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Posted: **Sun Aug 26, 2018 10:41 am**

Hi, I wonder if I can get some insight into the following situation - Did I break the law at any point which might affect my application for neutralisation next year..

I came to the UK on a student visa 09/2007 valid until 01/09/2010. New application for extension sent on time and raised by HO on 01/09/2010 - I didn't by then have all the supporting documents which resulted in application refusal. As soon as I learnt about the decision I called HO and requested for my documents and passport to be sent to me asap so I can leave the UK (without breaking the law) and reapply from overseas for another student visa - I was also advised by HO to do that so I don't risk breaking the law which could result in future application denial of entry of up to 10 years. So, I received the refusal letter through post 15/09/2010, dated 10/09/2010 and I left the UK on 17/09/2010 (2 days within the receipt of my paperwork from HO). Reading the refusal letter now, I see that I had the option of resubmitting a fresh (accurate) application within 21 days but back then I didn't realise. DO I COUNT AS AN OVERSTAYER (BREAKING THE LAW)?

I went overseas, reapplied once I received my CAS from uni and came back to the UK on student visa valid 31/12/2010 - 31/07/2013. In May 2013 it was apparent that a major conflict started back home so I applied for asylum and was granted 05/2013 (before expiry of student visa).
I received my ILR this month and I question if I will have any issues when applying for neutralisation next year? Did I break the law even though I withdrew my application instantly and did as advised by HO and left the UK 2 days within receiving refusal documents in 2010?

Also, I told the HO that I want to leave so I don't break the law but will they have a record of that? Will they know I actually left voluntarily with 2 days of receipt of documents (exactly 7 days of refusal)? I have a stamp in my passport of entering another country on that date (this probably can be a proof)?

I appreciate your help.
Thanks

Posted: **Sun Aug 26, 2018 1:15 pm**

Hi, I wonder if I can get some insight into the following situation - Did I break the law at any point which might affect my application for neutralisation next year..

I came to the UK on a student visa 09/2007 valid until 01/09/2010. New application for extension sent on time and raised by HO on 01/09/2010 - I didn't by then have all the supporting documents which resulted in application refusal. As soon as I learnt about the decision I called HO and requested for my documents and passport to be sent to me asap so I can leave the UK (without breaking the law) and reapply from overseas for another student visa - I was also advised by HO to do that so I don't risk breaking the law which could result in future application denial of entry of up to 10 years. So, I received the refusal letter through post on 15/09/2010, dated 10/09/2010 and I left the UK on 17/09/2010 (2 days within the receipt of my paperwork from HO). Reading the refusal letter NOW, I see that I had the option of resubmitting a fresh (accurate) application within 21 days but back then I didn't realise. DO I COUNT AS AN OVERSTAYER (BREAKING THE LAW) even though I left as per then HO "legal timeline for exiting the UK"?

I went overseas, reapplied once I received my CAS from uni and came back to the UK on student visa valid 31/12/2010 - 31/07/2013. In May 2013 it was apparent that a major conflict started back home so I applied for asylum and was granted 05/2013 (before expiry of student visa).
I received my ILR this month and I question if I will face any issues when applying for neutralisation next year in August? Did I break the law even though I withdrew my application instantly and did as advised by HO and left the UK 2 days within receiving refusal documents in 2010?

Also, I told the HO that I want to leave so I don't break the law but will they have a record of that? Will they know I actually left voluntarily within 2 days of receipt of documents (exactly 7 days of refusal)? I have a stamp in my passport of entering another country on that date (this probably can be a proof)?

I appreciate your help.
Thanks

Posted: **Sun Aug 26, 2018 2:18 pm**

da09aam wrote: ↑
Sun Aug 26, 2018 1:15 pm
Hi, I wonder if I can get some insight into the following situation - Did I break the law at any point which might affect my application for neutralisation next year..

I came to the UK on a student visa 09/2007 valid until 01/09/2010. New application for extension sent on time and raised by HO on 01/09/2010 - I didn't by then have all the supporting documents which resulted in application refusal. As soon as I learnt about the decision I called HO and requested for my documents and passport to be sent to me asap so I can leave the UK (without breaking the law) and reapply from overseas for another student visa - I was also advised by HO to do that so I don't risk breaking the law which could result in future application denial of entry of up to 10 years. So, I received the refusal letter through post on 15/09/2010, dated 10/09/2010 and I left the UK on 17/09/2010 (2 days within the receipt of my paperwork from HO). Reading the refusal letter NOW, I see that I had the option of resubmitting a fresh (accurate) application within 21 days but back then I didn't realise. DO I COUNT AS AN OVERSTAYER (BREAKING THE LAW) even though I left as per then HO "legal timeline for exiting the UK"?

