British Citizenship application - Question about overstaying

[malikhervas]

Hi all,

I'm in the process of putting together an application for a British Citizenship but I have a question about overstaying.

Born April 1990, I was first brought into the UK by my parents at the age of 14 (August 2004) on a 6 month C-Visit Visa (Valid from April till November), the 6 month lapsed but no application was made for the visa to be renewed at which point I was already placed in a secondary school.

Not until April 2008, days before my 18th birthday I submitted an application for an ILR based on my father's ILR status (after I was told I had to apply before 18 or it would be very complicated), this was obviously not a straightforward case but it was granted in November 2009.

At this point, I had studied A-levels and was in my second year at University, I am currently still a student but on a work placement until July 2011. At my workplace, I will be required to travel next year so I decided to apply for the BC.

That is the background, question is, can I apply for a BC with a 5! year overstay period? I haven't left the UK since entering and I was brought in under-age. To be honest, I was unaware the rules/regulations at such a young age and I could not have asked my father to return me to my home country even if I found out. Any advice would be appreciated please.

Many thanks,

Malik

[vinny]

8.10 We should normally exercise discretion to disregard a breach of the immigration laws if:
...
• it was outside the person's control (e.g. the applicant was a minor when parents failed to obtain or renew the minor's leave to remain in the UK); or

[malikhervas]

Thanks vinny,

I understand it is deemed overstaying and I therefore don't qualify. Please can you offer advice as to if the application may be considered as unintentional overstaying or will be assessed on the normal grounds of overstaaying

[vinny]

I've edited my post to quote the relevant section for you.

[malikhervas]

Many thanks vinny, God bless.

One last question, can you advice how can this be stated on the application form?

[vinny]

Refer to/quote section 8.10 in

6.7 Special circumstances - which requirements do you think you fail to meet and what are the special circumstances? (continue on page 13 if necessary)

[geriatrix]

Consider use of a cover letter to explain the circumstances in detail and request discretion under the quoted clause of the nationality instructions.


regards

[malikhervas]

Many thanks vinny and sushdmehta,

Been of great help. Sure to update here of any proceedings.

[Helpseeker1]

Hi all, i am in a similar position. Could you please shed some light on the liklihood of success and the documents that should be added to support the application please

[Mackenzy]

I'm not sure you meet the 5 year residential requirement. They specifically say, during the past 5 years, you should have had LAWFUL residence with NO RESTRICTION on immigration.