Post
by User1982 » Fri Oct 09, 2015 12:51 pm
Hi Let me explain the situation.
1992- I was 10 years old and entered UK as a dependent under my father. I didn't have a passport and was under my mother's passport.
2000- At age 18 years, I Received my own passport. Visa was still under my father's dependent.
2003- Applied for ILR under discretionary/compassionate ground while VISA was still under my dad’s name/ dependent.
2004- My solicitors informed HO refused my 2003 application and they will apply for VISA extension. I started my first professional job by then. My work asked me very little as to if I am legal or not.
Between 2004 and 2008, I did not heard back from HO, as they misplaced my case work for 4 year, and once they found my case work, they started on it.
June 2009- I was involved in a car accident and I had received 4 points on my driving license and fee.
2009- LVR was granted until Jan 2010, and I was able to take up any work. By by already this time I was working professionally, whenever I was asked about my Visa by my employer, I simply said it is under consideration and showed them my letter from HO that I received when my solicitors applied in 2004.
Jan 2010- Applied for extension on Visa. When application was granted, my solicitors asked HO to change this application to ILR. Continued to work as normal as I was eligible.
June 2010 - HO informed my solicitor that the right fee should be paid, as the fee for ILR application is higher.
July 2010 - Application received/processed by HO to start ILR process. Continued to work as normal.
Oct 2010 - ILR was granted.
Jan 2012 - Applied for Naturalization.
April 2012- HO refused as I had unspent conviction/traffic offence, and they said wait 5 years from June 2009.
June 2014- Applied for Naturalization (2nd).
April 2015- HO refused as they claim I was stayed 'illegally' from Jan 2010 to July 2010 when I applied for naturalisation. But the fact is applied for Visa extension on Jan 2010, and then application was changed during HO deccession. Which they accepted. It was written I would be eligible to re-apply 5 years from July 2010.
Oct 2015- Going for Naturalization (3rd) I waited until now as it would be safer to apply because I would have a clear 5 years stay from the day I was granted ILR.
My question is regarding the below, as I am worried that the Home Office may say that I was working without permission before my status was legalised in the UK in last 10 year period. As they already claim I overstayed from Jan 2010 to June 2010, which is not true (but how do you correct a case worker?!).
I would like to have your thought on it.
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Section 9.7 (c) of Annexure D of Chapter 18 of Nationality Instructions;
9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years
preceding the application the person has not been compliant with immigration
requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
