To apply or Not to apply....

Your thoughts and advice are most welcome please everyone.

I've just this week obtained ILR under SET(M). I'm looking into naturalisation now and the barrier that I have is the good character requirement.

In May 2006, I applied under HR Article 3 to regularise my stay following a long period of overstaying. It took 6 years for my case to be considered before I received discretionary leave to remain in Aug 2012.

I requested a SAR from UKVI in 2019 and on it they noted that the DL was given, amongst other reasons, because UKBA mishandled my case when they did not acknowledge my initial application in 2006.

I'm thinking because there were no Terms or Conditions of stay set for the 6years I waited for a conclusion, this might give me a little bit of leverage to ask them to exercise discretion when considering good character element (2009-2019) in my application for BC.

It's a long shot but wondering if it is a shot worth taking still??? What do you think?

Were you illegal in the country in the last 10 years?

That's the question really. If yes, your application is likely to be refused. You have to wait until you get 10 years clean immigration history before applying for British Citizenship.

It's becoming de facto an eligibility criteria.

Hi all,

So I threw caution to the wind and applied for my naturalisation on 19/11/2019. I provided everything required and supporting letter with the reasons and evidence from my SAR to why I believed discretion had to be exercised, as explained in my original email above dated 09/11/2019.

Today, I've received an email that I have been granted British Citizenship. I'm so pleased that my application has been accepted without the need for reconsideration.

Thank you for this forum which has supported me to be empowered with knowledge that has enabled me to represent myself for the past 7.5years. This forum, its moderators and members are truly a Godsend.

#Blessed

rumishe wrote: ↑

Mon Jan 20, 2020 6:12 pm

Hi all,

So I threw caution to the wind and applied for my naturalisation on 19/11/2019. I provided everything required and supporting letter with the reasons and evidence from my SAR to why I believed discretion had to be exercised, as explained in my original email above dated 09/11/2019.

Today, I've received an email that I have been granted British Citizenship. I'm so pleased that my application has been accepted without the need for reconsideration.

Thank you for this forum which has supported me to be empowered with knowledge that has enabled me to represent myself for the past 7.5years. This forum, its moderators and members are truly a Godsend.

#Blessed

Hi
Congratulations
Advise you sought from here was you are likely to get a refusal as you overstayed in last 10yrs but actually they exercised discretion and granted you citizenship which is great .It is rare from HO to exercise discretion in circumstances where applicant is going to benefit but I think you just got a good caseworker who understood your history and mainly UKBA mishandled your case which got you sympathy.