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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I applied for discretionary leave in 2012 and up till date

Customer Question

I applied for discretionary leave in 2012 and up till date I haven't received a letter. I have called the border agency on three occasions. the first time I was told that my caseworker was unavailable. The second third time I was told that a letter of acknowledgement was not given in the category/ route I applied for.
I've been moving from one friends house to another for shelter and I'd be lucky to have food to eat. I want to know if I can work while I wait for my visa to be approved because everyone you meet will ask for the letter to prove that your documents are with the home office. What do I do?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What is your immigration history in the UK prior to you having applied for DLR? On what basis did you apply for DLR?
Customer: replied 3 years ago.

I came in as a student and while i was waiting for money for fees my visa expired. it was on this basis that i applied for DLR.

Expert:  UKSolicitorJA replied 3 years ago.
Did you apply before your student visa expired?
Customer: replied 3 years ago.

No.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case, I am afraid you are not permitted to work as you applied out of time and are not protected by S. 3C of the Immigration Act 1971 (as amended).

You should lodge a formal complaint to the Home Office about the length of time it has taken to process your application and you may also involve your local MP in the UK.

See here for the complaint procedure:

https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure

You may also take the matter further by complaining to the Parliamentary Ombudsman
http://www.ombudsman.org.uk/make-a-complaint

Making a complaint will not affect your application.

Can I help further?
Customer: replied 3 years ago.

My mother is a british citizen. she is based in nigeria and hasnt renewed her passport since she was a child but she has her birth certificate. is it possible for me to apply for citizen by descent? How do I do that?

Expert:  UKSolicitorJA replied 3 years ago.
I will be happy to help further. Please leave feedback.

When and where was your mother born?
Customer: replied 3 years ago.

She was born in London. I think 1957 or 8. I couln't get her on phone to get the exact date.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

In that case you are automatically a British Citizen by descent, you do not have to apply for it.

You should simply go ahead and apply for a British Passport.

Please leave feedback
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

What if there was an error on your passport i.e. date of birth. What do I do? What about the lapse in my immigration status, will it affect the process? Do I apply for naturalisation or for a passport directly?

Expert:  UKSolicitorJA replied 3 years ago.
I note that you have not left a rating for the answers given so far.

Customer: replied 3 years ago.

UKSolicitorJA only


Sorry about that! I will like to this, is it possible to apply for british passport without my passport? all my documents may be returned to me and you know what will happen....

Expert:  UKSolicitorJA replied 3 years ago.
You may apply for a UK passport directly and explain that your Home country passport is with the Home Office

Your immigration status is not relevant as you are already a British citizen.

All the best
Customer: replied 3 years ago.

UKSolicitorJA only


I'm sorry I dont have money for a tip now, can i log in another time and enter it?

Expert:  UKSolicitorJA replied 3 years ago.
No problem, thank you very much. You can do it next time.
Customer: replied 3 years ago.

UKSolicitorJA only


Can i use a different date of birth on my application from my passport or get a new passport where the error is corrected?

Expert:  UKSolicitorJA replied 3 years ago.
Ideally, a new passport with your correct date of birth should be advisable, with an explanation why your birth dates are different as they could say there was deception used if a wrong birth date was given previously.

All the best