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Breach of Immigration - Naturalisation

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

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

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indiangardner
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Posts: 17
Joined: Sun Nov 24, 2013 9:45 am

Breach of Immigration - Naturalisation

Post by indiangardner » Mon Dec 08, 2014 7:05 pm

Hi Everyone

I hope I am posting my topic in the right category, as I cannot see any other category for Naturalization. So in case I am posting in the wrong category, please accept my apologies in advance.

Case
1. I arrived in UK as a student 2001 and with the last 6 years as the spouse of an EEA national since 2008. I had an EEA2 valid till -2013 converted to EEA4-2014.

2. I applied for ILR on expiry of my current EEA2 2013 for ILR set (M) which is settlement on the marriage basis to a BC, which was wrong application and I should have applied for EEA4.

3. ILR was refused, I was declared an over stayer or illegal entrant as my EEA2 had expired and I was given the right of appeal, At the Court of appeal I mentioned that I had actually applied ILR by mistake and The Judge took away the deportation order or the illegal entrant bit, though ILR stands refused. Meanwhile before court proceedings me and my spouse both applied for PR(EEA4) and successfully received EEA4 - 2013.

4. My Spouse has exercised EU treaty rights as a worker continuous employment since the last 7 years from 2008 to 2014 which makes us eligible to apply for Naturalization as a British citizen. I went to NCS at Wembley council, it was shambolic service, the officer was confusing PR with ILR same mistake I had made and didn't know anything about EU immigration law as advertised on Wembley councils website, though she did call HO, and I was told that I may be in Breach of immigration for my residential qualifying period due to my wrong ILR application. She neither understood the EEA route that even being a non-EU national that I could achieve Permanent residence if my Spouse was exercising treaty rights for the last six years without any valid endorsements in my passport though I have to prove it with evidence.

5. I didn't send my Naturalization application as to further research my case and to be sure as there is lot of money at stake.

Question 1- Does my wrong application ILR set(M) count as a Breach of Immigration for naturalization? For the same period when I sent my wrong ILR application I was granted EEA4 permanent residence. My spouse has been a Worker for the continuous period since our first EEA2 application to till date. I have full evidence of lawful residence + the court decree.

Question 2 - If in Breach of immigration due to wrong application ILR set(M), what would be the correct time to send my application from the date of Breach of immigration. I had originally thought of Withdrawing the wrong application, if it is going to be a long winded process or if such an application can be withdrawn at all.

Question 3 - Me and my spouse have completed 7 years since sending the EEA2 application in 2008, though I am still to complete one year on my EEA4 and my spouse completes her in DEC2014 and myself on APR2015. Is it advisable to send the application when we complete one year on EEA4, or we can send it now as soon as 6 years are completed irrespective of the date on EEA4 stamp?

I hope I am clear in explaining my situation and appreciate all your help and advice in hopefully if it is an expensive last hurdle in my immigration struggle.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Breach of Immigration - Naturalisation

Post by vinny » Mon Dec 08, 2014 8:08 pm

1. No.
2. Not applicable.
3. Your choice. May be easier to apply after one year of from confirmation of PR. Else, include documents used for EEA4.

The SET(M) application was correctly refused. However, the refusal did not make you an overstayer, because you qualified under the EEA regulations. Moreover, note that a successful EEA4 application is only confirmation of status, which is attained automatically. It does not confer the status, unlike grants of leave under the UK immigration rules.

Under the EEA regulations, you did not need to make any applications at all and still remain legal, because your spouse was exercising treaty rights.
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fwd079
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Posts: 1228
Joined: Tue Sep 03, 2013 9:35 am
Location: United Kingdom

Re: Breach of Immigration - Naturalisation

Post by fwd079 » Tue Dec 09, 2014 9:25 am

vinny wrote:1. No.
2. Not applicable.
3. Your choice. May be easier to apply after one year of from confirmation of PR. Else, include documents used for EEA4.

The SET(M) application was correctly refused. However, the refusal did not make you an overstayer, because you qualified under the EEA regulations. Moreover, note that a successful EEA4 application is only confirmation of status, which is attained automatically. It does not convey the status, unlike grants of leave under the UK immigration rules.

Under the EEA regulations, you did not need to make any applications at all and still remain legal, because your spouse was exercising treaty rights.
Highly appreciate your awesome help vinnay. Helps me with general knowledge.
Hopefully the person asking question is also satisfied.
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