TEEN WITH QUESTIONS ABOUT ONLINE APPLICATION

[clejazv]

Hello,

A bit of background info on myself: I am currently a teenager who came to this country during my early childhood and have lived here ever since. It is important to note that, at one point in my life, my parents overstayed our visas. However, we eventually gained ILR etc. and this all occurred when I was a child and unaware of any of this.

As I have now reached the age of 18, I now hold the responsibility of making my own application for citizenship. After reading through the guidance, I started my application online. My main question relates to the questions regarding residence.

One of the questions state:
If you are the husband, wife, or civil partner of a British citizen, you must have been in the UK for the last 3 years. If you are not the husband, wife, or civil partner of a British citizen, you must have been in the UK for the last 5 years. This is called your ‘qualifying period’.

You must have been in the UK on the first day of your 3-year or 5-year qualifying period
You must not have spent more than 270 days outside the UK during a 3-year qualifying period, or 450 days during a 5-year qualifying period
You must not have been outside the UK for more than 90 days in the last 12 months
You must not have been here illegally in the 3-year or 5-year qualifying period

While I do meet these requirements, I remember reading something in the guidance about how if you were in the country illegally at any point 10 years before the application was made, the application can still be rejected. Though I was not in the country illegally in the 5-year qualifying period, I was during the 10 year period mentioned in the guidance. Hence, my question is that, the question regarding special circumstances (i.e. Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?), should I click 'yes'? If so, what sort of information should I provide for this question and the one following it (i.e.If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?)? If anyone has any templates or anything I could follow, that would be much appreciated!

Thank you in advance.

[alterhase58]

For members to comment on your queries you need to supply more details of your/your family's timeline in the UK, details of visas and status obtained from UKVI. Overstaying comes under the "Good Character" requirement. See caseworker guidance: https://assets.publishing.service.gov.u ... idance.pdf
To be confirmed by members, but my understanding is that you normally have to wait 10 years for naturalisation from the date your status was regularised by the Home Office UKVI.

[clejazv]

Double post sorry

[clejazv]

For members to comment on your queries you need to supply more details of your/your family's timeline in the UK, details of visas and status obtained from UKVI. Overstaying comes under the "Good Character" requirement. See caseworker guidance: https://assets.publishing.service.gov.u ... idance.pdf
To be confirmed by members, but my understanding is that you normally have to wait 10 years for naturalisation from the date your status was regularised by the Home Office UKVI.

Hello,

Thank you for your reply.

We came to the UK in 2002 with entry clearance. During this period my parents overstayed, while I was still a child. In 2011, we received Discretionary Leave to Remain. In 2017, we received Indefinite Leave to Remain in the UK.

All my other siblings are all British citizens as they were born here.

When reading the guidance, it states that you should not have overstayed in the last 10 years to meet the good character requirement. Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor? Or would I have to wait until the 10 years have passed to make an application?

Thank you.

[Djsuccess]

For members to comment on your queries you need to supply more details of your/your family's timeline in the UK, details of visas and status obtained from UKVI. Overstaying comes under the "Good Character" requirement. See caseworker guidance: https://assets.publishing.service.gov.u ... idance.pdf
To be confirmed by members, but my understanding is that you normally have to wait 10 years for naturalisation from the date your status was regularised by the Home Office UKVI.

Hello,

Thank you for your reply.

We came to the UK in 2002 with entry clearance. During this period my parents overstayed, while I was still a child. In 2011, we received Discretionary Leave to Remain. In 2017, we received Indefinite Leave to Remain in the UK.

All my other siblings are all British citizens as they were born here.

When reading the guidance, it states that you should not have overstayed in the last 10 years to meet the good character requirement. Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor? Or would I have to wait until the 10 years have passed to make an application?

Thank you.

Have your parents applied for citizenship? I believe there was a similar case to yours here sometimes ago (you can search the forum). I am not entirely sure if the caseworker can apply discretion, given that you were a minor during the overstay and it was due to no fault of yours. However, the standard response will be to wait till the overstay is past 10 years before applying.

[clejazv]

For members to comment on your queries you need to supply more details of your/your family's timeline in the UK, details of visas and status obtained from UKVI. Overstaying comes under the "Good Character" requirement. See caseworker guidance: https://assets.publishing.service.gov.u ... idance.pdf
To be confirmed by members, but my understanding is that you normally have to wait 10 years for naturalisation from the date your status was regularised by the Home Office UKVI.

Hello,

Thank you for your reply.

We came to the UK in 2002 with entry clearance. During this period my parents overstayed, while I was still a child. In 2011, we received Discretionary Leave to Remain. In 2017, we received Indefinite Leave to Remain in the UK.

All my other siblings are all British citizens as they were born here.

When reading the guidance, it states that you should not have overstayed in the last 10 years to meet the good character requirement. Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor? Or would I have to wait until the 10 years have passed to make an application?

Thank you.

