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Refused citizenship due to overstaying 6mnth visa in 1995
Posted: Sat Jul 25, 2015 1:27 pm
by Rocky Tasie
hello,
My British citizenship application was denied on the grounds that I came into the UK as a minor in 1995 on a 6mth visa and stayed past my visa expiration date and was here illegally till 2010 when I was granted ILR, I also worked in that time.. However I Had no option to live and work here to sustain myself as I was brought over to the UK as a minor by my mother who promptly abandoned me 3 mnths after arrival and returned to Nigeria and we have had no contact since 1995.
I am now 36 years old.
Is there any grounds on which this decision can be overturned?
Pls advise.. anyone.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sat Jul 25, 2015 1:45 pm
by secret.simon
How old were you when you came to the UK in 1995? With whom did you stay when your mother abandoned you?
At what point before 2010 did you attempt to regularise your immigration status? And were you issued any leave to remain before 2010?
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sat Jul 25, 2015 1:50 pm
by geriatrix
secret.simon wrote:How old were you when you came to the UK in 1995?
15-16 years!
Rocky Tasie wrote:I am now 36 years old.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sat Jul 25, 2015 2:10 pm
by secret.simon
Then I would think that the Home Office would argue that you would have or at least should have checked your immigration at some point before 2010. You were well past the age of reason and indeed, past the age of the average GCSE.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sat Jul 25, 2015 10:55 pm
by Rocky Tasie
Hi, thanks for your response, I was 14 years when I came to the UK and was being fostered by a lady in milton keynes, My mother returned to Nigeria a cpl months later and was sending money for my up keep for about 6-7 mnths then she stopped and there was no further contact from her.. I then started working at about 16 to pay for my board with the family i was staying with and eventually moved out on my own.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sat Jul 25, 2015 10:58 pm
by Rocky Tasie
in 2010 I then decided to regularise my status and approached a solicitor to see what my options were and I was then advised to apply for ILR.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sun Jul 26, 2015 1:19 am
by Obie
There failure to take your minority into account at that time makes their decision flawed, you should seek a review.
Re: Refused citizenship due to overstaying 6mnth visa in 199
Posted: Sun Jul 26, 2015 8:17 am
by secret.simon
While the OP can plead his minority for his entry into the UK, I'm not convinced that the Home Office is obliged to take it into consideration when granting citizenship.
There was no attempt to regularise his situation for 15 years, more than 10 of which he was an adult, which I think would count against him. Given the circumstances, I think an appeal is likely to fail.