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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Came as a visitorWanderer wrote:I would guess it does as BC is a UK thing, where you effectively move under UK immigration rules. Otherwise it wouldn't be fair on this on UK route.
Then again I don't actually know, and nothing's fair when it comes to immigration, especially as citizenship is not a right.
How can I find out precisely that where do I stand..Universal soldier wrote:If the period between 2000-2007 was not covered by section 3c then it does. Section 3c applies when application sent before recent leave expire and it continue until refusal decision + 10 more days of launching appeal. Good character requirements actually design to delay people from getting BC on overstaying grounds. Before good character such situations was fine because they only go back 5 years of residential period but now they go far till 10 years under good under good character.
Ok waiting for Vinny's response.Universal soldier wrote:Yes sar file will be very helpful. But the best expert about understanding section 3C and overstay is moderator vinny. He may explain it more deeply and logically.
I think that's all correct for ILR/PR, which is something you are legally entitled to provided the criteria are fulfilled. The difference is BC is not a right, it's a privilege so there is no legal 'right'.Andrewbird35 wrote:How can I find out precisely that where do I stand..Universal soldier wrote:If the period between 2000-2007 was not covered by section 3c then it does. Section 3c applies when application sent before recent leave expire and it continue until refusal decision + 10 more days of launching appeal. Good character requirements actually design to delay people from getting BC on overstaying grounds. Before good character such situations was fine because they only go back 5 years of residential period but now they go far till 10 years under good under good character.
When I left UK immigration asked me to sign a declaration and told me there is no ban on me for returning to UK even one year because I am leaving volentarily but he said you only get visa from home country if it's strong application not visit visa.
He gave me a document and ask to show this document in embassy when apply.
Do not know what is my position?
Should I ask HO for my record file that cost £10?
Expert advice please...
What was the document?Andrewbird35 wrote:He gave me a document and ask to show this document in embassy when apply.
Thanks Vinny for replyvinny wrote:What was the document?Andrewbird35 wrote:He gave me a document and ask to show this document in embassy when apply.
Personally I am of the view that if you were here illegally (visitor's visa isn't being illegal, expired visa is being illegal) then you have to wait for 10 years from the date you became legal again, so suppose you became legal again in 2007, then you will eligible to apply for Naturalisation on 2017.Andrewbird35 wrote:Thanks Vinny for replyvinny wrote:What was the document?Andrewbird35 wrote:He gave me a document and ask to show this document in embassy when apply.
To be honest I can't remember name of docent and I have lost that as well.I think I have that to embassy or may be not when applied for FP.Really can't remember as it's been 8 years now and my memory is not that good.
But I remember the content of document was a letter issued to someone who is leaving voluntarily.
Note..I did not have valid passport(had passport but expired)and took a travel document from home country's embassy.
Furthermore,immigration officer called to HO and reconfirmed my pending application.
My EEA partner was with me and IO asked me several times that I m sure I wanted to withdraw pending application and leave the country and I said all the time,yes I am sure.
You have breached the conditions of Visit Visa in past. Visit visa does not allow you to switch.Andrewbird35 wrote:My point is if you have pending application of any sort all the time and if you are told leave the country in so on time or other way around(you leave yourself voluntarily).
Then why should some one penalised?
In my opinion,I followed the rules.
Applying any thing is not crime itself even Astlum or humanitarian protection..Regardless of outcomes of application.If so then it should say if your application refused you would be classified as a criminal.
Isn't it?
It's big debateable point.
Still waiting for Vinny and Amber's very expert opinion.
Wow,PrestonLancs wrote:Just noticed your other posts.
Your appeal rights exhausted in 2004, but you did not leave UK until 2007.
2004-2007 is clearly illegal. Human rights representations do not make your stay legal.
You have to count 10 years from your entry in 2009. As simple as that.
Personally I think you are correct, one shouldn't be penalised if you had made an application in time, to extend the visa. Then as long as your application is with Home Office, your immigration status stays the same as your current visa, even if visa expiry date passes, now, if you have withdrew your application at an exit port, then you left the UK on the day your visa expired, therefore no rules were broken. You reentered on a valid visa and stayed legal throughout, you should not worry at all. Book NCS (link in my previous post) and apply.Andrewbird35 wrote:My point is if you have pending application of any sort all the time and if you are told leave the country in so on time or other way around(you leave yourself voluntarily).
Then why should some one penalised?