- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
I'm not familiar with this particular visa, but presume you applied in-time from what you have said & thereby have no breaks in your leave, up until the lost decision letter?Mr Ajk wrote:This is my immigration history
I was on Spouse visa Dec 2009 - March 2011. Applied for definite stay on the basis of child visa in Feb 2011.
When you didn't receive a decision within a few months or even after 6 months of submitting your application, did you not contact the HO to enquire the status? I understand HO SLA's aren't the best, however I'd expect an applicant to normally enquire after a reasonable time has lapsed, without waiting for over a year to pass by with no news. I.e. I'm just trying to understand whether you just asked for your documents back in January 2013, without any previous attempt to find out the status of your application.Mr Ajk wrote: Finally in Jan 2013 I got fed up waiting and asked for my documents to be returned and that's where UKBA finally replied saying that my documents already been sent back in Nov 2011.
Your circumstances are unfortunate, where a decision letter was lost in the post. Based on what you say you were granted ILR with discretion, but that does not erase the fact that there was a break in legal stay from the time between when your former leave expired & your ILR was granted. Did you provide the background information on the reason for your break in legal stay when you made your naturalisation application? I suspect discretion would not simply be applied by default. You may want to consider requesting a reconsideration with that information if it was not highlighted before, and wait for others views/comments before you decide.Now my naturalisation application has been refused because of immigration breach which happened due to loss of documents. As I never received formal decision from HO for my 1 year definite stay, I was totally unaware of any breach at that time. There were exceptional circumstances out of my control and I was expecting HO to use discretion to disregard any breach in my naturalisation application.
Unfortunately S3C would not apply here, as explained before, because your ILR application was made out-of-time, I.e. when you had no leave in the UK. You became an overstayer from November 2012 until you were granted ILR. The fact that discretion was applied to grant your ILR doesn't wipe clear your break in legal stay.I just fail to understand why section 3C never cover me? My previous status of spouse visa should cover me till I get decision of my new application for definite stay which in this case was lost in mail and I never received HO decision.
True. Here you would have been covered by S3C.Mr Ajk wrote:Section 3C was triggered in march 2011 when my spouse visa expired while my application for LTR was already in process before expiry of my spousal visa.
True. I understand that you never received this letter, but that doesn't change the fact that a decision was made to grant you Leave until November 2012, after which would would have become an overstayer. That's the reason I state that you would not have been covered by S3C from November 2012 until your ILR was granted.This section 3C covers me till I get formal decision from HO on my LTR application.
I agree decision was made but According Nationality, Immigration and Asylum Act 2002 section 3C.6 " In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision."True. I understand that you never received this letter, but that doesn't change the fact that a decision was made to grant you Leave until November 2012, after which would would have become an overstayer. That's the reason I state that you would not have been covered by S3C from November 2012 until your ILR was granted.
Mr Ajk wrote:I overstayed my student visa for 26 months between 2005-2007.