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Naturalisation - HO requires more evidence - help needed

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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GShepherd001
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Naturalisation - HO requires more evidence - help needed

Post by GShepherd001 » Fri Jun 09, 2017 1:30 am

Hi all, I am new to this board and i need some guidance on a issue.

A little background on the issue I am facing is as follows:

In 2009 (8 years ago) , I had applied for a student visa and it was rejected without right of appeal. Then I got in touch with my solicitor and he got an approval to put in a fresh application (student visa) from HO which was successful and subsequently I had been granted a leave to complete my studies.
Now I have applied for Naturalisation in Mar'17 and today I have received a letter by HO stating that I may not be compliant with UK Immigration Law. The timeframe between the receipt of refusal till the approval of fresh application, makes me living in the UK without a Visa and I may not be able to fulfill the good character requirements.

I dont understand why they are raising this point as the subsequent application was made and approved by the Home office itself. I have contacted my solicitor for evidence but they dont have any documents as its been over 6 years and according to the law they are not liable to keep any records for longer than necessary.
I have been given a total of 14 days time to provide any proof how I regularised my stay in the UK during that time period.

The solicitor has adivised me to apply for SAR, which I have already done. Now I am getting really worried as the standard SAR takes atleast 40 days. Shall I apply for a fats track SAR as well? Is there any other way of getting the relevant documents (correspondence between my solicior and HO, applications and approvals ) from HO. I am not even sure whether the requested standard SAR will have all the information which I need to support this requested time-period.

I would really appreciate any guidance.
Thanks in Advance

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CR001
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Re: Naturalisation - HO requires more evidence - help needed

Post by CR001 » Fri Jun 09, 2017 7:51 am

How many days were there between the refusal and the new application you sent that was granted and what date was it granted?

Any period of unlawful stay will affect a citizenship application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

GShepherd001
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Posts: 2
Joined: Fri Jun 09, 2017 1:18 am

Re: Naturalisation - HO requires more evidence - help needed

Post by GShepherd001 » Sat Jun 10, 2017 1:53 pm

Hi CR001,

many thanks for your reply. as far as i can remember the time between refusal and fresh application was over a month time. I remember my solicitor telling me that he has taken permission. he told us with this permission we can stay here legally and thats why the second application was successful. And this fresh application was approved in around 2 month time.

But I want to know that by law how long is this permission granted for? is there any minimum and maximum time we can take to make the fresh application? and do i fulfill the criteria of lawful residence or not ?

Thanks

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CR001
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Re: Naturalisation - HO requires more evidence - help needed

Post by CR001 » Sat Jun 10, 2017 3:21 pm

If you made an application more than 28 days after visa expiry or refusal, the you had no lawful residence in that time.

If your solicitor said 'he had permission', then suggest ask him for the evidence HO would have sent him stating this. Sounds like your solicitor might not have given you very accurate or good advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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