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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
CR001 wrote: ↑Tue Oct 20, 2020 7:54 amWhat is your full immigration history and overstay?
How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1
Dokaro wrote: ↑Tue Oct 20, 2020 10:37 amIf you have told them that you were not working during overstaying then it is likely you will get a positive decision if explain in detail on reconsideration.HO guidance clearly states to disregard overstaying period if that's the only worst aspect of application .We have seen positive decisions on similar cases as yours.Goodluck.CR001 wrote: ↑Tue Oct 20, 2020 7:54 amWhat is your full immigration history and overstay?
How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1
London22 wrote: ↑Tue Oct 20, 2020 7:46 pmThank you very muchDokaro wrote: ↑Tue Oct 20, 2020 10:37 amIf you have told them that you were not working during overstaying then it is likely you will get a positive decision if explain in detail on reconsideration.HO guidance clearly states to disregard overstaying period if that's the only worst aspect of application .We have seen positive decisions on similar cases as yours.Goodluck.CR001 wrote: ↑Tue Oct 20, 2020 7:54 amWhat is your full immigration history and overstay?
How long did you overstay and how did you maintain yourself financially
[/Thanks for the answer .... I entered the UK in May 2007 with a tourist visa, which expired the following month, so I stayed until 2012 when I applied for residency for 5 years which was awarded to me for being a son from a citizen of the European Union, and in June 2017 I received the ILR. and in June 2020 I decide to apply for British citizenship ... between 2007 and 2012 my father was my financial support, he paid all my expenses. I did not work, I did not study, and I did not receive any benefit other than that of my father. I indicated this in the questionnaire that the home office sent me on October 1
Were your EU parent(s) residing in the UK? If so, then can you give details of their Immigration histories? I’m assuming you are not an EU citizen too because you required a visitor visa? How old were you during the time you overstayed?
my father is Colombian, he traveled to Spain 20 years ago, and in 2009 he obtained nationality. in 2011 he entered the UK to live permanently. I was 21 when I arrived and stayed .. I am Colombian and I entered with a tourist visa
He was my support all the time from 2007 to 2012. He sent me the expenses, sometimes he came and left me money, he was my only support all the time, I did not work, I did not study, I did not receive nor do I receive any public benefit until todayZerubbabel wrote: ↑Thu Oct 22, 2020 3:54 pmSo he started supporting you from 2011 in the UK. But how did you support yourself in 2010 and 2011 until he moved to the UK?
Reason for decision. One of the requirements for citizenship is that the applicant is of good character. Good character is not defined in the British nationality Act 1981 but the applicant is expected to have show due regard for the laws of this country . For the proposes of naturalisation as a British citizen, we would no normally consider someone who has been in breach of the immigration laws at any time during the 10 years immediately prior to their applicant as being of good character . This includes where someone has failed to take reasonable steps to ensure they remain compliant with immigration laws . Your application was decide on October 2020 as so the 10 years period is from October 2010 to October 2020. You where in the United Kingdom without permission and were therefore non-compliant between December 2012 when you permanent recident period began I tave taken into consideration all the information provided to us in your cover letter and questionnaire. You have advise that between the dates mentioned you were seeking legal advice to regularise your stay , however you did not make any attempt to apply for further leave for over 5 years until ur father entered the U.K. therefore you are considered to have non-compliant and In breach for U.K. immigration laws within 10 years immediately before your application for citizenship was decide abs and not meet the good character requirement . A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy . As you do not come within the published criteria, nor is there reason to excercise discretion exceptionally outside there criteria , your application is refused .
If you have an overstay history within the last 10 years, your citizenship application will carry a high risk of refusal. They always look to your immigration history and they will find such periods where you were in breach. Most often than not, they will use them for a refusal.
Shar,
smallpie wrote: ↑Fri Oct 23, 2020 2:58 pmShar,
I got my citizenship approved 2017..application took exactly 6 months. I was seeking advice all over the place, and even online this forum, before applying (I was getting 80% response that it will get refused) because I had overstated about 10mnths btwn 2008 to 2009.
I came to UK on work visa, which expired 2008, I met my EU wife same year, but I didnt make any application that year, as Wasn't sure what to apply, how to go about it.. we weren't married at that time. But living together at that time. Going forward I got permanent residence card 2016, applied citizenship 2017, then i got the questionnaire about the time of my work visa expired. I told them wife was feeding me, paying rent, and I didn't work. (I enclosed her bank statements for those periods showing rents taken from her account, accounts showing her wages monthly and payslips, all food shopping and daily expenses from her accounts, evidence of her transferring some money to my account randomly, I enclosed evidence of the place we lived at that time tenancy agreement showing both names).
These docs and bank statements were dated almost 9 yrs ago at time.. I made sure I dug them out, printed copies online etc.
Then she wrote a covering letter to back it up. (enclosed copy of her EU passport, copies of our kids British&EU passports)
I sent them big bundles of docs recorded delivery, then about a week after that I got letter application approved, and all docs back.. Was over the moon with joy.
So it's a 50/50 chance, if u know u av docs to back it up, if they sent u the questionnaire.. Go for it.
All the best to you.
