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Applying for British Citizenship after being an overstayer

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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jamalkhan
Member
Posts: 123
Joined: Mon Apr 23, 2007 4:25 pm

Applying for British Citizenship after being an overstayer

Post by jamalkhan » Mon Jun 28, 2010 3:38 pm

hi,

I am back and need advice.

I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.

question is that what are the chances? does my history have any effect on my BC application

TA

krimith
Member
Posts: 165
Joined: Mon Apr 12, 2010 2:41 pm
Location: london

Re: Applying for British Citizenship after being an oversta

Post by krimith » Mon Jun 28, 2010 4:40 pm

jamalkhan wrote:hi,

I am back and need advice.

I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.

question is that what are the chances? does my history have any effect on my BC application

TA
Of course,no chance now you have to finished 5 yrs

nosscire81
Newly Registered
Posts: 15
Joined: Sun Jun 13, 2010 12:56 pm

Post by nosscire81 » Mon Jun 28, 2010 5:17 pm

krimith, perhaps it would help if you just didn't blurt out without thinking. Jamalkhan, can you give some more details of the nature of your overstaying? I'm not sure if there would be a problem, but then again I don't work for UKBA. But this might help, it is taken out of their guidance notes:

10.2 Prior to their application for citizenship some applicants may have a past history of themselves evading control. It may nevertheless be appropriate for caseworkers to approve their application if:
a.
they meet fully all the statutory requirements without requiring the Home Secretary to exercise discretion; and
b.
there is no other evidence to cast doubt on their character or standing in the community over the full three or five year qualifying period

Anyone ever been or heard of a similar situation before? Then please do contribute.

Cheers

mrlookforward
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Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Re: Applying for British Citizenship after being an oversta

Post by mrlookforward » Tue Jun 29, 2010 12:13 am

jamalkhan wrote:hi,

I am back and need advice.

I am curently on ILR by marriied to british citizen and due to apply for British Citizenship. However prior to my marriage visa, I overstayed my visa.

question is that what are the chances? does my history have any effect on my BC application

TA
A mere overstay before getting your spouse visa and then getting ILR, wont have any negative effect on your naturalisation.

jamalkhan
Member
Posts: 123
Joined: Mon Apr 23, 2007 4:25 pm

Post by jamalkhan » Wed Jun 30, 2010 3:25 pm

well I was an overstayer for 9 years until I received I voluntered to leave the country and got married.

So are you saying I should apply after 3 years or wait another 2 years?

mrlookforward
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Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Wed Jun 30, 2010 8:00 pm

The residence period of naturalisation based on marriage to a British Citizen is 3 years. So just count 3 years from the date of your entry on spouse visa. You basically need to forget about previous overstay.

jamalkhan
Member
Posts: 123
Joined: Mon Apr 23, 2007 4:25 pm

Post by jamalkhan » Thu Jul 01, 2010 2:39 pm

I love you Mr Look Forward.

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