What Constitutes a Gap in your 6 years DL

[raymondaduoh]

You guys are great helping each other, I just saw this board and wish to share my worries.
Married to a student visa holder from Congo, have 6 kids who were born here in the UK , the eldest is now 15, achieved BA(hons), and MSc while an overstayer through online and distance learning mode) applied for DL on Article 8 private/family life, but this was given for 1 year within 3 weeks of application, at expiry, I was given another 1 year, I suspected, they are giving me in line with my wife's student visa, and finally, I was given a 3 years DL., though before the 3 years, My wife is due for ILR on her own route, so I applied as a partner, but they replied, asking me for additional document, and attached FLR(O) asking me to complete it because I was previously granted under DL, and they said, I must reply within 10 days putting a specific date.

I did provided all the documents, and replied within 4 days, and even my DL for 3 years was issued before the 10th day deadline.
Remember, my 1 year DL has expired when they replied, but I met the deadline of 10 days to provide the information they asked for.

Now, I will compete 6 years in Early in 2016. (Don't be confused about, 1 year, and 1 year, and 3 years DL as it does not add up to 6 years, but the fact is, the delayed over 9 months before they issued the last 1 year, and some 3 months during the last DL visa. But from the first date of the DL in 2010, will be 6 years in March 2016.

Hence, I have the following questions;
1. Will they rely on me having a gap for 4 days, during the time they wrote to me to send additional document and complete a new form?
2. I can see most people saying, 2x 3 years, will it matter if I was given a mixed of 1 year and 3 years?
3. Can I be able to apply for ILR immediately I clock 6 years.

[secret.simon]

I think you need to provide a bit more information and in a more readable format.

When did you enter the UK and what visa did you enter the UK on?

When and where did you marry your spouse? And are all 6 children registered with you and your spouse as parents?

What is your spouse's current status?

Have you applied as a refugee or asylum seeker at any point in time?

[raymondaduoh]

Hi Simon,
I think I provided enough information relevant to my questions.
I was granted a DL based on Article 8 Family/Private life in 2010 and my kids granted DL as my dependants.
A mixed period of 1 year, 1 year, and 3 years, the delay in issuing the last two, accumulated to over 13 months, hence, I will be 6 years in March 2016 staying on DL.

I did not seek asylum.
I married at a Kent Registry 15 years ago while my wife was on student visa, then I was an overstayer,
My wife and 6 kids are all British citizens now.

Main point I want to clarify is;
Since the HO did not refuse my application or return it as invalid, will they count that I have a gap for those 4 days I was waiting to reply to their request for additional documentation?.
Because they said, "To enable me Decide your case, please send the following documents"

Second, I heard people staying additional 1 year from time of ILR to apply for Naturalization, in my own case on 6 years DL route, does this count?, or I can apply for Naturalization from the first day I got the ILR?

[Obie]

You may be eligible to apply for ILR on Set (O) , as the delays in making a decision is part of Section 3C, which is added towards the 6 years.

For Citizenship, you may have to wait for 10 years after your overstaying came to an end.

[raymondaduoh]

Hi Obie,

1. An over stayer, but regularized through application for a DL in 2010, before the changes in 2012.
2. DL granted and I spent 6 years with DL.
3. I apply for ILR at the end of my 6 years DL.

On this publication

Discretionary Leave

https://www.gov.uk/government/uploads/s ... __v7_0.pdf

10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted (normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy.

If my ILR is granted after 6 years, wouldn't I have met the residency requirement of Naturalization?
as shown here https://www.gov.uk/government/uploads/s ... r_18_B.pdf

Why do you think I have to wait for 10 years for citizens?.

[vinny]

For Citizenship, you may have to wait for 10 years after your overstaying came to an end.

Obie is correct because naturalisation is also subject to the Good character requirements.

[secret.simon]

Hi Obie,

1. An over stayer, but regularized through application for a DL in 2010, before the changes in 2012.
2. DL granted and I spent 6 years with DL.
3. I apply for ILR at the end of my 6 years DL.

On this publication

Discretionary Leave

https://www.gov.uk/government/uploads/s ... __v7_0.pdf

10.1 Applicants granted DL before 9 July 2012
Those granted leave under the DL policy in force before 9 July 2012 will normally continue to
be dealt with under that policy through to settlement if they continue to qualify for further leave
on the same basis as their original DL was granted (normally they will be eligible to apply for
settlement after accruing 6 years’ continuous DL (or where appropriate a combination of DL
and LOTR, see section 8 above)), unless at the date of decision they fall within the restricted
leave policy.

If my ILR is granted after 6 years, wouldn't I have met the residency requirement of Naturalization?
as shown here https://www.gov.uk/government/uploads/s ... r_18_B.pdf

Why do you think I have to wait for 10 years for citizens?.

Settlement or settled status means ILR, not naturalisation.

Naturalisation is under completely separate and unrelated rules and is granted under a different law, with different requirements. One of them is that the applicant has a "good character". It is currently defined as meaning that the applicant has not been in breach of immigration laws at any time in the past ten years.

[raymondaduoh]

Hi Secret,
I have found out the guideline for Naturalization
https://www.gov.uk/government/uploads/s ... r_2015.pdf

Can you point out where it specify ... breach of immigration in the past 10 years.
I could find about 10 years in relation to having deceived the authority in the past 10 years,

[vinny]

See also British Citizen/Overstayers Waiting time 10years.