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Eligibility Check - British Citizenship - 10yrs residence break

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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manitops
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Joined: Tue Jun 04, 2019 9:40 am

Eligibility Check - British Citizenship - 10yrs residence break

Post by manitops » Fri Sep 06, 2019 4:38 pm

I am a little concerned about my situation, please can someone advise on my eligibility for British Citizenship in July 2020.

Timeline

Arrived UK in September 2009 - Student Visa

In time renewal and was granted Post Study Visa - Valid until 10 September 2012

In time FLR(M) application made on the 7th September 2012 - This was Refused on the 5th March 2013. (Home office error - missing documents claimed which I submitted)

In time appeal lodged to High court - 20th March 2013 (deadline of appeal was 21 March 2013)

Solicitor advised appeal will take long that I should withdraw appeal and re-apply

Appeal withdrawn in 23 April 2013. On the same day, a second FLR(M) application was made 23 April 2013

Second FLR(M) application refused - 11 May 2013. HO concluded that more than 28days had elapsed since my original leave to remain had expired. And that although I had Section 3C while appeal was pending, once I withdrew my appeal, my Section 3C reverted back to the date of refusal of previous application which is (5th March 2013) and that I am now an over-stayer and should leave the country.

Pre Action protocol sent to HO to reconsider in June 2013- No response

Judicial Review submitted - July 2013 ( This took a very long time (almost a year) with HO requesting for multiple extensions to file Acknowledgement of Service)

Judicial Review finally went before a judge on paper and permission was granted for full hearing in March 2014. The QC Judge made the ruling that the effect of section 3C in the circumstance where an appeal is withdrawn before being determine gives rise to an arguable issue in law which is the central grounds for the JR.

On the date of the full hearing in court, HO withdraw their refusal decision for application made 23 April 2013.

FLR(M) now granted for 2.5yrs for application made on 23 April 2013.- FLR (M) Letter dated 4th July 2014 saying leave is granted.

Applied for second FLR (M) on the 02/ December/ 2016 using same day application which was granted

Applied for ILR(M) on the June 2019 - granted ILR June 2019


*** I should be eligible for BC using ILR + 1yr in July 2020.


My concern is my immigration status between 10 September 2012 until 4th July 2014. If this will be seen as break of residency.

Thanks all for your help

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Zimba
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Re: Eligibility Check - British Citizenship - 10yrs residence break

Post by Zimba » Fri Sep 06, 2019 7:59 pm

Until appeal was withdrawn you had section 3C, so you should not worry
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

manitops
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Posts: 43
Joined: Tue Jun 04, 2019 9:40 am

Re: Eligibility Check - British Citizenship - 10yrs residence break

Post by manitops » Fri Sep 06, 2019 9:11 pm

Zimba wrote:
Fri Sep 06, 2019 7:59 pm
?
Until appeal was withdrawn you had section 3C, so you should not worry
Thanks Zimba for that


What is my status from when appeal was withdrawn and the new application made same day 23 April 2013 - until HO withdrew the refusal and granted leave on - 4th July 2014 after the JR ? this is over a year

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Zimba
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Re: Eligibility Check - British Citizenship - 10yrs residence break

Post by Zimba » Fri Sep 06, 2019 9:39 pm

Overstayer but such periods will be disregarded under discretion
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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