Overstaying and bad character

[radicig76]

I have had settled status for 12 months after my 5 years EEA permit.
I was on Tier 4 before and when I applied for the EEA permit it was refused initially because I made an error filling some details and was rejected based on that so had to reapply.
however, when it was rejected the first time my tier 4 has already expired.
does that mean I overstayed during the period of Tier 4 expiry and granting the EEA? and if so is that an immigration law break?
Upon my understanding. I am not an overstayer as long as my application is successful the first time. but since it was rejected while my tier 4 expired does that mean I overstayed?
Note: rejection came after 2 months of tier 4 expiry

Thanks for your help

[contorted_svy]

I don't know if Section 3(c) applies to EEA applications - may I ask how did you switch to EEA permit? was it through marriage?

Could be worth requesting a SAR with the Home Office to see what information they hold on you and if they marked you as an overstayer.

[radicig76]

Thanks for your reply. it was done through Unmarried partner route

[CR001]

Then you were an overstayer once your student visa expired.

[radicig76]

Thanks for your reply.
Will this affect my citizenship application?
I have already submitted the citizenship application and did not mention any of my overstaying period and did not tick the box that says i broke immigration law as it didnt seem like something i have done since i had no intention of overstaying as it was just a reapplication process to correct my mistake on the first eea application
would appreciate your advice in this case
Thanks

[contorted_svy]

Your application may be rejected because you aren't respecting the good character requirement, which looks at immigration history over the last 10 years.

[radicig76]

Thanks for your reply, but I had no choice as I had to reapply and provide my passport during the application process.

Form what I am reading so far I have sufficient basis that would allow an exemption for that

the issue now is that my citizenship application is already submitted and didn’t mention the overstaying point as I didn’t know, I am also worried that I’ll be accused of deceiving and dishonesty

[contorted_svy]

At this stage there isn't much you can do. There is no excuse for ignorance of the law. If your application gets rejected you will be able to apply again once 10 years from your overstaying have elapsed.

[secret.simon]

I don't know if Section 3(c) applies to EEA applications - may I ask how did you switch to EEA permit?

It didn't.

@contorted_svy is correct in pointing out that an EEA application would not have extended pre-existing leave. So, from the time of the end of your student visa till the time of the grant of your EEA durable partner visa, you were an overstayer.

In any case, even if you had made an immigration application and it was returned as invalid, as opposed to being rejected, that would also not have extended Section 3C leave.

You needed to have submitted a valid UK Immigration (i.e. non-EEA) application before the expiry of your student visa to extend your leave.

The good news is that we have not heard of any good character rejections on these forums for quite some time. I think current guidance suggests that if you are settled in the UK (i.e. you have ILR/Settled Status), the good character requirement re immigration track record is considered met, unless there is something else that flags up (criminal records, etc).

So calm down, if you have already submitted the application.

[contorted_svy]

I don't know if Section 3(c) applies to EEA applications - may I ask how did you switch to EEA permit?

It didn't.

@contorted_svy is correct in pointing out that an EEA application would not have extended pre-existing leave. So, from the time of the end of your student visa till the time of the grant of your EEA durable partner visa, you were an overstayer.

In any case, even if you had made an immigration application and it was returned as invalid, as opposed to being rejected, that would also not have extended Section 3C leave.

You needed to have submitted a valid UK Immigration (i.e. non-EEA) application before the expiry of your student visa to extend your leave.

The good news is that we have not heard of any good character rejections on these forums for quite some time. I think current guidance suggests that if you are settled in the UK (i.e. you have ILR/Settled Status), the good character requirement re immigration track record is considered met, unless there is something else that flags up (criminal records, etc).

So calm down, if you have already submitted the application.

This is not my understanding of the guidance. Having not committed immigration breaches is assumed for the time that qualified the applicant for ILR, but not for the years prior. E.g. in my case, I applied in 2023 having held ILR for a year, which I obtained after having lived in the UK for 5 years as a EEA citizen. So in my case they would have looked at my immigration history all the way back to 2013 and any immigration breaches I may have committed in that time - a similar time may apply to OP, as the breach happened before they obtained the leave that started their path to ILR.