Overstaying: What does HO Wants?

[osoronga]

I applied for naturalisation on 18th October 2018.

In the application and my covering letter, I explained I have been a self-employed overstayer for 40 months - Oct 2009 to Feb 2012 although HO later wrote that it was till June 2013(56 months).

In the application covering letter, I stated that I have been working not as a PAYE but as a self-employed labourer under CIS and under that scheme, I am not obligated to present a valid leave to remain to get work neither are my ‘employers’ obligated to ask for one because in the strict sense of the word, I am not an employee but a subcontractor duly remitting my taxes to HRMC who was also happily receiving the taxes every year.

According to judicial precedence, HO is legally compelled not to refuse for poor character until all provided evidences of good character have also been weighed. I stated that my overstaying neither constituted disregard for UK law nor was it a pattern of behaviour since I have never committed any crime or received any caution every since. But rather, it is a minor bleep on my wide-ranging good character attributes. I began to list a number of positive contributions to the UK during my period of overstay and what I have became afterwards.

I understand HO at times send qood character questionnaires to applicants with overstaying record from previous contributors to this forum. I didn’t wait for this. I answered all the questions in my application and provided supporting evidence.

Yet on 5th December 2018, HO responded sending the same questionnaire, I thought I had answered and they were also asking for documentary evidence. Their letter made no reference to the answers in my covering letter and the evidence provided which were all returned with all my documents.

What is HO’s game here? What do they want?

Your thoughts are welcomed please.

[alterhase58]

I am not an expert in the exact application of the law and I am not sitting in judgement, but overstaying is a serious offence, as you know, even if you have not committed any other crimes and you have made contributions to the economy and society. The Home Office UKVI appear to stick to their procedures. And who knows, if you provide all the details required by the form, you might be lucky.