Have your parents applied for citizenship? I believe there was a similar case to yours here sometimes ago (you can search the forum). I am not entirely sure if the caseworker can apply discretion, given that you were a minor during the overstay and it was due to no fault of yours. However, the standard response will be to wait till the overstay is past 10 years before applying.

Thank you for your response.

My parents are not currently applying for citizenship, as they are waiting to surpass the 10 years. I've decided to apply now as I attend university in the UK and believe it would be more convenient for me to have British citizenship as I will need to travel to Europe as part of my degree.

If it isn't a bother, would you be able to guide me to the case you've mentioned? I am new to this forum and am not so clear as to how find specific cases.

Thank you for your time and help.

[Djsuccess]

For members to comment on your queries you need to supply more details of your/your family's timeline in the UK, details of visas and status obtained from UKVI. Overstaying comes under the "Good Character" requirement. See caseworker guidance: https://assets.publishing.service.gov.u ... idance.pdf
To be confirmed by members, but my understanding is that you normally have to wait 10 years for naturalisation from the date your status was regularised by the Home Office UKVI.

Hello,

Thank you for your reply.

We came to the UK in 2002 with entry clearance. During this period my parents overstayed, while I was still a child. In 2011, we received Discretionary Leave to Remain. In 2017, we received Indefinite Leave to Remain in the UK.

All my other siblings are all British citizens as they were born here.

When reading the guidance, it states that you should not have overstayed in the last 10 years to meet the good character requirement. Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor? Or would I have to wait until the 10 years have passed to make an application?

Thank you.

Have your parents applied for citizenship? I believe there was a similar case to yours here sometimes ago (you can search the forum). I am not entirely sure if the caseworker can apply discretion, given that you were a minor during the overstay and it was due to no fault of yours. However, the standard response will be to wait till the overstay is past 10 years before applying.

Thank you for your response.

My parents are not currently applying for citizenship, as they are waiting to surpass the 10 years. I've decided to apply now as I attend university in the UK and believe it would be more convenient for me to have British citizenship as I will need to travel to Europe as part of my degree.

If it isn't a bother, would you be able to guide me to the case you've mentioned? I am new to this forum and am not so clear as to how find specific cases.

Thank you for your time and help.

Here is a similar case for you to read

british-citizenship/british-citizenship ... d#p1708201

[xavieryves]

Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor?

There is no reason for you to be penalised as you were a minor at the time of overstay. In addition to what's been linked above: https://assets.publishing.service.gov.u ... .0-ext.pdf page 27

You must only exercise discretion to disregard a period of unlawful residence if there are reasons for this which were clearly outside the applicant’s control, or if the breach was genuinely inadvertent and short.

Examples of when you might exercise discretion include where:
• the breach occurred at a time when the applicant was a minor whose parents failed to obtain or renew their leave

Also see this:
https://assets.publishing.service.gov.u ... idance.pdf page 46

When assessing failure to comply with immigration requirements, it will normally be appropriate to disregard failure relating to a child when assessing their good character, if it is accepted this was outside of their control. For example, where a parent applied for the child to come to the UK as their dependant but failed to apply for an extension of leave when the child’s temporary leave expired, the child should not be penalised.

Anecdotally, though slightly different, I breached my visa less than 10 years ago and 2 of my dependants at the time, one being minor at the time are now British Citizens without being affected by my own breach.

If you meet all the other requirements you should go ahead and apply ensuring you reference the 2 documents linked above in your application.

[xavieryves]

I breached my visa less than 10 years ago

Correction - my visa breach was more than 10 years ago but it's still less than 10 years since my visa was regularised after the breach. So even though I have to wait (like your parents), my dependants were not affected and did not need to serve the 10 years.

[clejazv]

Do you think I could make a case for special circumstances to the Home Secretary in the application, on the basis that my overstaying was not my fault as I was a minor?

There is no reason for you to be penalised as you were a minor at the time of overstay. In addition to what's been linked above: https://assets.publishing.service.gov.u ... .0-ext.pdf page 27

You must only exercise discretion to disregard a period of unlawful residence if there are reasons for this which were clearly outside the applicant’s control, or if the breach was genuinely inadvertent and short.

Examples of when you might exercise discretion include where:
• the breach occurred at a time when the applicant was a minor whose parents failed to obtain or renew their leave

Also see this:
https://assets.publishing.service.gov.u ... idance.pdf page 46

When assessing failure to comply with immigration requirements, it will normally be appropriate to disregard failure relating to a child when assessing their good character, if it is accepted this was outside of their control. For example, where a parent applied for the child to come to the UK as their dependant but failed to apply for an extension of leave when the child’s temporary leave expired, the child should not be penalised.

Anecdotally, though slightly different, I breached my visa less than 10 years ago and 2 of my dependants at the time, one being minor at the time are now British Citizens without being affected by my own breach.

If you meet all the other requirements you should go ahead and apply ensuring you reference the 2 documents linked above in your application.

Thank you very much for this! It is much appreciated.