Hi there,
I want to apply for British Citizenship, and I am bit confused regarding the good character, in particular immigration offences. Back in 2013 my application for tier 4 was refused and appealed against it up to upper tribunal. My leave was extended by 3C up to the hearing on 14th of August 2013 but as my course had ended in June the same year I was sending emails and giving home office calls to return my passport since July 2013 before my upper tribunal hearing so I can return home but I got no answer at all from Home office so I had to go to my embassy and get an emergency document to get out of the country. I left the UK on 3rd of September 2013.
I have settled status now and would like to apply for BC so I requested my immigration record from the home office held for me. In that it shows I had overstayed. It’s less than 28 days after my 3C ended I guess but also it’s not my fault that I was not handed my passport back or any communication regarding that before 3C ended. I can see they have received my email with time stamp and also showing that I have requested my documents to go back home.
If you could advise me if it is possible for me to apply for British citizenship or not?
Many Thanks,
Since there is an overstay recorded on your UK Immigration history, which would be visible to the Caseworker who will be considering your application for Naturalisation as a British Citizen, this may affect your application negatively.
If you have sufficient evidence to prove that the overstay has been incorrectly recorded, then it will depend on the caseworker to exercise discretion and consider the representations, there would be about 50% chance of success.