Page 1 of 2

good charter , overstayed

Posted: Tue Oct 01, 2019 11:23 am
by ghado1987
Hi Guys

today is the second time i receive refusal letter for my Nationality application based on good char tarter.

my overstaying was in June 2010 for 5 months and they said that i have to apply in 2021 where i will be meeting the good character criteria .

i am not bothered because they refused me as i submitted very strong documents that it was beyond my control and i was working so hard to legalize my situation and i was granted 2 years student visa after the overstaying as i did MA degree
i am bothered because i know 3 of my friends who had gaps SAME AS ME and they were granted nationality , so HO should treat all the same .
i am going to do reconsideration and will include 2 ppl cases who had gap and they were granted nationality so we have matching cases . my question guys when is there any dead line for reconsideration's i heard that i have to do it within one month of refusal .

can any body advise me please as i am so stressed from this alot
thanks

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 11:45 am
by odat
have you submit reconsideration form ?

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 11:54 am
by ghado1987
hi

no not yet , i received the refusal on Friday and so confused as i have to do it perfectly as it is the last chance for me
have you had the experience as there is no fairness at all

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 12:25 pm
by Zerubbabel
Maybe your friends were granted nationality a while ago or their stories were different than yours.

You can always submit reconsideration.

No overstay during the last 10 years has become as strong as an eligibility criteria. If you fail that test, they automatically refuse and give you a date when you can apply again.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 12:33 pm
by ghado1987
Well they applied in May 2019 and they got it , it is all down to the caseworker 's mood which has the power to decide to give or not .i heasrd form my friend that i have 2 weeks for reconsideration , is that right guys or no ?

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:00 pm
by aman90
ghado1987 wrote:
Tue Oct 01, 2019 12:33 pm
Well they applied in May 2019 and they got it , it is all down to the caseworker 's mood which has the power to decide to give or not .i heasrd form my friend that i have 2 weeks for reconsideration , is that right guys or no ?
A single overstay can be overlooked on caseworkers discretion if that is the only reason for refusal.. you should go for a reconsideration
Quite the paragraph in good character case workers guidance..

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:06 pm
by ghado1987
aman90 wrote:
Tue Oct 01, 2019 1:00 pm
ghado1987 wrote:
Tue Oct 01, 2019 12:33 pm
Well they applied in May 2019 and they got it , it is all down to the caseworker 's mood which has the power to decide to give or not .i heasrd form my friend that i have 2 weeks for reconsideration , is that right guys or no ?
A single overstay can be overlooked on caseworkers discretion if that is the only reason for refusal.. you should go for a reconsideration
Quite the paragraph in good character case workers guidance..
yes it is the only overstay , my solicitor wrote 14 pages cover letter which explained everything which a discretion should be given based on it but i am 100 percent he did not read it at all .caseworkers who are most of them Juniors , look at the system and they find a gap in your stay , then they straight a way refuse you they do not bother to read any documents .
hopefully with reconsideration something will happen . but guys again when the deadline to do reconsideration please ?

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:10 pm
by CR001
Can you list your UK immigration history including all dates so that members can actually understand your circumstances??

Also, a 14 page letter!!! Any letter should be brief and to the pint, not a storybook of your life and history in the UK.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:12 pm
by Zerubbabel
my solicitor wrote 14 pages cover letter
I hope he doesn't charge per page...

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:23 pm
by ghado1987
CR001 wrote:
Tue Oct 01, 2019 1:10 pm
Can you list your UK immigration history including all dates so that members can actually understand your circumstances??

Also, a 14 page letter!!! Any letter should be brief and to the pint, not a storybook of your life and history in the UK.
hi

entered the UK 12/02/2006 AS a student as i continued to extended until 28/06/2009 until i submitted an application to renew my student visa but was refused because i did not have enough maintenance in my account .
on 17/12/2010 submitted application for leave to remain Tier 4 student general and then this was refused on 17/01/2011 due to maintenance again because it was a master course , however on 12/02/2011 i applied again to leave to remain (student ) and granted the visa on 24/03/2011 until august 2012 .
i/08/2012 i applied for asylum which was granted on 29/08/2012 until august 2017

i applied for Indefinite leave to remain after that and i got it in 2018 . now in 12/02/2019 i applied for nationality which was refused for overstaying . in May 2019 again i applied which again refused for the same reason .
this is my immigration story , my friend had 4 months gap in 2010 and he got it last May and he did not believe it at all because he was scared of rejection

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:24 pm
by ghado1987
Zerubbabel wrote:
Tue Oct 01, 2019 1:12 pm
my solicitor wrote 14 pages cover letter
I hope he doesn't charge per page...
2200 pounds

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:30 pm
by CR001
Without knowing the reasons for your friends gap or when it occurred, no one can really comment.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:36 pm
by Zerubbabel
ghado1987 wrote:
Tue Oct 01, 2019 1:24 pm
Zerubbabel wrote:
Tue Oct 01, 2019 1:12 pm
my solicitor wrote 14 pages cover letter
I hope he doesn't charge per page...
2200 pounds
2 weeks ago I went to a solicitor to ask if my wife can apply for citizenship. She was overstayer within the last 10 years. The solicitor told us not to apply for citizenship as it will be refused on good character grounds.

You know how much he charged for that? Zero. He told me he doesn't want to charge as he didn't provide any service.

