Applying for citizenship query

[Anter10]

Hi,

I came to this country on 2012 via family visit visa, ending up staying and got married to an EEA citizen on 2016, got my residence card on 2017. My question is when I’ll be applying for British citizenship will my time in uk living illegally ( I did not work at all and was living with my uncle ) effect the application, knowing that I never had an issue with HO, anyone face same case before ?
Many thanks

[Bash_]

Being an overstayer is a breach of the good character requirement. I guess its safer to apply after 10 yrs of having your stuff sorted with HO i.e. 2027

[Anter10]

Thank you, I was reading this in gov and it seems that is find to apply - please see below:

Breaches of immigration law in the qualifying period
One of the requirements for naturalisation is that the person should not have been in breach of the immigration laws in the residential qualifying period.
The Nationality and Borders Act 2022 amended the British Nationality Act 1981 so that a person can be treated as meeting this requirement without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws if they have been granted indefinite leave to enter or remain in the UK.
Applications received from people with indefinite leave to enter or remain in the UK
If the applicant has indefinite leave to enter or remain in the UK (ILE or ILR) you do not need to look back to see if they were here lawfully. You may proceed to grant the application if all the other requirements are met.
You do not need to ask for evidence of the person’s status prior to them being granted ILE or ILR, or whether they were working lawfully, or what their basis of stay was in the UK. For example, you do not need to enquire what activity was being undertaken or whether EEA nationals with ILR needed or had comprehensive sickness insurance. This will apply to the vast majority of cases.
It may still be appropriate to continue to apply the requirement in certain circumstances, such as where information has subsequently come to light which, had it been known at the time, might have affected the decision to grant indefinite leave, or might now lead to revocation of ILE/ILR. In such cases you must make a thorough assessment of the person’s immigration history. If there were periods of unlawful presence in the UK, you must consider whether there were any factors that might make it appropriate to exercise discretion using the guidance at Annex B.
The good character guidance has been amended to be consistent with this approach.
Applications from people with the right of abode in the UK
Page 27 of 53 Published for Home Office staff on 01 November 2022

[Bash_]

Yes the new amendments gave that discretion. as I said its safer to wait till 2027 but nothing stopping you from trying.

[AmazonianX]

There is not enough information/statistics available yet to understand how this discretion is being applied.
Update forum of your outcome when you get decision.

[London22]

Hi,

I came to this country on 2012 via family visit visa, ending up staying and got married to an EEA citizen on 2016, got my residence card on 2017. My question is when I’ll be applying for British citizenship will my time in uk living illegally ( I did not work at all and was living with my uncle ) effect the application, knowing that I never had an issue with HO, anyone face same case before ?
Many thanks

The new guidance doesn't state it clearly that previous overstay will be disregarded but it says it can be making it senseless & leaving on the discretion of caseworkers or there is more likely a secretive approach .Many applicants have applied since the new guidance has come but no one has yet received a decision.It is more likely that most applications from previous overstayers will be refused.They new change is not clear .It has been brought just to lure applicants to apply & lose huge fees.

[AmazonianX]

Hi,

I came to this country on 2012 via family visit visa, ending up staying and got married to an EEA citizen on 2016, got my residence card on 2017. My question is when I’ll be applying for British citizenship will my time in uk living illegally ( I did not work at all and was living with my uncle ) effect the application, knowing that I never had an issue with HO, anyone face same case before ?
Many thanks

The new guidance doesn't state it clearly that previous overstay will be disregarded but it says it can be making it senseless & leaving on the discretion of caseworkers or there is more likely a secretive approach .Many applicants have applied since the new guidance has come but no one has yet received a decision.It is more likely that most applications from previous overstayers will be refused.They new change is not clear .It has been brought just to lure applicants to apply & lose huge fees.

Lure is more like it. Its so open ended