Naturalisation application - am I an overstayer?

[kiran2044]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider".

Many thanks

[CR001]

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)?

Yes, you had no valid leave to remain from the date your psw visa expired till the EEA EFM RC was issued.

Unclear how it is not your fault or whose fault you believe it is. It is and has been well known and documented online that applications to UKVI take time and you should have planned accordingly.

[London22]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

You must apply as I see you have more chances of being approved for citizenship. Overstaying can be disregarded if it is short which is in your case,not the applicant's fault,the applicant has made an on-time application,hasn't worked during the period .
Recently on 30th September HO has changed its good character guidance by adding POSITVE CHARACTER .So from now caseworkers will have to look at the positive characters of the applicants .However as the HO is politicised so a good change from this govt is not expected overall .

[kiran2044]

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)?

Yes, you had no valid leave to remain from the date your psw visa expired till the EEA EFM RC was issued.

Unclear how it is not your fault or whose fault you believe it is. It is and has been well known and documented online that applications to UKVI take time and you should have planned accordingly.

I applied for EEA EFM RC on 03 July 2013, this was the earliest I could apply in order to complete 2 year co-habitation (unmarried partner). And this date was before my PSW expired (30 Aug 2013).
Home office had my passport from Jul 2013 to Nov 2013, so couldn't leave UK even if I wanted to, in order to avoid being overstayer. So, I am hoping for Home Office to apply discretion.

[kiran2044]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

You must apply as I see you have more chances of being approved for citizenship. Overstaying can be disregarded if it is short which is in your case,not the applicant's fault,the applicant has made an on-time application,hasn't worked during the period .
Recently on 30th September HO has changed its good character guidance by adding POSITVE CHARACTER .So from now caseworkers will have to look at the positive characters of the applicants .However as the HO is politicised so a good change from this govt is not expected overall .

Thank you, I will apply this weekend.
Do you reckon I should mention this issue (overstaying) at the end of the application form in the additional information section or shall I not mention anything and, just wait and see if Home Office will not even bother about this or will send a questionnaire asking for reason for overstaying?

[London22]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

You must apply as I see you have more chances of being approved for citizenship. Overstaying can be disregarded if it is short which is in your case,not the applicant's fault,the applicant has made an on-time application,hasn't worked during the period .
Recently on 30th September HO has changed its good character guidance by adding POSITVE CHARACTER .So from now caseworkers will have to look at the positive characters of the applicants .However as the HO is politicised so a good change from this govt is not expected overall .

Thank you, I will apply this weekend.
Do you reckon I should mention this issue (overstaying) at the end of the application form in the additional information section or shall I not mention anything and, just wait and see if Home Office will not even bother about this or will send a questionnaire asking for reason for overstaying?

Nationality application is always thoroughly checked .The caseworker will know about this .But I don't think you should mention this. If they send questionnaire then you should explain in detail & hopefully you will be fine.
Goodluck

[kiran2044]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

You must apply as I see you have more chances of being approved for citizenship. Overstaying can be disregarded if it is short which is in your case,not the applicant's fault,the applicant has made an on-time application,hasn't worked during the period .
Recently on 30th September HO has changed its good character guidance by adding POSITVE CHARACTER .So from now caseworkers will have to look at the positive characters of the applicants .However as the HO is politicised so a good change from this govt is not expected overall .

Thank you, I will apply this weekend.
Do you reckon I should mention this issue (overstaying) at the end of the application form in the additional information section or shall I not mention anything and, just wait and see if Home Office will not even bother about this or will send a questionnaire asking for reason for overstaying?

Nationality application is always thoroughly checked .The caseworker will know about this .But I don't think you should mention this. If they send questionnaire then you should explain in detail & hopefully you will be fine.
Goodluck

Thank you very much.

[secret.simon]

Keep in mind that if the naturalisation application is rejected (and it is quite likely, based on the overstay), you lose the application fee (minus a refund of the £80 for the citizenship ceremony). So factor in whether you can afford to lose approximately £1100.

[kiran2044]

Keep in mind that if the naturalisation application is rejected (and it is quite likely, based on the overstay), you lose the application fee (minus a refund of the £80 for the citizenship ceremony). So factor in whether you can afford to lose approximately £1100.

Thank you very much for the advice.

[Mani913]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

Hi Kiran
I was wondering if you have applied for naturalisation and what was the outcome ?
I am in similar position and was overstayer for few months in 2014. My Psw was expired and had no clue what to do . I applied for Eea2 residence card.
I now have settled status (ILR) but I understand that home office check history of last 10 years before accepting nationalisation applications.

[CR001]

Hi Kiran
I was wondering if you have applied for naturalisation and what was the outcome ?
I am in similar position and was overstayer for few months in 2014. My Psw was expired and had no clue what to do . I applied for Eea2 residence card.
I now have settled status (ILR) but I understand that home office check history of last 10 years before accepting nationalisation applications.

The user only posted their question yesterday!!

You should start your own topic with your questions and circumstances instead of tagging onto someone else's thread.

[kiran2044]

Hello everyone

I am planning to apply for naturalisation in few days, I would be very grateful for any help.

I had post study work (PSW) visa valid until 30 Aug 2013. I made an application for EEA residence card as an extended family member (durable partner) on 03 Jul 2013. This was then approved and I received EEA residence card dated 02 Nov 2013. So I have following questions :

The period between 30 Aug 2013 (PSW expired) and 02 Nov 2013 (EEA residence card issued), does this count as an overstay for the purpose of good character requirement (As section 3c does not apply)? I made an in time application (before my PSW expired) and my PSW visa expired while Home Office had my passport and documents for the consideration of EEA residence card.

If this does count as an overstay, would the discretion be applied as this was not my fault?
I am hoping this will be the case, basing this on good character guidance which states:
"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 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".

Many thanks

Hi Kiran
I was wondering if you have applied for naturalisation and what was the outcome ?
I am in similar position and was overstayer for few months in 2014. My Psw was expired and had no clue what to do . I applied for Eea2 residence card.
I now have settled status (ILR) but I understand that home office check history of last 10 years before accepting nationalisation applications.

I haven't made the application yet. I will update here once I have the result, either way.