Immigrationboards.com

Hi, I have just been granted ILR through Tier 2 Dependant visa. As my partner (main applicant) has just become a British citizenship, I am planning to apply for naturalisation through spouse of a British citizen.

My question is in January 2013, I overstayed for 9 days after my Student Tier 4 visa expired.
Tier 4 expiry date 13/01/2013
but I left the UK airport on 22/02/2013

I am concerned if this overstay is going to affect my naturalisation process. FYI, the naturalisation process is going to be based on 5 years route from May 2014 till now. I am not sure if the UKVI is holding my API (Advanced Passenger Information) records from Stupid for the last 10 years or not as there was no immigration control on my outbound flight.

Anyone shares similar experience to this?

Discretion will be applied given that the length of overstaying is quite short

I was overstay for 5 months and 9 days , I applied for BC and received questioner I answer them , after I sent the reply I got my BC approved within one month and I am british now since 18 month
So no worry you should be safe

Alanran wrote: ↑

Sun Jul 21, 2019 6:30 pm

I was overstay for 5 months and 9 days , I applied for BC and received questioner I answer them , after I sent the reply I got my BC approved within one month and I am british now since 18 month
So no worry you should be safe

May I ask what was your circumstance that led to overstaying? And was the ‘overstay’ within 10 years before you applied for citizenship?

My visa (student ) was expired on 31/10/2009, on 9/4/2010 I married my GF who is EEA , I have applied for 5 years vis as family member off EEA on 1/5/2010 and I receive it on 15/08/2010 .
So I was overstayed from 1/11/2009 until 9/04/2010 ( the date of my marriage ) .
I got my PR on 2016 , then I applied for BC on March 2017 and I received a questioner on May 2017 , I reply to the questioner within 3 days with the support documents they request and then I received the approval on Jun 2017 .

Alanran wrote: ↑

Mon Jul 22, 2019 12:33 pm

My visa (student ) was expired on 31/10/2009, on 9/4/2010 I married my GF who is EEA , I have applied for 5 years vis as family member off EEA on 1/5/2010 and I receive it on 15/08/2010 .
So I was overstayed from 1/11/2009 until 9/04/2010 ( the date of my marriage ) .
I got my PR on 2016 , then I applied for BC on March 2017 and I received a questioner on May 2017 , I reply to the questioner within 3 days with the support documents they request and then I received the approval on Jun 2017 .

Thank you for sharing your experience.

Zimba wrote: ↑

Sun Jul 21, 2019 5:40 pm

Discretion will be applied given that the length of overstaying is quite short

Thank you. Do I need to provide covering letter about it? And how can I explain reason I overstayed since at that time I thought I was allowed 28 days after visa expired?

You don't need to provide anything

Zimba wrote: ↑

Thu Jul 25, 2019 3:10 pm

You don't need to provide anything

Not even to mention about this overstay in the application? Will explanation about this make my case worse? Or doesn't make any difference at all?

Having read new rules about breach of immigration law makes me worried a lot.I'm not good at legal terms but for my understanding is that 28 days grace period applies only for people who make further leave to remain. But I did not.

Apologise for being worried too much, just want to make sure that discretion can be really applied on my case.
Thank you very much.

You can explain it at the end of the application.

https://assets.publishing.service.gov.u ... 3.0ext.pdf