Immigrationboards.com

Hello everyone,

I am looking for some advice about my UK immigration situation. My history is complicated, and I want to understand my options now.

I first came to the UK as a student in 2005. Later, I stayed as a dependent on my ex-partner's visa. In 2013, his company's license was taken away, and we became overstayers. During this time, we had our child.

We tried to apply for a visa through his EU sister in 2013-2014, but it was refused and our appeal failed.

After we separated, I started a relationship with an EU national in 2017. I didn't know I could apply as an unmarried partner until late 2020. I applied in December 2020 and was successful! I then applied for the EU Settlement Scheme and was granted Settled Status in December 2021. I have held this status since then.

I also have three British children. In the past, I got 6 points on my license for speeding and had to go to court for it.

My main question is: Now that I have Settled Status, is it safe for me to apply for British Citizenship? Or is there anything from my past (like the overstaying period) that could be a problem?

Timeline of Events :
2005 - 2010: First arrived in the UK on a student visa.

2010: Returned to the UK as a dependent on my ex-partner's Tier 2 visa.

2013: My ex-partner's company lost its sponsorship license. We became overstayers. I gave birth to our child during this period.

2013 - 2014: Applied for a visa as an Extended Family Member of an EU national (my ex-partner's sister).

The application was refused.

We appealed, but the appeal was dismissed.

2017: Separated from my ex-partner and began a new relationship with an EU national.

December 2020: Applied for leave to remain under the EEA regulations as an unmarried partner of my EU national partner.

April 2021: Granted status under the EEA regulations.

December 2021: Applied for and was granted Settled Status under the EU Settlement Scheme.

December 2021 - Present: Continuously hold Settled Status.

Overstaying is generally ignored if there are no other concerns about your good character. Unfortunately you have a motoring offense (when did this happen?).
What did you do after your appeal failed in 2013? Did you return to your country? Do you have any other issues with immigration (eg you worked while you were an overstayer)?

The motoring offence occurred in January 2024. After the immigration appeal was dismissed in 2014, my ex-partner and I separated. Following the separation, I remained in the UK without a visa.

I had limited means to regularise my status at that time, as I was not permitted to work without a valid visa. I later began a relationship with my current partner in 2017. I was eligible to apply as an unmarried partner in 2020, once we had completed the required two years of cohabitation.

I should have been able to apply in 2017 when our relationship began; however, I received advice not to apply until we had fulfilled the two-year cohabitation requirement. Consequently, I submitted the application under the EEA Regulations in December 2020, before the Brexit deadline. This application was granted in April 2021, and this status was later converted to Settled Status.

Because you didn't do anything to regularise your stay until 2020 And you have a motoring offence I would recommend waiting until 2030. What was the motoring offence for? What happened there?

The traffic conviction was driving without insurance as I completely forgot that my payment bounced off and the insurance just cancelled it although I contested and they reinstated but the police was saying at the time I was stopped it was not insured hence why I have had to pay fine and take points.

It's hard to judge. Safest option is to wait as I stated above but what you do is up to you.