Naturalisation, previous overstay, good character

[juttdon]

HI, i was over stayed in Uk and left Uk voluntarily 02/2012 and arrived back 03/2013 on EEA family permit as a Husband of Eu national and got permanent residence in 2018 and Settled status in 2020 and as it is 10 years since i left uk in 2012 Voluntarily. so do i have to wait another year before i apply for citizenship? or i can apply now? thanks

[Simshah5]

Hello there,

You have to wait untill march 2023
And another scenario is
Because you were under EU system so most probably your last 5 years record is enough.

[vinny]

You have to wait untill march 2023

Why? There’s no breach of any UK Immigration requirements while outside the UK?

[Simshah5]

As u left uk in feb 2012 and entered again in march 2013,
So your lawful residence starts from march 2013.
They'll have to check ur 10 years background and will definitely refuse on good character grounds
(if u apply now) as u were overstayer.
So better is to wait till march 2023

[vinny]

So your lawful residence starts from march 2013.
They'll have to check ur 10 years background and will definitely refuse on good character grounds

But is there a Good character requirement for people have lawful residence in the UK when they are outside of the UK?

[Simshah5]

Yes,
But in that case,
You don't have to be out of uk for more than 90 days in last 12 months prior to apply and no more than 450 days in last 5 years.

[vinny]

There are separate statutory residential requirements for naturalisation under Section 6(1) or Section 6(2), limiting absences, with a preceding scope of 5 or 3 years respectively.

There’s actually no requirement for an applicant to be in the UK beyond the above scope. However, if an applicant was in the UK, then they may impose a 10-year naturalisation ban on applicants for failing an immigration requirement.

[London22]

HI, i was over stayed in Uk and left Uk voluntarily 02/2012 and arrived back 03/2013 on EEA family permit as a Husband of Eu national and got permanent residence in 2018 and Settled status in 2020 and as it is 10 years since i left uk in 2012 Voluntarily. so do i have to wait another year before i apply for citizenship? or i can apply now? thanks

If you have overstayed for a short time like less than a year & never worked illegally during that time then a discretion can be applied depending if the caseworker wants it otherwise they will refuse on good character grounds .
They will check 10 years back feom the date of decision & if find out overstay or illegal work & love to refuse citizenship .If your overstay period was longer then they automatically assume you have been working illegally & love to refuse.Most refusals come due to overstat.It has become a complex a0plication.Better wait than wasting money .

[vinny]

HI, i was over stayed in Uk and left Uk voluntarily 02/2012 and arrived back 03/2013 on EEA family permit as a Husband of Eu national and got permanent residence in 2018 and Settled status in 2020 and as it is 10 years since i left uk in 2012 Voluntarily. so do i have to wait another year before i apply for citizenship? or i can apply now? thanks

They will check 10 years back feom the date of decision & if find out overstay or illegal work & love to refuse citizenship .If your overstay period was longer then they automatically assume you have been working illegally & love to refuse.Most refusals come due to overstat.It has become a complex a0plication.Better wait than wasting money .

Yes. That’s correct. Working is illegal while overstaying. However, I believe that overstaying in the UK ceases after leaving the UK. If you left the UK in 02/2012, then that period of overstaying and any illegal working during that period was over 10 years ago. Do you have evidence of leaving the UK in 02/2012?

But note that there are also other grounds for refusing that may last longer than 10 years.

Morevover, if caseworkers are inclined to refuse, then they do have wide powers of discretion.

[juttdon]

yes i have proof of leaving as a stamp in the passport

[juttdon]

yes i have proof of leaving as a stamp in passport