Just a quick question regarding Discretion

[hamziyan88]

Has anybody written a covering letter asking for discretion...or do you just write it in the further information box? Any success with discretion cover letter?

[CR001]

For child or adult?? Why are you asking for discretion??

[hamziyan88]

Adult.

For overstaying 18 months. No laws broken whatsoever since coming bk on spouse visa and no laws broken when hubby was here on visit visa in 2009

[CR001]

no laws broken when hubby was here on visit visa in 2009

Well there was because he didn't leave when he was suppose to.

Just write a letter stating the facts and how he left voluntarily etc to reapply and sort out his legal stay/visa etc. Don't write a novel, keep it simple and to the point.

[hamziyan88]

Where can.I get help writing the cover letter? I don't even know where to start.

[hamziyan88]

Can we say we didn't realise it had expired and once we knew we consulted a solicitor who informed us that the only way t was to.go.home and apply from.outside the UK and that hubby did so voluntarily,

[CR001]

We don't know the facts, only you and your partner know it. There is no 'official' format or template, you just need to state the issue as it is. There is a section on the form at the back for additional information and you can use that instead of writing a letter.

Just make sure that everything you state is true and fact. It would be hard to argue he didn't know his visit visa expired.

[hamziyan88]

Ok so would this be okay::

I entered he UK on a visit visa in July 2009.
From December 2009-Septmeber 2011 I admit I overstayed. This was to continue my relationship with my partner( now wife)
However to do things properly I voluntarily left the UK and applied for a Spouse visa from Iran. I rejoined my wife in June 2012 following a success appeal.
Whilst considering my application, I strongly urge you to use your discretion on this one. I would be eternally greatful of you do.

Anything else I should.mention?

[ryan1512lon]

If you are applying for naturalisation you should wait until 2019 (ten years) as it is likely his application will be refused and you will lose £906...

In circumstances where an applicant entered the UK illegally, an application for
citizenship should normally be refused for a period of 10 years from the date of entry, if
it is known. If it is not known, the period of 10 years starts from the date on which the
person first brought themselves to or came to the attention of the Home Office.

[milan69]

This is an interesting and rather complex topic.
As far as I understand hamzian88 overstayed for more than 28 days, left UK and applied for a spouse visa from Iran. If he was to be refused entry due to his past overstaying that was to be the moment but since he did get his spouse visa legally I believe he may be able to apply for naturalisation.
Having said this, ryan1512lon is right as there is a 10 years ban on applying for naturalisation.
In any case you must declare that you have overstayed in past since your application will be refused based on "good character" - not disclosing.
I suggest you find a good lawyer.

January 2015 - Naturalisation Application Timeline
Unread postby abBY20 » Mon Jan 26, 2015 10:53 am

NextBee wrote:
UPDATE: Application denied as it said that I didnt meet "Good character". This is because of how I got my ILR after qualifying for IRL when I overstayed on my first visa. That was 14 years ago. They have kept all the money and I DONT qualify to appeal. I can apparently reapply in 3 years(2018)

Eligibility criteria: 5 years ILR
Language criteria met: Life in the UK
Current nationality: Zambia
Method of application: Post office Special Delivery
Council name if NCS used:
Date of application: 2/01/2015
Payment method: Debit card
Date of receipt by UKBA: 5/2/2015
Date of acknowledgment: 9/2/2015 sent via email
Date of debit or clearance of fees: 07/01/2015
Date approval received: Denied and documents received 24/01/2015
Date of ceremony: waiting

[hamziyan88]

But my husband didn't enter the UK illegally. He entered on a visit visa and overstayed it. He returned voluntarily and his spouse visa avisa was initially refused due to them claiming we hadn't put documents in that we had proof we did include. We won appeal when someone obviously went over it.

[milan69]

How long exactly did he overstay?

[hamziyan88]

19 months from Dec 2009-Septmeber 2011

[ryan1512lon]

But my husband didn't enter the UK illegally. He entered on a visit visa and overstayed it. He returned voluntarily and his spouse visa avisa was initially refused due to them claiming we hadn't put documents in that we had proof we did include. We won appeal when someone obviously went over it.

He certainly didn't... but as soon as his tourist visa expired he stayed illegally in the UK, overstayer are illegal immigration wise, when his visa expired he had no legal right to stay in the UK. Again you are better off waiting until 2019 to apply for his naturalisation the rules are clearly mentioned in my post above, his application is likely to be refused before 2019, if you don't mind losing £906 you can try. Spouse visa and naturalisation are two different things and the good character requirement had been changed in December 2014, please read this :

In circumstances where an applicant entered the UK illegally, an application for
citizenship should normally be refused for a period of 10 years from the date of entry, if
it is known. If it is not known, the period of 10 years starts from the date on which the
person first brought themselves to or came to the attention of the Home Office.

[hamziyan88]

Why 2019 Ryan

[t123456789]

Unfortunately...

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

[hamziyan88]

Ok but the woman at checking service spoke to.a caseworker in the HO and they said it depends on which Case worker you get.they may use discretion if you ask but it's simply a 50/50 gamble.

[ryan1512lon]

Ok but the woman at checking service spoke to.a caseworker in the HO and they said it depends on which Case worker you get.they may use discretion if you ask but it's simply a 50/50 gamble.

Well go ahead then... if you think that the immigration system is a gamble and the naturalisation process a lottery but I would certainly disagree with that, there are rules and guidance for the whole process that have been mentioned several times... whatever decision you choose good luck to you!

and if you don't trust us just read through the good character requirement:

https://www.gov.uk/government/uploads/s ... ersion.pdf

[hamziyan88]

I don't think that but I was quoting what the Checking service woman had been told from a caseworker at th
e home office