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Hi all,

I'm in the process of putting together an application for a British Citizenship but I have a question about overstaying.

Born April 1990, I was first brought into the UK by my parents at the age of 14 (August 2004) on a 6 month C-Visit Visa (Valid from April till November), the 6 month lapsed but no application was made for the visa to be renewed at which point I was already placed in a secondary school.

Not until April 2008, days before my 18th birthday I submitted an application for an ILR based on my father's ILR status (after I was told I had to apply before 18 or it would be very complicated), this was obviously not a straightforward case but it was granted in November 2009.

At this point, I had studied A-levels and was in my second year at University, I am currently still a student but on a work placement until July 2011. At my workplace, I will be required to travel next year so I decided to apply for the BC.

That is the background, question is, can I apply for a BC with a 5! year overstay period? I haven't left the UK since entering and I was brought in under-age. To be honest, I was unaware the rules/regulations at such a young age and I could not have asked my father to return me to my home country even if I found out. Any advice would be appreciated please.

Many thanks,

Malik

Thanks vinny,

I understand it is deemed overstaying and I therefore don't qualify. Please can you offer advice as to if the application may be considered as unintentional overstaying or will be assessed on the normal grounds of overstaaying

I've edited my post to quote the relevant section for you.

Many thanks vinny, God bless.

One last question, can you advice how can this be stated on the application form?

Refer to/quote section 8.10 in

Form AN wrote:6.7 Special circumstances - which requirements do you think you fail to meet and what are the special circumstances? (continue on page 13 if necessary)

Consider use of a cover letter to explain the circumstances in detail and request discretion under the quoted clause of the nationality instructions.


regards

Many thanks vinny and sushdmehta,

Been of great help. Sure to update here of any proceedings.

Hi all, i am in a similar position. Could you please shed some light on the liklihood of success and the documents that should be added to support the application please

I'm not sure you meet the 5 year residential requirement. They specifically say, during the past 5 years, you should have had LAWFUL residence with NO RESTRICTION on immigration.