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overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

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rakimmn
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overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by rakimmn » Fri Mar 07, 2025 11:41 pm

Hi all,

I'd like to get clarification in regards tooverstaying while assessing the good character requirement as far as I know it looks at the 10 years history - however I found this in the good character guidance page 49
https://assets.publishing.service.gov.u ... racter.pdf


Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship
application were normally a reason for refusal of citizenship on the grounds of not
meeting the lawful residence requirement set out in section 4 and section 6 (read
with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If
the breach was in the 10-year period before a citizenship application, it was normally
grounds for refusal of citizenship on the basis of not meeting the good character
requirement.
Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the
requirements for naturalisation and registration for British citizenship under sections
4(2), 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the
lawful residence requirement during the qualifying period without further enquiry
where they hold indefinite leave to enter or remain in the UK. This change
commenced on 28 June 2022.
This change does not extend to applications to naturalise as a British overseas
territory citizen.
To align with changes to the qualifying period, immigration breaches relating to
lawful residence, other than illegal entry relating to applications made on or after 10
February 2025
, may be disregarded when assessing good character where all of the
following factors apply:
• the person is applying for naturalisation as a British citizen, or registration as a
British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
Page 50 of 59 Published for Home Office staff on 11 February 2025
• that person holds indefinite leave to enter or remain (ILE or ILR, also known as
settlement) in the UK
• no concerns (for example, regarding the person’s character) have arisen since
the grant of settlement which might cast doubt on the decision


I am still confused whether it only looks at 5 years of lawful residence after an application is submitted on/after 10 Feb 2025 or before?

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contorted_svy
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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Sat Mar 08, 2025 10:12 am

Your 10 year history will be considered. However overstaying in the last 10 years is only considered if you have other factors against your good character.
All advice comes from personal research and experience and should not be regarded as professional opinion.

heathrow
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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by heathrow » Tue Apr 22, 2025 9:05 pm

Can you please direct me to the source that says overstaying is ignored if there are no other factors against an applicant's good character?

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contorted_svy
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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Tue Apr 22, 2025 9:20 pm

https://www.gov.uk/government/publicati ... accessible
Overstaying
Where you are not disregarding immigration breaches relating to lawful residence, if a person has previously overstayed permission to enter or stay in the UK, it will normally be appropriate to refuse the application for citizenship, unless it is the sole adverse factor weighing against the person’s good character; and either:

the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied
the period without leave was not the fault of the applicant, for example where it arose from a Home Office decision to refuse which is subsequently withdrawn or quashed or which the courts have required the Home Office to reconsider
For information on dealing with breaches of conditions see liability to administrative removal.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by heathrow » Tue Apr 22, 2025 10:05 pm

Thank you.

I have previously looked at this guidance and it is very confusing. My reading of it is that:

(1) the Home Office can overlook immigration breaches, as stated in paragraph 1 of the guidance, but it is not clear when they would do so.

(2) If (1) does not apply (because immigration breaches are not being overlooked by the Home Office) then the overstaying is ignored if one of the narrow exceptions in Para 39E apply.

Unfortunately I do not fit within Paragraph 39E as I overstayed for 2 months in 2019:

Does anyone know when the Home Office overlooks immigration breaches outside of the circumstances in Paragraph 39E ie when does point (1) above apply?

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contorted_svy
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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Tue Apr 22, 2025 10:09 pm

When exactly did you regularise your position after you overstayed?
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by heathrow » Tue Apr 22, 2025 10:29 pm

I had a spouse visa that expired in 2019. I discovered that I had accidentally overstayed by 53 days when I reentered the UK in June 2019 (I had travelled back to my country of birth for my father's funeral).

I was allowed back into the UK on a tourist visa as my daughter was due to go back to school. I left the UK 6 weeks later and reapplied for a new spouse visa, which was granted in October 2019. I obtained ILR in October 2025 (I previously held ILR from 2000 to 2010, but this was revoked without my knowledge because I had travelled overseas with my husband for his work).

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Tue Apr 22, 2025 10:52 pm

Can you clarify when you obtained ILR? And is your husband British?
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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by heathrow » Wed Apr 23, 2025 12:48 pm

My husband and two children are British (by birth).

I obtained ILR in October 2025

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Wed Apr 23, 2025 2:05 pm

October 2025 is in the future. Do you mean October 2024?
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by heathrow » Wed Apr 23, 2025 4:43 pm

Apologies - I meant to say that I acquired ILR in October 2024

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Re: overstaying in good character requirement - does it look at 5 years or 10 years of immigration history?

Post by contorted_svy » Wed Apr 23, 2025 5:26 pm

Thank you for clarifying.

In a previous section of the guidance it states
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship application were normally a reason for refusal of citizenship on the grounds of not meeting the lawful residence requirement set out in section 4 and section 6 (read with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If the breach was in the 10-year period before a citizenship application, it was normally grounds for refusal of citizenship on the basis of not meeting the good character requirement.

Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections, 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.

This change does not extend to applications to naturalise as a British overseas territory citizen.

To align with changes to the qualifying period, immigration breaches relating to lawful residence, other than illegal entry relating to applications made on or after 10 February 2025, may be disregarded when assessing good character where all of the following factors apply:

the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022
that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK
no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision
Therefore, applications where it remains appropriate to consider immigration breaches relating to lawful residence, alongside other good character factors, may include but are not limited to:

where historic information has come to light which, had it been known at the time of granting settlement, may have led to refusal
where something occurred after the grant of settlement to indicate revocation of that status may be appropriate
applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example working in breach of conditions, hiring illegal workers, or failure to observe reporting requirements) must still be considered.

You can comment on your overstay in Oct 2019, explaining it was a mistake that you regret and you would not do it again.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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