Immigrationboards.com

Hi all
I wish if anyone can give me advise on my situation.
I applied for citizenship last month and today I received the refusal letter based on breaches immigration law back in 2010.
I came to the UK in 2006 as a student and in may 2010 applied to extend my student visa but was rejected by home office becaseu I did not have enough maintenance fund .
In February 2011 I applied for student visa based on my unconditional offer form a university to study master degree and I got 2 years student visa but honestly I dont know how I got it .
In 2013 I applied for asylum and got 5 years and then I got indefinite last yeaand then applied for nationality but been rejected.
The reason for refusal that is that 8 months gab and also the case worker mentioned that I provided documents that I was working during that period of time . Since I was illegal I stopped working in pizza hut I did not work one hour at all as I was using my saving , how come he mention this wrong information in the letter .
I spoke to my solicitor for advise and she said we can do reconsideration and I need to get employment history from HRMC and my bank statements which I did not work at all that period which might help
Can you guys advise if this will help and if anybody did reconsideration before and has been successfull and how long does it take normally to reply because I will not lose hope
Thanks

Do NOT start multiple posts ! Stick only to this one.

yes you are right but i was so confused yesterday when i received the refusal letter and i need to know weather to submit new application or reconsideration which i try to avoid as it might takes long time

Discretion is applied to overstaying in some cases. Can you share the date of your refusal in 2010 and the date of your new application in 2011 ?

Hi
from 29 /05/2010 wheer i became illegal and on 24/03/2011 i granted 2 years student visa .

Jado1 wrote: ↑

Thu Mar 21, 2019 7:44 pm

Hi
from 29 /05/2010 wheer i became illegal and on 24/03/2011 i granted 2 years student visa .

You saying from 29/05/2010 to 24/03/2011 you was in the UK without valid leave ?
Have you mentioned in your application you was without valid leave in that time?
What date you submit your British citizenship application and did you used new service?

Jado1 wrote: ↑

Thu Mar 21, 2019 7:44 pm

Hi
from 29 /05/2010 wheer i became illegal and on 24/03/2011 i granted 2 years student visa .

Discretion is not applied in your case as you failed to apply within 28 days from becoming an overstayer for a new application.
So rather than leaving the UK, you stayed in the UK in breach of the rules for around 10 months until you secured a new visa.
You may re-apply 10 years from the day you regularise your stay in 2011, which will be late March in 2021. If you maintain your good character until then, you can include a letter and request HO to apply discretion as you maintained a good character for at least a decade.
Needless to say that the grant of citizenship will always be discretionary.

Hi

you are right but the problem that 3 of my friends who had 5 months gab, they got the nationality last week , it seems my caseworkers strict enough and didnt consider the the correspondence i sent to with my application

odat wrote: ↑

Fri Mar 22, 2019 12:50 am

Jado1 wrote: ↑

Thu Mar 21, 2019 7:44 pm

Hi
from 29 /05/2010 wheer i became illegal and on 24/03/2011 i granted 2 years student visa .

You saying from 29/05/2010 to 24/03/2011 you was in the UK without valid leave ?
Have you mentioned in your application you was without valid leave in that time?
What date you submit your British citizenship application and did you used new service?

yes i mentioned everything in my cover letter but it seems they dont read at all

Jado1 wrote: ↑

Fri Mar 22, 2019 11:28 am

Hi

you are right but the problem that 3 of my friends who had 5 months gab, they got the nationality last week , it seems my caseworkers strict enough and didnt consider the the correspondence i sent to with my application

No at all. The problem is not having gaps but failing to apply within a reasonable timeframe is the issue in your case as I pointed it out.
The Home Office actually has a guide which shows exactly when discretion is applied and when it is not. I suggest you to read the section titled 'Discretion to waive immigration breaches' in the Naturalisation as a British citizen by discretion document

Zimba wrote: ↑

Fri Mar 22, 2019 3:20 pm

Jado1 wrote: ↑

Fri Mar 22, 2019 11:28 am

Hi

you are right but the problem that 3 of my friends who had 5 months gab, they got the nationality last week , it seems my caseworkers strict enough and didnt consider the the correspondence i sent to with my application

No at all. The problem is not having gaps but failing to apply within a reasonable timeframe is the issue in your case as I pointed it out.
The Home Office actually has a guide which shows exactly when discretion is applied and when it is not. I suggest you to read the section titled 'Discretion to waive immigration breaches' in the Naturalisation as a British citizen by discretion document

Will the discretion applies if I prove that I was overstated because I was wanted to military service and there is danger to my life

No the guide clearly says under which circumstances it is allowed or it is not allowed. Read it !

Hi, there! I'm a new participant in the forum.
Sorry, I've posted this subject somewhere and I think this is the right thread.