Citizenship - Questions received from Home Office
Posted: Wed Jul 29, 2015 4:32 pm
Hi ,sushdmehta wrote:It is important to understand your immigration status before you were granted discretionary leave in 2009, because:
Annex D: the good character requirement wrote: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
Wondering I could get any help interpreting the 9.7(b) provision on breaking any immigration rules in the last 10 years.
I applied for citizenship in February 2015.I have ILR by virtue of being a spouse of a BC. ILR was granted January 2014. I have now received a letter from Home office stating that my records show that "Their records show that I remained in the country after expiry of my leave to enter between jan 2004 and at least July 2006 " and have asked for further information such as where I lived, if I worked etc. The questions seem to be fishing questions.
I didn't overstay but rather travelled in and out of the country during this period whilst enrolled on a distance learning degree course with a Uk university. The fact that this is being raised now, should I just wait till 2016 and reapply (as it will be ten years then) or should I respond with information asked which appears to be a fishing expedition looking to find alternative means to refuse my application. If I don't respond, will the ten years begin to count from 2006 or from now?
Please note I lived in my home country all up to 2011 when I got my spousal visa and all visits to the uk were on visitors visa and I kept within the 6 month requirement. I will be very grateful as I don't have all the evidential documents the HO has asked to provide with my response. I did not work or claim benefit or anything like that.