ILR Granted via JR - Effect on Naturalisation ?

[AML2015]

All

Hope you all are doing well.

Got a question, not sure if its relevant, but worth an ask based on what I have been through in the last 7 months with regards to my ILR.

I have previously posted my entire case history on this forum with regards to my ILR application, but I think it will be too much of an ask for anyone to read it to answer my questions below, links provided just in case if you fancy a read.

http://www.immigrationboards.com/indefi ... 17076.html

http://www.immigrationboards.com/indefi ... 03107.html

Background

1. Initial ILR application at PEO - 13 Feb 2016 (Refused same day)
2. Applied AR - 26 Feb 2016
3. T1 visa expired on 04 March 2016
4. AR refusal - 13 May 2016 (End of Section 3C)
5. Considered to be an over-stayer by the HO from 14 May 2016 since my visa had expired and my AR was refused. (Correct me if I am wrong)
6. Filed PAP - Refused
7. Filed JR - 04 July 2016
8. HO agreed to WITHDRAW the original decision of 13 Feb 2016 and reconsider my application within 3 months from the date of 08 Sep 2016 (UTT sealed consent order on 08 Sep 2016)
9. ILR Approved on 23 Sep 2016 (within 15 days from sealed consent order instead of waiting 3 months)

Now my Question,

The period between 14 May 2016 and 07 Sep 2016, where I was considered as an over-stayer by the HO due to no valid leave and not covered by section 3C, will this cause a problem when I apply for Naturalisation beyond Sep 2017 ?

As per my solicitor, since the HO withdrew the original decision of 13 Feb 2016 as per the agreed consent order which was signed by the UTT on 08 Sep 2016, the gap between my AR refusal and the date of sealed consent order is counted towards my legal stay in the UK (Logically I see it as I applied by post for ILR on 13 Feb and got the approval on 23 Sep).

I am only worried in case my naturalisation application is refused on the basis of this gap, which effectively is not a gap since I got my ILR after my legal battle with the HO and they withdrew their original decision first before granting me ILR.

Can some one please shed some light on my concerns, and let me know if this could be a possible rejection point ? If it is then I intend to apply with all documentary evidence of the JR along with court documents to ensure the caseworker has got everything they need to understand the gap.

Would appreciate your inputs.

Thanks

[devenpunjabi999]

Hey AML, I have just skimmed through your history and sympathize with your ILR application. You should have never been refused in the first instance.

My view is you should not be considered an over stayer as HO withdrew their decision. I would suggest (I guess you will) write a covering letter with your application explain your history. You may also wish to consider applying directly by Post rather than through NCS. This is mainly because NCS are very finicky about sending documents not required. Also the additional details page on AN may not be sufficient to completely explain your case. Maybe some seniors can comment

Just to give you some background on my case (which has some similarities to your own). I was granted Tier 1, extension and ILR on full time roles (i.e. PAYE). All applications were through PEO and accepted very quickly on the day. However between my extension and ILR I contracted though my Limited Company and took dividends and some basic salary. I did not file SA for the same reason - Tax owed was 0. After getting ILR and before applying for citizenship, I decided to file SA for 2 years 2012/13 and 13/14 (maybe I shouldn't have). Although Tax was 0 HMRC fined me £1500 which I paid promptly. Now I am not sure how this will affect my application. There are forums where people have been accepted and even challenged the HMRC fine successfully. I am going to wait for my citizenship application to be processed before challenging the fine

[AML2015]

@Deven

Thanks for your inputs.

My naturalisation app is a year way (23 Sep 2017) but I have already started the thought process. I am keen on applying through NCS since I can freely travel while they decide on my AN application. Nevertheless I will make the decision at the time when I need to apply.

Even if I apply by NCS, I was planning to submit,

1. Covering letter explaining the history behind getting an ILR (with a timeline)
2. JR documents and consent order
3. Letter from my current solicitor explaining the JR decision and withdrawal of original decision.

I am surprised that the NCS team would not accept these additional docs, since I believe its up to the applicant on what documents they intend to submit with their application and NCS only play a role in checking the mandatory docs which are required for AN and forward it to the HO. I dont see a reason why they would refuse to add additional docs to the app if the applicant wants to submit them.

[AML2015]

I would appreciate if the moderators / senior members could share their opinions on my query.

Thanks

[AML2015]

@devenpunjabi999

Any updates on your citizenship application ? Hope it has been successful.

[secret.simon]

His last few posts suggest that devenpunjabi999 has been successful in his naturalisation application.

Your own situation is tricky. As you have mentioned, your leave ran out when your AR was refused. The subsequent grant of ILR only applies prospectively, not retrospectively. So, between the AR refusal and the grant of ILR, you were an overstayer and your status was not retrospectively corrected.

So, your case turns on whether the Home Office made an error in its handling of the case and therefore whether it should exercise discretion in disregarding your overstay when considering your naturalisation application.

I commend you for starting the thought process early. I suggest that you apply for an SAR with the Home Office to see the caseworker's notes on them, to see the basis of the initial refusal, the AR refusal and the basis on which the ILR was subsequently granted.

[AML2015]

@secret.simon

Thank you for your inputs.

Yes I do plan to apply for an SAR in early 2017, since I need to wait for a period of 6 months to lapse from the time I was issued an SAR by the HO. I had requested an SAR in May 2016 after my AR refusal to gather additional evidence for my JR process.

Considering the original decision was withdrawn by the HO in court and as agreed by the consent order which they signed and submitted in UTT, subsequently granting me ILR within 15 days of the UTT seal, I see a minimal chance of refusal on the basis of overstay, but the HO departments and GLD are highly disconnected amongst themselves, which I experienced during my JR for ILR.

FYI, I have put in a separate civil litigation claim against the HO for loss of earnings and special damages caused due to the ILR refusal and made me undergo the JR process. Do you think this claim would cause a reason in the future for refusal of my naturalisation application ?

[noajthan]

Civil litigation is not normally a factor in determining your good character (in relation to naturalisation)
Unless perhaps if taken to extreme in terms of scale or persistence (or pursued in a vexatious or frivolous manner) so as to engender notoriety.

[AML2015]

@noajthan

Thanks for the inputs. The HO has asked for 3 months to review and assess my claim (end of March 2017). Hopefully I will get to know by then on what their intentions are and how long I need to stretch my fight with the HO to get back what I deserved due to their wrong decision.

Will keep you all updated.