British citizenship question help

[Activate]

I am finding it difficult to understand why each caseworker applies discretion in different ways.

The following situation is for British naturalisation.

If TIER-4 license revokes and home office issues curtailment letter after 1 year and 7 months.

1. Is it overstaying?
2. Work done (as permitted 20 hours per week) in this period is it illegal working?
3. Is there any room for case worker discretion?

Apologies if I posted in wrong section.

[BoyTed]

I am finding it difficult to understand why each caseworker applies discretion in different ways.

The following situation is for British naturalisation.

If TIER-4 license revokes and home office issues curtailment letter after 1 year and 7 months.

1. Is it overstaying?
2. Work done (as permitted 20 hours per week) in this period is it illegal working?
3. Is there any room for case worker discretion?

Apologies if I posted in wrong section.

Hi,
It depends what you've done after HO curtailed your visa did you apply another visa?
Or you overstayed?
Its difficult to answer your question without people knowing your immigration history.

[seagul]

I am finding it difficult to understand why each caseworker applies discretion in different ways.

The following situation is for British naturalisation.

If TIER-4 license revokes and home office issues curtailment letter after 1 year and 7 months.

1. Is it overstaying?
2. Work done (as permitted 20 hours per week) in this period is it illegal working?
3. Is there any room for case worker discretion?

Apologies if I posted in wrong section.

Above instance will attract both points #1 & 2 because a lot of times the tier 4 migrants don't update their new address even with their sponsor institutes. Therefore, UKVI usually send the curtailment letter to their last known address and in case if in future they find that the student hasn't left the UK or reported to them then they usually chase them through liaising with several entities/bodies. And once they have acquired the sufficient information then depending on their available staff/force either they raid the property or resend the same curtailment letter. Therefore, despite someone has received the curtailment letter at very later but still will be treated as an overstayer.

[Activate]

Thanks for your reply.

My immigration history is as follow:

Came to UK as TIER4 Student 2009. Completed my 1-year course and switched to Tier2. Company closed in 2011. Changed to again TIER4 in mid 2011. License revoked in 2012. No curtailment letter received. Continued working 20 hours. In 2013 applied for EEA family permit based on long relation. Refused as EEA migrant was not exercising treaty rights. Refusal letter stated that as I don’t have any other right to live in the UK, so I should leave the UK. Right for appeal was given. Got married with EU Citizen in late 2013. Received curtailment letter in email regarding university licence revoked in 2012 and there is record that I have changed my university or apply for visa in another catagory. 60 days given to apply for visa in any category if wants to stay in UK. Applied for EEA resident permit, invited for interview and approved. After 5 years Got permanent residence.


If I apply for BN, what are the chances of refusal and success?

[BoyTed]

Hi there,
I think you have a strong case i overstayed till 2012 when i was granted DLR and lots of people told me if you apply before the 10 years ie 2022 you will be refused but i took a chance applied in December 2019 and today got the approval letter than ive been granted citizenship personally i would advise you to make a decision and stick with it.
Goodluck.

[Activate]

Thanks BoyTed.
You are a positive guy and I agree with you. Thanks for your advice.
And yea congratulations