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Topic: Experiences using the NCS with unusual cases  (Read 567 times)

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Experiences using the NCS with unusual cases
« on: October 27, 2010, 01:29:04 PM »
I've booked an appointment with the NCS this Friday and am wondering if anyone has experience with applications that weren't really straightforward.

My case isn't really complicated but I am asking for some discretion for absences because of having to go back to the states to help my mom who is ill. I know I have the right documentation to show everytime I was in and out of the country and can prove that my absences were for serious reasons not holidays. I've heard working with the NCS is a 50/50 chance, they don't always get it right. Do they act like a gatekeeper and refuse to send my application just because they don't know the answer? I'm a bit nervous in using them but I need to keep the originals and my passport. I'm willing to take the chance on my application because I know I have the evidence to back me up, I'm just a bit nervous using the NCS. Any advice would be greatly appreciated!


Re: Experiences using the NCS with unusual cases
« Reply #1 on: October 27, 2010, 07:34:44 PM »
NCS does not have discretionary powers, these belong solely to the Directorate.  The NCS can however determine if you have met all the 'hard' requirements.  And if the NCS thinks you do not qualify they can say so and refuse to endorse your application. 

In that case you can simply apply directly to UKBA without using the NCS.  As we all know, there are criteria for which even the Directorate has no discretion, and to avoid a refusal you will need to be real sure that your deficiencies fall within the discretionary range.

Take note that if you are refused, take care that fixing your absenses will require time and that might kick you into BCI's commencement, and nobody knows how that's going to work yet.


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