Citizenship Refused - Was I staying unlawful?

[Ojey]

The way it is formulated in the guidance, discretion has to be applied if conditions stated are met!
It is now a question whether those conditions are met or not!? Do you guys agree that they are?
if so..What would be the best way to apply for a reconsideration and how to go about it? Should I do it myself or go through a solicitor?

Thanks again for all your efforts and input!

[Zaidii]

Not trying to hijack the thread but I think it's relevant.

I juat recieved ceremony invitation letter today.

My visa application was refused in July 2013. I appealed the decision and my appeal got dismissed at FTT and UTT.
My case was at COA after dismissal from UTT which I withdrew on the 29th of May 2015 and applied for SET LR on 2nd ofJune 2015. Got approval on the 8th of June 2015 and applied for naturalization on the 13th of June 2016 and got the ceremony invitation letter today.

So the time I spent while my case was in courts counted as legal stay.

Thanks
Zaidi

[innovation2000]

@zaidi
Many Many congratulations

[vinny]

Meaning of references to being in breach of immigration laws

(1)This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in—

(a)section 4(2) or (4);

(b)section 50(5); or

(c)Schedule 1.

(c) does not have leave to enter or remain in the United Kingdom (whether or not the person previously had leave)

appears to be inconsistent with

“in breach of immigration laws” means without valid leave where such leave is required, or in breach of the conditions of leave.

However, the instructions seemed clear

8.10 We should normally exercise discretion to disregard a breach of the immigration laws (i.e. a period of unlawful residence) only if there are reasons for the breach which were clearly outside the individual’s control, or the breach was genuinely inadvertent and short. Examples would include circumstances where:
...
the breach arose as a result of a late application for leave to remain where the application was submitted no more than 28 days late (or in the case of an asylum application was submitted after no more than 28 days overstaying) and was subsequently granted. We should exercise discretion to overlook longer periods between the expiry of leave and submission of application only if there are exceptional circumstances, such as a family illness or bereavement;

[Ojey]

Thanks Zaidi.

I sent a reconsideration request last month pointing them towards these facts and the discretion point above. Waiting for reply now...

Hoping for the best! All I can do is wait now

Thanks.

[Zaidii]

@ Ojey
Good luck and don't give up

[bedake6667]

I just wanted to share my case as it is a bit similar to yours and hopefully you will get approval on your consideration soon.

I got apporval based on 5 yr Tier1 and 12 months ILR. Before I got my Tier1 i had to apply for a post study work (PSW) visa. I submitted my PSW application from the UK whilst i had a valid student visa.

My application was rejected because I didnt submit full bank statements covering the full period required for maintenence, I didnt get any letters from HO asking for the missing statements just stright refusal letter. By the time i received the refusal letter my student visa had expired and the refusal letter stated that my only option was to appeal.

I submitted an appeal but after 3 months I realised it will take a long time to process so I decided to withdraw it, leave the UK and submit a fresh application.

I withdrew the appeal on the day I left the UK (sent letter by post), and at that time, UK border used to check on outgoing travelers so I was stopped by the officer there who thought I overstayed my student visa. I explained that I had an appeal and they made me sign a letter to say that I withdrew it.

I submitted a fresh application for PSW from abroad that was approved so it seems my stay was extended by section 3c even though I withdrew my application in the end.

I hope this provides you with some hope and wish you all the best.