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Dec 2014 changes and 28 days gap in previous applications

Posted: Thu Apr 30, 2015 11:07 am
by kiransrose
Hi

I am stressed after reading new good character requirements after dec 2014.

This question may have been asked by some one, but I am unable to find an answer, so please help.

As we all know we were discussing 28 days rule while applying for ILR.

According to this rule if an application been made after visa expiry date and the gap was 28 days then it will be regarded as illegal overstay. and ILR could be granted.

So same is my case, my first extension application form been made few days after my visa expired. However I have been granted ILR.

Now i am preparing to apply for Naturalization, however found posts regarding new rules of illegal overstay.

My question is would the overstaying few days (Max 28 days) will be considered as illegal stay and could lead to refusal of naturalization application?

Will 28 days rule of out of date applications made previously apply to naturalization applications as well? or not?

Any response will be much appreciated as I am stressed at the moment and don't want to waste 1005 pounds, by knowing the fact already.

Kind Regards

Re: Dec 2014 changes and 28 days gap in previous application

Posted: Thu Apr 30, 2015 11:33 am
by vinny
There's hope in Chapter 18 > Annex B: Residence requirements > 8.10.

Re: Dec 2014 changes and 28 days gap in previous application

Posted: Thu Apr 30, 2015 11:51 am
by kiransrose
Vinny, You are genius, I must appreciate your good memory and knowledge.

Thanks alot

Re: Dec 2014 changes and 28 days gap in previous application

Posted: Thu Jun 11, 2015 6:29 am
by jojo351
I have the same question too. could a gap of overstay of that has been challenged successfully before for the ILR application reconsideration become an issue for Naturalisation ?

The nature of my gap was caused by HO, where HO claimed it as 89 days but with their administrative error factored in, my gap was less than 28 days. Therefore, based on this ground, the reconsideration of ILR was successful and I thought the gap won't be a problem in the future naturalisation application.