I went overseas, reapplied once I received my CAS from uni and came back to the UK on student visa valid 31/12/2010 - 31/07/2013. In May 2013 it was apparent that a major conflict started back home so I applied for asylum and was granted 05/2013 (before expiry of student visa).
I received my ILR this month and I question if I will face any issues when applying for neutralisation next year in August? Did I break the law even though I withdrew my application instantly and did as advised by HO and left the UK 2 days within receiving refusal documents in 2010?

Also, I told the HO that I want to leave so I don't break the law but will they have a record of that? Will they know I actually left voluntarily within 2 days of receipt of documents (exactly 7 days of refusal)? I have a stamp in my passport of entering another country on that date (this probably can be a proof)?

I appreciate your help.
Thanks

I am going over the rejection letter I received in 2010 and it says Application is INVALID and not REFUSED as application was filled incorrectly. I was given the chance to resubmit a fresh application but instead I left the UK instantly and applied form overseas. I was advised to do so by HO as I didn't have my CAS - Will HO know that I left voluntarily within 2 days of receiving documents back to avoid being in UK illegally?

Thanks

Posted: **Sun Aug 26, 2018 2:34 pm**

Your posts have been merged into one thread (this one). Please keep your queries in this thread.

Posted: **Sun Aug 26, 2018 2:40 pm**

Thanks. Sorry I wasn’t sure when thread my query is related to.
Do you have any idea Re the above as a moderator?

Posted: **Mon Aug 27, 2018 7:04 pm**

Hi da09aam, have a read of this document on page 26 https://assets.publishing.service.gov.u ... 2.0EXT.pdf

• the applicant had made an ‘in-time’application, but the application was rejected and so they became in breach o this is provided there is no reason to doubt that the form was submitted in good faith and a fresh application was submitted within 28 days of the rejection and before 24 November 2016

I'm aware your application was invalid rather than rejected but I still think you can argue your case that you did all you could to not breach the immigration control. Your overstay was 16 days so way below the 28 days. All your communications with HO where you made an effort to abide by the rules and the letter where they advised you what to do in order to not breach the rules will all be handy.

da09aam wrote: ↑
Sun Aug 26, 2018 2:18 pm
Also, I told the HO that I want to leave so I don't break the law but will they have a record of that? Will they know I actually left voluntarily within 2 days of receipt of documents (exactly 7 days of refusal)? I have a stamp in my passport of entering another country on that date (this probably can be a proof)?

To get your HO record you can apply for a SAR. Read this thread on how to go about it. Also yes, the stamp in your passport can be proof. general-uk-immigration-forum/how-to-do- ... 5376.html

Posted: **Mon Aug 27, 2018 9:45 pm**

Hi xavieryves,
Thanks for your reply. How did you work out the 16 days overstay... an application was made on time on 01/09/10, and as far as I am aware you're not overstaying as long as your application is in processing? Am I right?

The application invalidity date is 10/09/10 but I received it on 15/09/10 - I then left UK on 17/09/10!

I requested my SAR records and they say "applicant requested an immediate return of his passport and paperwork".. but doesn't say the reason. I verbally spoke with HO and told them that I want my paperwork back asap so I can leave and stay within the law. They also suggested I leave before a certain date but I unfortunately don't have that in writing.

Posted: **Tue Aug 28, 2018 1:23 am**

da09aam wrote: ↑
Sun Aug 26, 2018 2:18 pm
I am going over the rejection letter I received in 2010 and it says Application is INVALID and not REFUSED as application was filled incorrectly.

This distinction of your application being Invalid and not Refused cannot be underestimated. If they are going to refuse you BC, this will be the reason. It is also why your overstay is 16 days because your valid visa expired on 1/9/10 and you left the country on 17/9/10. Invalid application is as though you never made an application.

Posted: **Tue Aug 28, 2018 10:58 pm**

Thanks Xavieryves - Its da09aam using my brother's account. I wonder if I should argue it... In reference to your link page 26 https://assets.publishing.service.gov.u ... 2.0EXT.pdf I submitted a fresh application overseas but it was after 28 days. I am not sure what I can do.

Posted: **Tue Aug 28, 2018 11:18 pm**

Your best bet is to apply for BC after 31/12/2020 i.e. 10 years after your status was regularised, provided you meet all other requirements.

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