Not meeting good character clause through HO system error?

[tested768]

Hi All,

I've just submitted my AN form through the NCS in Lewisham. Qualifying criteria was 5 years residency (2 x 3yrs discretionary Leave) + 1 Yr ILR. My worry is about the good character requirement - the lawyer that we have used for all our renewals didn't think we had any issues with this but upon reading some of the stories on this board (which I really wish I had known about before submitting!) I believe I will most likely be refused.

In May/Jun 2005 my mother applied to remain in the UK after relationship breakdown. Up to this point we had been student dependants, and in May 2005 my father decided to leave the country. For three years, we heard nothing back from HO. After much letter writing and even getting MP involved, they finally replied in 2008, with a refusal. This decision was appealed and at the hearing, it transpired that HO had actually refused our application in July 2005 (stamp is in the passport) but they admitted that due to system glitch, they had forgotten to follow through and inform us of their decision and send our documents back. We were given DL based on this home office error.

Now my question is, does the period in which we didn't hear from home office count as overstaying as they had already made a decision (albeit without informing us) ? Since the good character qualifying period for me is 2006-2016 would I be considered as not having a valid stay between 2006-2008 in the period we were waiting to hear back and subsequently got our DL? Do HO take into consideration at all being a minor between those 2 years?

Thank you in advance for your replies.