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Good character

Posted: Mon Nov 16, 2015 1:51 am
by vovo
I am looking to apply for naturalization this year and would like to find out if I still qualify for naturalization due to a gap in my leave to remain due to a delay in my work permit being granted after completing university in September 2006. My Student visa was expiring 30 November 2006. I had secured a job and my employer applied for work permit in August then October 2006. Due to delays in my NMC pin coming out the work permit wasn't granted in time. I submitted my LTR application without the work permit at the advice of my employer (they stated it was due to come out any time) before 30 November 2006 unfortunately this application was refused on 14 December 2006. In the refusal letter it was mentioned to inform the Home Office if I had reasons why I should be allowed to stay in the UK. I therefore sent back my passport on 18 December 2006 under Fresh Talent- working in Scotland scheme which was refused as follows: "you made an application on 18 December 2006, your leave to remain expired on 30 November 2006. You therefore did not have leave to remain at the time of your application". This letter came through in January 2007. My work permit was finally granted and my employer submitted a fresh application in February 2007 and leave to remain was granted on 2 April 2007.

Does this affect my good character requirements if yes any advice on what I should do? Was I in the uk illegally?

Re: Good character

Posted: Thu Nov 26, 2015 4:12 pm
by fwd079
Time spent in UK during the time of application for further leave to remain in any category, is considered spent under the visa the applicant holds at the time of application for further leave to remain.

Personally I dont think you were here illegally as your Tier 2 visa application was in process of being decided, which was eventually decided in your favour. Your ILR application was considered and such things might have come into consideration back then.

I shall await further replies though. Good luck.

Re: Good character

Posted: Sun Nov 29, 2015 4:01 am
by vovo
Thanks fwd079 for your reply, my main worry was on the second application that i made. Do you think i will have to write a cover letter to explain the gap

Re: Good character

Posted: Wed Dec 02, 2015 5:25 pm
by fwd079
Cover letter isn't necessary in any case, but I have always included one in all of my applications. However as I said personally I think such checks had been made during your ILR.

You should await further replies here.