Post
by mayega » Sun Sep 30, 2018 9:15 pm
Hi Guys,
This is my Updated Brief timeline and my reconsideration explanation. Any advice would be much appreciated before i send it off.
Granted first discretionary leave 3yrs on
10/06/2008-10/06/2011
Sent renewal application on 19/05/2011, using wrong application form HPDL instead of FLRO.
Realized my mistake and wrote to home office to substitute the HPDL application with the FLRO including fees.
Home office received the FLRO application on the 28/07/2011.
On the 19/09/2011 I received a letter with passport saying HPDL was an invalid application, reasons I needed to fill FLRO and add fees.
I attached my passport with the FLRO ref no. explaining I varied this application with a new one nearly 2 months ago, before HPDL was declared invalid.
Section 3C leave extended when an
in-time application is made
An in-time application is an application made by a person in the UK who at the time
of application has leave to enter or remain.
Where an in time application to extend or vary leave is made and the application is
not decided before the person’s existing leave expires section 3C extends the
person’s existing leave until the application is decided (or withdrawn).
Section 3C does not extend leave where the application is made after the applicant’s
current leave has expired.
Date of application: application to vary
Where an application is varied, the application date remains the date of the original
application. This is relevant to whether an applicant has, or will have, 3C leave
Variation of an application for leave – Example scenarios
An application can only have one application outstanding at a time, except for one
very specific exception as set out in example scenario 4 below. When an applicant
submits an application for leave followed by another application for leave, the second
application will either be a variation of the first application, or a new application. The
examples below explain how this works.
Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.
Granted second discretionary leave on
3/10/2011-3/10/2014
Granted indefinite leave (14yr rule) on 28/02/2013
I applied for naturalization on 3rd April 2018 and got refused on 17th September 2018. Reason given was based on failing good character requirement. Home office state that
Our records show that you were in the UK without a valid leave between 10 June 2011 (when your discretionary leave expired ) and 3rd October 2011 when You were granted discretionary leave.You were not therefore compliant with uk immigration laws during this period. You were working from 4th January 2008 - 25th May 2012. During this period you were not compliant with UK immigration laws, you were working illegally. An application made before 3rd October 2021 is unlikely to succeed.
