hanisaif wrote: ↑Thu Dec 12, 2019 10:06 pm
Hi all,
I am currently holding an ILR, technically I could apply for UK citizenship in 9 months. Given that all other requirements are satisfied, could being covered under Section 3C at some point in the past 10 years (and more than 5 years ago) be an issue when applying for citizenship?
My ILR route was via Tier 4 and Tier 2, but there was a period where I was awaiting decision including an appeal that was later withdrawn.
Any help is much appreciated.
You were covered by Section 3C until you withdrew it, i.e. your overstay reverted back to the entire duration from the end of your previous valid visa until you were issued with another visa. Although this did not affect your ILR under Immigration rules, you may still be refused British Citizenship under Nationality law because of that overstay as it was less than 10 years ago. Discretion may be applied as per Good Character document under Overstaying. My advice to you is to apply for a SAR (Subject Access Request) since you have plenty of time to go before your potential BC application date and see what they have on your record.
See Withdrawal of appeals:
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Page 8 of Guide AN booklet:
Just because you were given indefinite leave to remain does not mean that we will
automatically disregard the time you were in breach of immigration laws during the
residential qualifying period. Any immigration offences will also be considered as
part of the good character requirement. This includes immigration breaches in the
10year period before you apply for naturalisation – see the section on good
character.
See Overstaying on page 47:
https://assets.publishing.service.gov.u ... dance.pdf
