Naturalisation might be refused

[suzuka23]

Dear all,

I need your thoughts on this.

I came to the UK as a student in 2003. In 2009 I got my PhD and applied for post-study visa, in the meantime I got a job and told them that I was waiting for work visa. Unfortunately, I got a refusal because of the £800 into the account for 3 months before the application (I had a transaction that made the amount go below at some point). I had attached to the refusal an Appeal letter stating that I have 2 weeks to lodge an appeal. I notified my future employer who said OK, we will apply for a Tier 2 visa for you. Called HO and they said if you don't appeal, just leave and apply from your home country. After a month I was back.

In 2013, I apply for ILR under 10 years rule, I got it refused with no chance to appeal because I had a breach in lawful stay, the case worker didn't apply the section 3C rule, where I was protected because I left before appeal deadline. So I let it go, and applied for ILR the following year (5 years Tier 2). I got the ILR, now I am applying for naturalisation.... will that issue impact negatively on the application? I know that the qualifying period is 5 years but reading the forum I realised that they actually look at the past 10 years. Why didn't they apply section 3C protection?

So much stress going on at the moment, I really thought they would look at the 5 years and I still don't believe I did breach the lawful stay in my 13 years of being in the UK. If I knew about the 10 years, I would have attached the appeal and mention the issue in Additional information.

What are your thoughts on the matter? Thank you for reading

[Obie]

This can be explained in a cover letter, with proof that you left the UK before Section Section 3C(2)(b) came to an end.

[suzuka23]

Thank you for the advice
I should have done that at the time of application in adecember i will do that in case of reconsideration if I get a refusal, i have all the paper work to prove I left while 3C was valid.

HO makes rules and they dont even know them sometimes. So frustrating. Lets hope for a case worker with common sense