naturalisation possible refusal after being an overstayer
Posted: Thu Oct 12, 2017 12:35 pm
Hi Admin and All,
I would like to hear you sincerely thoughts about my next step towards on British citizenship.
I traveled to UK on my tourist visa back in 2007 and I overstayed from 2007 to 2009, when I left the UK in 2009 I made it clear at the point of exit that I had overstayed. I received a document informing that I was not allowed to return to UK within a period of 12 months.
However during my illegal staying I met my current EEA citizen wife. We left the UK together and we got married officially in my country and registered our marriage within British embassy and the we moved back to UK in June 2011. Once in UK I applied for a resident permit so I could work and live in there. I received my residence card from HO confirming my status in November 2011.
Because I received my documents in November 2011, I had to wait until November 2016 to meet the 5 years continuous residence before applying for a permanent residence, so then after another 12 months be allowed to apply for citizenship.
I received my permanent residence card in May 2017 with a letter confirming that I was entitled to apply for BC from May 2018.
During these period, in 2015, our daughter was born and she received her British citizenship and British passport. So officially we have a English daughter born in United Kingdom.
But my question is, with regards to the new 'Good character rule', when will I be entitled to apply for BC ?
As I overstayed and left the country in 2009, it would be in 2019 which makes me qualify after 10 years from the day I informed the border officer OR would they judge it from 2011 instead, date when I moved back to United Kingdom with my EEA partner?
Would it be correct to apply in 2019 or 2021?
Most appreciated for your help
Thank you
AX
I would like to hear you sincerely thoughts about my next step towards on British citizenship.
I traveled to UK on my tourist visa back in 2007 and I overstayed from 2007 to 2009, when I left the UK in 2009 I made it clear at the point of exit that I had overstayed. I received a document informing that I was not allowed to return to UK within a period of 12 months.
However during my illegal staying I met my current EEA citizen wife. We left the UK together and we got married officially in my country and registered our marriage within British embassy and the we moved back to UK in June 2011. Once in UK I applied for a resident permit so I could work and live in there. I received my residence card from HO confirming my status in November 2011.
Because I received my documents in November 2011, I had to wait until November 2016 to meet the 5 years continuous residence before applying for a permanent residence, so then after another 12 months be allowed to apply for citizenship.
I received my permanent residence card in May 2017 with a letter confirming that I was entitled to apply for BC from May 2018.
During these period, in 2015, our daughter was born and she received her British citizenship and British passport. So officially we have a English daughter born in United Kingdom.
But my question is, with regards to the new 'Good character rule', when will I be entitled to apply for BC ?
As I overstayed and left the country in 2009, it would be in 2019 which makes me qualify after 10 years from the day I informed the border officer OR would they judge it from 2011 instead, date when I moved back to United Kingdom with my EEA partner?
Would it be correct to apply in 2019 or 2021?
Most appreciated for your help
Thank you
AX