Immigrationboards.com

Hello everyone
My name is khalid I applied for British citizenship on 29/08/2017 through nationality checking service, on January 7th 2018 I received a refusal letter confirming my application as been refused, reason to this was as it states on the letter ( one of the requirements is that an applicant was not in breach of the immigration laws at any time during their ‘qualifying period’ of residence. Your application was received at the Home Office on 29/08/2017 and so the qualifying period is from 30/08/2012 to 29/08/2017.
As you were in the UK in breach of the immigration laws from 04/02/2014, when your leave to remain expired to 20/11/2014 when you were granted indefinite leave to remain this requirement is not met).

I would like to get an advice regarding this refusal please as I have lost all my money, and as is adviced on the letter the closest date I can re-apply for successful application is 20/11/2024.
Thank you

Khalid050 wrote: ↑

Sun Jan 28, 2018 9:34 am

As you were in the UK in breach of the immigration laws from 04/02/2014, when your leave to remain expired to 20/11/2014 when you were granted indefinite leave to remain this requirement is not met).

I don't understand. What were your circumstances from around 04/02/2014?

Brother can u plz explain little bit more ..so the experts can give you valuable advice. .
Thanks

I came to the uk 2008 I claimed as asylum i been given Leave to remain in the UK Varied on 04/02/2009 expires on 04/02/2014. On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.

Thank you for getting back to me.

Then, unfortunately, the refusal may be correct as you had overstayed for many months.

vinny wrote: ↑

Mon Jan 29, 2018 4:07 am

Then, unfortunately, the refusal may be correct as you had overstayed for many months.

It was a difficult time for me and I wasn’t thinking straight but is there anything I could do or try to make the home Office at least to reconsider about the refusal.
Thanks again

Khalid050 wrote: ↑

Mon Jan 29, 2018 3:43 am

On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.

I'm sorry for your loss.

There are no explicit provisions for Section 10 exceptional grants relating to failure in Section 9.7.

However,

Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Discretion to waive immigration breaches
....
Examples of when you might exercise discretion include where:
.....
the person had made a late application for leave to remain which was subsequently granted and either the:
.....
person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement

You could request a review. Ask for exceptional and compassionate discretion to waive immigration breaches, in line with their policy. Refer them to their policy. Submit supporting documents, etc.

Good luck!

Khalid050 wrote: ↑

Mon Jan 29, 2018 4:13 am

vinny wrote: ↑

Mon Jan 29, 2018 4:07 am

Then, unfortunately, the refusal may be correct as you had overstayed for many months.

It was a difficult time for me and I wasn’t thinking straight but is there anything I could do or try to make the home Office at least to reconsider about the refusal.
Thanks again

It's a hard one really but you can try reconsideration. Luck was on your side for HO to have approved your ILR with your overstaying status. You should have declared this on this form that you forgot to renew your visa etc and tick check box 7.7 on the AN form. If you have done that may be your application would have been approved by now or the worst case ask you to reapply in later but not 10 years.

vinny wrote: ↑

Mon Jan 29, 2018 4:58 am

Khalid050 wrote: ↑

Mon Jan 29, 2018 3:43 am

On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.

I'm sorry for your loss.

There are no explicit provisions for Section 10 exceptional grants relating to failure in Section 9.7.

However,

Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Discretion to waive immigration breaches
....
Examples of when you might exercise discretion include where:
.....
the person had made a late application for leave to remain which was subsequently granted and either the:
.....
person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement

You could request a review. Ask for exceptional and compassionate discretion to waive immigration breaches, in line with their policy. Refer them to their policy. Submit supporting documents, etc.

Good luck!

Hi Vinny
I never went to a doctor but I could get death certificate I will try that Thank you for your advice