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Caseworker Guidance for Citizenship

Posted: Thu Mar 14, 2013 12:45 pm
by imranb
Hi All,

I would really appreciate if someone can help me find a ‘Caseworker Guidance for granting British Citizenship’ sort of a document. I am aware of something similar that existed for ILR applications that was really helpful in understanding how a caseworker approaches an application.

The reason why I am looking for such a documentation is that unfortunately there is a 12 day (ONLY) gap between 2 of my initial work permit visas. It was due to my organisation sitting on my application and not submitting on time. During ILR application a year ago, at the Solihull PEO, the caseworker immediately picked that out and started suggesting that those 12 days are unlawful stay and my ILR application should be rejected. I was pleading with him trying to explain it was not my fault that my organisation delayed my application, but he insisted that irrespective of whose fault it is, the 12 days still remain unlawful. I then also pleaded that there is a rule that says that a 28 days grace period is allowed between 2 WP applications, and hence my case should be considered. I could only pull that rabbit out of the hat as I had read the Caseworkers guide for granting ILR before applying for ILR. Eventually he referred my case to his seniors and finally granted me ILR. It was quite an harrowing experience as I was almost unsuccessful in my ILR application.

Now that I am applying for citizenship, I fear that the same issue might crop up again, so I wanted to be rather prepared with some sort of words that come from a caseworker guide for citizenship applications. If not, any other pointers in helping me represent this in a better way would be highly appreciated.

Posted: Thu Mar 14, 2013 12:54 pm
by vinny

Posted: Thu Mar 14, 2013 1:16 pm
by imranb
Thank you Vinny. You are a real star.

Having gone through Section B, the paragraph that appears to be relevant to my situation is reproduced below. I am a bit at loss in interpreting it. In your learned opinion, does the below words appear helpful to my situation? Any hints/pointers would be highly appreciated. (I am already indebted to you :-) )

8.3.1 The position of people refused leave to remain before 2
October 2000 was covered by the Immigration (Variation of
Leave) Order 1976 (VOLO). VOLO automatically extended
the limited leave of a person who applied "in time" (i.e. before
the expiry of a period of leave to enter or remain) for variation
of his leave, until 28 days after the date on which the
application was decided. The 1976 Order was amended in
1989 so that it also gave the person 28 days after any
withdrawal of the application. Extension of leave under this
Order operated without any endorsement of the applicant's
passport or the need to give any other notice in writing to the
applicant. The 1976 Order did not apply to an "out of time"
application (i.e. one made after the expiry of the person's
leave to enter/remain), or where an application was refused
whilst a person had more than 28 days of current leave to
enter or remain left.