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When can we apply for Citizenship?

Posted: Sun Jun 09, 2019 12:47 pm
by Butterfly333
Partner who had overstayed his visa for a number of years, obtained 2 year discretionary leave based on unmarried relationship with myself, a British citizen, in 2011.

He was granted indefinite leave to remain in 2013/14.

We have decided to get married.

How long after marriage can he naturalise and apply for British citizenship?

Thanks

Re: When can we apply for Citizenship?

Posted: Sun Jun 09, 2019 1:44 pm
by CR001
10 years from date he legalised his status, so whatever day/month that is in 2021.

Being married to a British citizen in this case is irrelevant, he needs to meet all the requirements.

Re: When can we apply for Citizenship?

Posted: Sun Jun 09, 2019 2:27 pm
by Butterfly333
Thank you CR001

Is this also the case where/even though one of the points below is true:

"The new version (of the Good Character requirement guidance) now makes absolutely clear that where someone has overstayed at any point in the ten years before the application, they will be refused British citizenship. The only exception will be if this is the “sole adverse factor weighing against the person’s good character” and one of the following is true:

• the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave
, or

• 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,"

Re: When can we apply for Citizenship?

Posted: Mon Jun 10, 2019 7:58 am
by Nerazzuri
That means the period of overstay was not more than 28 days. It was several years in the case of your husband.

Re: When can we apply for Citizenship?

Posted: Mon Jun 10, 2019 5:19 pm
by Butterfly333
Oh yes. Thank you, I misread that.