings in my bank account. My partner(now husband) was working that time in retail those days. We have his P60 for that time, bank statements showing his salary going in and also transferring some money to me but most of the times he gave me cash if I needed any.

As a souse of a British citizen, I am eligible to apply for BC now that I have ILR. What should I do? Shall I wait until 2022 until it become 10 years for my lawful stay complete or shall I apply anyway and see the outcome of it?

I understand nobody can say what will happen but your advice and thoughts are much appreciated

Thanks in advance

[London22]

I think you should apply for BC .There is discretion that HO applies in such cases where applicant doesnt overstay deliberately and doesnt keep in contact with home office.Your case can trigger a discrrtion if explained in full details all circumstances.When an applicant overstays &forgets home office untill cirxumstances get changed and launched a new application HO likely refuses such an applicant for BC.
I hate this reverse character check of applicants.This overstay rule is nonsensical and an abuse of power and was basically made to target refugees.
Goodluck

[Zeebro44]

Hi All,

Apologies for the long post.

I have successfully got ILR under SET M and now preparing for BC. However I am worrying that became an overstayer in 2012 will affect my application. (CR001 briefly adviced me on this when I was applying for my ILR) But any advice would be highly appreciated.

My immigration history as follows.

1. 4th of October 2010 arrived UK - student visa valid until 30th January 2012
2. 13th of January 2012 applied student visa extension by my college behalf of me by post but returned invalid as HO couldn't charge the money from the bank
3. 7th of February 2012 college applied again by post but refused on the 18th April 2018 saying I have insufficient funds. (when I applied it was old rules and only £1300 needed for funds but seem like they took my application under new rules after April 2012 and the funds were increased)I had to wait until May/ June 2012 to apply again as I had to keep the money in the bank for 28 days. I kept contact with the HO by letters and by calls about the application. (By this time I had my fiance and my family and friends help immensely with all the help I needed.)
4. Visa granted on the 28th of August (until 28th of August 2013) almost after 7 months .
5. Applied for another student visa extension. Visa granted on the 2nd of September 2013 (until 28th of December 2015)
6. I got married to my fiance who is British citizen a month later and on the 7th of May 2014 we applied for FLR M visa and granted (until 7th of November 2016)on the same day as we went to the premium service.
7.Applied for FLR M extension October 2016 and granted this visa until 7th of May 2019.
8. Granted ILR - SET M on the 12th of April 2019

I read others post on this forum about good character. It seems like depend on the case worker they ask more information about the period of overstay by sending a questionnaire and in some occasions they refuse your application under good character straight away.

I was living in a shared accommodation by then so I never had any bills in my name as the rent included all bills. I basically paid for rent, food and university college fee. I had some savings in my bank account. My partner(now husband) was working that time in retail those days. We have his P60 for that time, bank statements showing his salary going in and also transferring some money to me but most of the times he gave me cash if I needed any.

As a souse of a British citizen, I am eligible to apply for BC now that I have ILR. What should I do? Shall I wait until 2022 until it become 10 years for my lawful stay complete or shall I apply anyway and see the outcome of it?

I understand nobody can say what will happen but your advice and thoughts are much appreciated

Thanks in advance

I don't think so they will refuse your application becos you married with british citizen if some one partner of BC they normally free from immigration restriction one of my friend was overstay for 3 years and after that he got marry with his british wife and he went back home country and came back at spouse visa and after 5 years he got BC u don't need to worry u must apply .

[D311]

I think you should apply for BC .There is discretion that HO applies in such cases where applicant doesnt overstay deliberately and doesnt keep in contact with home office.Your case can trigger a discrrtion if explained in full details all circumstances.When an applicant overstays &forgets home office untill cirxumstances get changed and launched a new application HO likely refuses such an applicant for BC.
I hate this reverse character check of applicants.This overstay rule is nonsensical and an abuse of power and was basically made to target refugees.
Goodluck

Many thanks for the encouragement London22.

[mykl85]

Hi All,

Apologies for the long post.

I have successfully got ILR under SET M and now preparing for BC. However I am worrying that became an overstayer in 2012 will affect my application. (CR001 briefly adviced me on this when I was applying for my ILR) But any advice would be highly appreciated.

My immigration history as follows.

1. 4th of October 2010 arrived UK - student visa valid until 30th January 2012
2. 13th of January 2012 applied student visa extension by my college behalf of me by post but returned invalid as HO couldn't charge the money from the bank
3. 7th of February 2012 college applied again by post but refused on the 18th April 2018 saying I have insufficient funds. (when I applied it was old rules and only £1300 needed for funds but seem like they took my application under new rules after April 2012 and the funds were increased)I had to wait until May/ June 2012 to apply again as I had to keep the money in the bank for 28 days. I kept contact with the HO by letters and by calls about the application. (By this time I had my fiance and my family and friends help immensely with all the help I needed.)
4. Visa granted on the 28th of August (until 28th of August 2013) almost after 7 months .
5. Applied for another student visa extension. Visa granted on the 2nd of September 2013 (until 28th of December 2015)
6. I got married to my fiance who is British citizen a month later and on the 7th of May 2014 we applied for FLR M visa and granted (until 7th of November 2016)on the same day as we went to the premium service.
7.Applied for FLR M extension October 2016 and granted this visa until 7th of May 2019.
8. Granted ILR - SET M on the 12th of April 2019

I read others post on this forum about good character. It seems like depend on the case worker they ask more information about the period of overstay by sending a questionnaire and in some occasions they refuse your application under good character straight away.

I was living in a shared accommodation by then so I never had any bills in my name as the rent included all bills. I basically paid for rent, food and university college fee. I had some savings in my bank account. My partner(now husband) was working that time in retail those days. We have his P60 for that time, bank statements showing his salary going in and also transferring some money to me but most of the times he gave me cash if I needed any.

As a souse of a British citizen, I am eligible to apply for BC now that I have ILR. What should I do? Shall I wait until 2022 until it become 10 years for my lawful stay complete or shall I apply anyway and see the outcome of it?

I understand nobody can say what will happen but your advice and thoughts are much appreciated

Thanks in advance

D311,
Did you apply for British Citizen already? We got the same situation. I am about to apply for BC.

[zimba]

DO NOT bump old posts. The OP has not visited here since April