Eligibility criteria:10 Years + 1 Year ILR
Language criteria : Life in UK + Certificate
Method of application: posted myself
Date of application:28/March/2015
Payment method:Debit Card
Date of receipt by UKBA: 30/March/2015
Date of debit or clearance of fees: 16/April/2015
Date of acknowledgement: 16/April/2015
Date approval received: Waiting
Date of ceremony: Waiting
Dear all, I am holding a thought that has been troubling since I realised it.
There was an gap issue happened in 2007, it turned my ILR application down in 2013 which was initially refused due to such a gap of 89 days. I had solicitor submitted reconsideration based on the ground of that the refusal was unlawful: compounded results of the followings:
back to 2007, HO office posted my application back to the wrong address----this caused my have only a week to lodge a new application which was in time before visa expired.
Then there were a three further documents requests until the it was sorted out. the 89 days above I mentioned is calculated from last visa expiry date to new visa start date.
My Solicitor challenged that the first refusal was unlawful, the gap is within 28days and ask a discretion reconsideration.
The outcome was that ILR being granted. My take is that HO accepted this gap.
Naively I thought after 12 month, application of Naturalisation would be a straightforward case since I have no other concerns of conviction or what so ever. So I submitted my naturalisation application myself and it seems joined queue after received acknowledge letter two month ago.
The thought troubles me is: under the tightened good character requirement, certainly the drama I explained happened in 2007 will show up on the system as an overstay, will it lead to an automatic rejection?
I think HO case work will go through the material that my solicitor provided and can I hold hope towards that a senior case work (very likely to be handed to) will take a look of the case? such like how the ILR was granted and base on what ground it was granted given the fact of that gap?
I now slightly feel regret to not consult it with the same solicitor who was very helpful with the ILR and I am prepare for the worst but hope for the best outcome
Just wondering if anyone had or heard similar cases of naturalisation with previous overstay, although in my case it is relatively short, however, 1 day of overstay in their database will be only reckoned as overstay, I tend to not comfort myself by the length of it.
Would be really loverly to hear some opinions.....on the upside, I didn't get an auto refusal after 73days so far---pessimistically thinking that perhaps my case simply hasn't been viewed just yet.