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Dec 2014 changes and 28 days gap in previous applications

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kiransrose
Newly Registered
Posts: 14
Joined: Mon Mar 31, 2014 1:14 pm

Dec 2014 changes and 28 days gap in previous applications

Post by kiransrose » Thu Apr 30, 2015 11:07 am

Hi

I am stressed after reading new good character requirements after dec 2014.

This question may have been asked by some one, but I am unable to find an answer, so please help.

As we all know we were discussing 28 days rule while applying for ILR.

According to this rule if an application been made after visa expiry date and the gap was 28 days then it will be regarded as illegal overstay. and ILR could be granted.

So same is my case, my first extension application form been made few days after my visa expired. However I have been granted ILR.

Now i am preparing to apply for Naturalization, however found posts regarding new rules of illegal overstay.

My question is would the overstaying few days (Max 28 days) will be considered as illegal stay and could lead to refusal of naturalization application?

Will 28 days rule of out of date applications made previously apply to naturalization applications as well? or not?

Any response will be much appreciated as I am stressed at the moment and don't want to waste 1005 pounds, by knowing the fact already.

Kind Regards

vinny
Moderator
Posts: 32939
Joined: Tue Sep 25, 2007 8:58 pm

Re: Dec 2014 changes and 28 days gap in previous application

Post by vinny » Thu Apr 30, 2015 11:33 am

There's hope in Chapter 18 > Annex B: Residence requirements > 8.10.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kiransrose
Newly Registered
Posts: 14
Joined: Mon Mar 31, 2014 1:14 pm

Re: Dec 2014 changes and 28 days gap in previous application

Post by kiransrose » Thu Apr 30, 2015 11:51 am

Vinny, You are genius, I must appreciate your good memory and knowledge.

Thanks alot

jojo351
Junior Member
Posts: 61
Joined: Mon Mar 10, 2014 1:27 pm

Re: Dec 2014 changes and 28 days gap in previous application

Post by jojo351 » Thu Jun 11, 2015 6:29 am

I have the same question too. could a gap of overstay of that has been challenged successfully before for the ILR application reconsideration become an issue for Naturalisation ?

The nature of my gap was caused by HO, where HO claimed it as 89 days but with their administrative error factored in, my gap was less than 28 days. Therefore, based on this ground, the reconsideration of ILR was successful and I thought the gap won't be a problem in the future naturalisation application.

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