Citizenship after 10 yrs in the country

[AceJoker]

Hi, I've spent >10yrs in UK first as a student, then as an what is being termed as an overstayer. with the Human rights act in mind I should be able to get a British Passport. most of time I've browsed throug the ind&home office website I've found the info way too diluted and could never figure out how and what should I do to proceed with this. Any advice,someone in a similar situation?

[geriatrix]

You cannot apply for naturalisation (British citizenship) before being granted settlement (ILR).
Only British citizens can apply for British passport.

[rbk1597]

Hi, I've spent >10yrs in UK first as a student, then as an what is being termed as an overstayer. with the Human rights act in mind I should be able to get a British Passport. most of time I've browsed throug the ind&home office website I've found the info way too diluted and could never figure out how and what should I do to proceed with this. Any advice,someone in a similar situation?

You need to apply for ILR on the basis on long residence (there are forms and guidance for that on the website) But Im afraid it might be 14 years required in your case.
Then after you are given that, you can then apply for naturalisation.

[AceJoker]

Hi rbk, could you please elaborate more why is it 14 yrs in my case? I've always knew it was like 10yrs in the country. Thanks

[ouflak1]

Hi rbk, could you please elaborate more why is it 14 yrs in my case? I've always knew it was like 10yrs in the country. Thanks

For the ten year qualification, all of your continuous stay must have been legal leading up to the time of your application. There can be no 'illegal' breaks. For the 14 year qualification, it can be a mix of both legal and illegal stay, or even entirely illegal.

[newperson]

After you've waited your 14 years, you will need to apply for settlement (ILR), if current rules are still in place. Be aware that 14-year long residence applications take some time to be approved, so be prepared to wait up to a year or more before you hear back one way or another. If you've attempted to "frustrate the immigration rules" by using false identities/passports, fraud or deception, that won't bode well for your application.

If you are granted ILR, you will need to wait another five years before you can apply for British citizenship. This is because the entire qualifying period for citizenship, unlike ILR, must be made up of *legal* residence. If you are married to a UK citizen by that time, your qualifying period will be reduced to three years. Again, this is all according to the current rules. Be prepared to wait 6+ months to hear back on the nationality application.

Once you have your Certificate of Naturalisation in hand, then you can apply for a British passport. Not before. A first-time passport application takes about a month or so.

Keep in mind that you have at least another 8-10 years ahead of you before you can get to that stage, so weigh your options carefully. :-/