Why did you apply twice within 3 months? There is no point. You can apply as much as you want they will refuse you on the same grounds until 2021.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 1:55 pm
by CR001
Agree with above poster, your first refusal letter would likely have clearly stated when you can apply again.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:01 pm
by ghado1987
aman90 wrote:
Tue Oct 01, 2019 1:00 pm
ghado1987 wrote:
Tue Oct 01, 2019 12:33 pm
Well they applied in May 2019 and they got it , it is all down to the caseworker 's mood which has the power to decide to give or not .i heasrd form my friend that i have 2 weeks for reconsideration , is that right guys or no ?
A single overstay can be overlooked on caseworkers discretion if that is the only reason for refusal.. you should go for a reconsideration
Quite the paragraph in good character case workers guidance..
i know this but if i have strict caseworker he will not consider this at all

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:02 pm
by ghado1987
CR001 wrote:
Tue Oct 01, 2019 1:55 pm
Agree with above poster, your first refusal letter would likely have clearly stated when you can apply again.
24/03/2021

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:05 pm
by ghado1987
odat wrote:
Tue Oct 01, 2019 11:45 am
have you submit reconsideration form ?
Odat , did you have the same experience ?

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:21 pm
by Zerubbabel
i know this but if i have strict caseworker he will not consider this at all
Sometimes people are lucky and their caseworker overlooks something or exercise discretion... etc.

However: once you have applied and you get a refusal, any further application, even if it lands with a different casewoker, will be also refused. The casewoker would always look to your previous applications history. If he sees that you've been refused just 3 months ago by a colleague on grounds of good character requirements, he has no reason to overturn the decision.

The first refusal stated 2021 and I am afraid you have to wait until 2021 to apply.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:28 pm
by ghado1987
Zerubbabel wrote:
Tue Oct 01, 2019 2:21 pm
i know this but if i have strict caseworker he will not consider this at all
Sometimes people are lucky and their caseworker overlooks something or exercise discretion... etc.

However: once you have applied and you get a refusal, any further application, even if it lands with a different casewoker, will be also refused. The casewoker would always look to your previous applications history. If he sees that you've been refused just 3 months ago by a colleague on grounds of good character requirements, he has no reason to overturn the decision.

The first refusal stated 2021 and I am afraid you have to wait until 2021 to apply.
i will try last chance with reconsideration with hope this can change something as when i hear ppl got it after reconsideration, i know cases are different but couple of pounds might be worthy .
can i ask if you know the deadline for submitting reconsideration ?

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 2:38 pm
by CR001
https://assets.publishing.service.gov.u ... -10-18.pdf

As far as I am aware, there is no time limit, but sooner rather than later and also there is no timeframe for the reconsideration process either. HO can take as long as they wish to.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 3:51 pm
by aman90
2200 for 14 pages.. :shock: Perhaps you should be discussing with the lawyer instead!
The caseworker probably got ticked off by the 14 pages, lost interest after the first page and issued a refusal to a send message to your solicitor to keep it simple.

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 3:55 pm
by ghado1987
aman90 wrote:
Tue Oct 01, 2019 3:51 pm
2200 for 14 pages.. :shock: Perhaps you should be discussing with the lawyer instead!
The caseworker probably got ticked off by the 14 pages, lost interest after the first page and issued a refusal to a send message to your solicitor to keep it simple.
yes i thought about this so i will write concise reconsideration summaries everything

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 4:05 pm
by ghado1987
CR001 wrote:
Tue Oct 01, 2019 2:38 pm
https://assets.publishing.service.gov.u ... -10-18.pdf

As far as I am aware, there is no time limit, but sooner rather than later and also there is no timeframe for the reconsideration process either. HO can take as long as they wish to.
thanks

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 4:51 pm
by ghado1987
Guys
in my reconsideration ,should i include any supported documents as i all uploaded in my previous application or i just mention that all documents were uploaded before and you can access and view them ?
AS i do not want to put too many documents and then The case worker will be scared again

Re: good charter , overstayed

Posted: Tue Oct 01, 2019 9:01 pm
by London22
ghado1987 wrote:
Tue Oct 01, 2019 11:23 am
Hi Guys

today is the second time i receive refusal letter for my Nationality application based on good char tarter.

my overstaying was in June 2010 for 5 months and they said that i have to apply in 2021 where i will be meeting the good character criteria .

i am not bothered because they refused me as i submitted very strong documents that it was beyond my control and i was working so hard to legalize my situation and i was granted 2 years student visa after the overstaying as i did MA degree
i am bothered because i know 3 of my friends who had gaps SAME AS ME and they were granted nationality , so HO should treat all the same .
i am going to do reconsideration and will include 2 ppl cases who had gap and they were granted nationality so we have matching cases . my question guys when is there any dead line for reconsideration's i heard that i have to do it within one month of refusal .

can any body advise me please as i am so stressed from this alot
thanks
Hello
I think you must apply for reconsideration as many people get on it&it is very good if you give reference of those 2 successful cases similar to yours .If overstaying is the only issue then there is clear guidance of HO to apply discretion which they do if explained properly .You should give reference from HO website as well.I think you will be successful if you explain properly and ask for discretion.Dont leave everything on lawyer as they always make mistakes.Good charater test is a trap for many people mainly refugees.Just miss use of power.