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Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 6:43 pm
by Asou84
Dear all,
It is my first time on this site so I am not sure if I am going about it the right way. My case is this. I came on atourist visa in Sept 1992. I was an overstayer from Mar 1993 until 2009 when I gained ILR (old 14 years rule). Place my naturalisation application Feb 2016. Whilst some suggest that my application would be refused since it has been 10 years and that I had to wait until 2019 for the Good Character requirement to kick in and that my application would be automatically refused I have receive an odd 8 question survey on the years running from 2006 to 2009 from HO asking to asnwer and back to allow for further review of my case. I went through the whole forum and my case seem unique? Has anyone heard of this? Should I be very worried. I mean by HO own admittance I gained my ILR in 2009 and MAY not fulfill the goo character requirements and then they ask me to complete a 8 questions questionnaire to review my case. I thought it was a case of yes or no.
Thank you,
As
Help- Unsuccessful application - good character
Posted: Tue Jun 14, 2016 6:53 pm
by zub786786
can you tell what question they asking from you
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 6:55 pm
by CR001
What are the questions in the questionnaire?
Is there anything specific about 2006 to 2009 that you can think of?
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 7:01 pm
by noajthan
Asou84 wrote:Dear all,
...
I mean by HO own admittance I gained my ILR in 2009 and MAY not fulfill the goo character requirements and then they ask me to complete a 8 questions questionnaire to review my case. I thought it was a case of yes or no.
Thank you,
As
Good character is not set in stone nor is it defined in the BNA.
It is assessed on a balance of probabilities so it is not decided on a binary flip of a coin.
The caseworker may be gathering the necessary information with which to weigh up that balance of probabilities (especially if you were a minor back in the day).
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 7:16 pm
by Asou84
Hi,
I wasn't a minor. I am currently 41. The questions an exact period of 10 years when added to the time since i have obtained the ILR from the moment I have applied to be naturalised. The queston are like:
- Have you ever worked during those 3 years?
- Where did you live?
- Did you receive Benefit?
- Who did you live with?
- How you were able to sustain yourself?
- Have you received education during that time?
- Who were your solicitors?
- What steps did you take during those 3 years to regularize your situation?
The trouble is they say if you can, please provide documentary evidence. How can one provide documentary evidence and in the absence of documentary evidence what can one do? For example I never claimed benefit - how can I prove that? You have to take my word for it.
Some say that I will be refused but then why ask for things I can't prove other than answer the questions? I am confused..as I have any such case in this forum..
Very Tricky....
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 7:25 pm
by CR001
Asou84 wrote:Hi,
I wasn't a minor. I am currently 41. The questions an exact period of 10 years when added to the time since i have obtained the ILR from the moment I have applied to be naturalised. The queston are like:
- Have you ever worked during those 3 years? So did you work? If you did, did you get payslips,paid cash, paid into bank account etc. If you did work, did you work with your own identity or with F A K E identity documents. Do you have an NI number and if yes, when did you get it.
- Where did you live? Easy enough to answer as you should know this one
- Did you receive Benefit? If you did not, then answer no. HO can check so make sure you are honest.
- Who did you live with? Again, easy to answer as you should know this one.
- How you were able to sustain yourself? So how did you pay rent, buy food, transport etc.
- Have you received education during that time? Well did you, simple yes or no. If yes, you should have paperwork.
- Who were your solicitors? Did you have one, if so, provide the details. If not, then say no
- What steps did you take during those 3 years to regularize your situation? Be honest. If you did nothing and just stayed under the radar then you made no effort to sort out your immigration problems.
The trouble is they say if you can, please provide documentary evidence. How can one provide documentary evidence and in the absence of documentary evidence what can one do? For example I never claimed benefit - how can I prove that? You have to take my word for it. As I said, HO can check
Some say that I will be refused but then why ask for things I can't prove other than answer the questions? I am confused..as I have any such case in this forum..
Very Tricky....
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 7:51 pm
by Asou84
Hi,
I wasn't a minor. I am currently 41. The questions an exact period of 10 years when added to the time since i have obtained the ILR from the moment I have applied to be naturalised. The queston are like:
- Have you ever worked during those 3 years? So did you work? If you did, did you get payslips,paid cash, paid into bank account etc. If you did work, did you work with your own identity or with F A K E identity documents. Do you have an NI number and if yes, when did you get it.
I didn't work. I was married and my ex-wife was a lawyer in on of the top firms in London. Our first daughter was born 29 Aug 2009 and HO has the birth certificates etc...We figured since she was earning a good wage it is only natural that she carries on with her career. No NI until 2010. No Payslip. Not even a GP.
- Domicile? Easy of course but no more paper proof.
- Did you receive Benefit? If you did not, then answer no. HO can check so make sure you are honest.
They are definitely free to check as I have never had.
- Who did you live with? Again, easy to answer as you should know this one.
Sure however again no paper trail - now separated and I no longer in London where we sued to live but in Anglia. She has all the info but bitter separation does not help.
- How you were able to sustain yourself? So how did you pay rent, buy food, transport etc.
She was - HO has an old letter fr solicitor confirming all bill and reent agreement were in my ex-partner's name and they (the solicitors) saw all original at the time. I even I found old letter that our solicitor sent through years ago but dates 2009, not 2006 with all these information but it seems HO no longer seem to have any of those (?!)
- Have you received education during that time? Well did you, simple yes or no. If yes, you should have paperwork.
Sure - Never have during that period.
- Who were your solicitors? Did you have one, if so, provide the details. If not, then say no
HO has been laising with the self same solicitor for most of that period. which add to my confusion but we did have.
- What steps did you take during those 3 years to regularize your situation? Be honest. If you did nothing and just stayed under the radar then you made no effort to sort out your immigration problems.
- Stayed under the radar but for the first part of 2006 but as my partner becaming pregnant we decided I needed to start regularizing my situation - Daughter born Aug 2007.[/b]
Thank you so much for taking the time to reply. Much appreciated.
Kind Regards,
ASOU84
The trouble is they say if you can, please provide documentary evidence. How can one provide documentary evidence and in the absence of documentary evidence what can one do? For example I never claimed benefit - how can I prove that? You have to take my word for it. As I said, HO can check
Some say that I will be refused but then why ask for things I can't prove other than answer the questions? I am confused..as I have any such case in this forum..
Very Tricky....
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Jun 14, 2016 8:08 pm
by noajthan
Regrettable that a top lawyer didn't help you sort this out years ago. If it wasn't their area they would have had the wherewithal and connections to do so.
All you can do now is submit the questionnaire.
If you want to get into the head of the caseworker who will assess and weigh up your case you can dig into HO guidance, here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Aug 16, 2016 1:37 pm
by alien84
have you heard back from Home Office once you submitted questionnaire?
I am in exactly the same situation.
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Aug 16, 2016 7:13 pm
by clairepf
alien84 wrote:have you heard back from Home Office once you submitted questionnaire?
I am in exactly the same situation.
I sent my questionnaire 26 July. I'm still waiting
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Tue Aug 16, 2016 11:50 pm
by asp
As a matter of interest, what did your lawyer ex think your statusxwas before you got long residence?
Re: Help- Overstay Period = ILR 14 years - good character
Posted: Wed Aug 17, 2016 9:29 am
by foufou
You have very good chance because u was married and your wife was supporting u , just focus on this when u send your questioners back to HO , good luck