Breach of immigration law

Hi there, :

I've submitted my application form for naturalization AN a couple of weeks ago, just to find out a week later i might be refused naturalization, as i Was here illegally some time 10 years ago, when i started doing all my paper work, i never heard of it, i just knew i need to be present on the uk exactly 5 years prior to my application being submitted, and i had to be free from immigration for the last 5 years, which i did. The problem seems to be i came here in 2004 in a tourist visa, and overstayed untill i got my first leave to remain in 2008, it seems that the law has changed and i could only apply after 10 years after i was first granted my first leave to remain, even though when i applied for my first leave to remain, i never lied and the Home office knows i overstayed, and even though back then they granted me the visa, same with I.L.R, is there any chance they will grant me citizenship? or is it going to be refused straight away? Also they still did not debt my card for the fee, i was wondering if it will be declined as i was reading everywhere and it says it will, is there anyway i can stop the application before they charge, so i wont waste my hard worked £1005?

Please, i'm in desperate need for advice..

Manythanks

Amorais

The definition of "good character", a requirement for citizenship, was changed almost exactly a year ago, on 11th December 2014. Earlier it did not take into account immigration crimes, but after 11th December 2014, it did.

The earliest that you would be eligible for naturalization is 10 years from the time you became legal, so 2018.

ILR is granted under different laws and rules from citizenship. So, while you may have got ILR, in your case, you will certainly be denied citizenship.

I am not aware if you can withdraw your application and if so, how.

exactly what i feared secret.simon, i really need to find out if i can withdraw my application before i get charged for it, as it seems im hopeless.

Try this link.

secret.simon wrote:Try this link.

it says they will not return my fee anyway, i was thinking of going to the bank and stop any attempt to charge me for it, what do u think?

Not an expert on this, I'm afraid. I would wait for others to comment.

secret.simon wrote:Not an expert on this, I'm afraid. I would wait for others to comment.

thanks

Stop payment may be the best option.

I'd agree that stopping the payment may be the best option. Which payment method did you use?

amorais wrote:

secret.simon wrote:Try this link.

it says they will not return my fee anyway, i was thinking of going to the bank and stop any attempt to charge me for it, what do u think?

The guidance on Gov UK website clearly states the fee will not be returned on cancellation;
HO may well feel entitled to the fee even if you stop payment.

By stopping the payment you may be racking up a debt with HO.
That information may well be kept on file.

Suggest you attempt to talk to someone first (via the helpline).

On any future application suggest you apply via NCS (at local council),

NCS provides a basic level of sanity-checking and could have caught this type of issue early;
ie before submission of bundle to HO.

my partner had 19 month overstay gap which we declared for spouse visa and ILR.
we took the risk.

He was approved 2 weeks ago but took 5 months and a week.

I don't know if they're more lenient for spouse based applications... no idea.

cs95tdg wrote:I'd agree that stopping the payment may be the best option. Which payment method did you use?

I filled out the form authorising then to charge my credit card... I guess I will just wait for the refusal letter...

amorais wrote:

cs95tdg wrote:I'd agree that stopping the payment may be the best option. Which payment method did you use?

I filled out the form authorising then to charge my credit card... I guess I will just wait for the refusal letter...

You can block your credit card by calling bank, citing you have lost the card . This way bank will send you a new credit card. and your old card will be block. So home office wont be able to take the payment

HelloitsmeAbby wrote:my partner had 19 month overstay gap which we declared for spouse visa and ILR.
we took the risk.

He was approved 2 weeks ago but took 5 months and a week.

I don't know if they're more lenient for spouse based applications... no idea.

i was 4 years overstayer on my spouse visa, and then applied for I.L.R, no problem at all, even on the airport the people checking the passport on border control, always asking me how did i manage to get my visa when i overstayed, but by the looks of it, its a completely different story about getting the citizenship... it changed last year, but since i was looking into it it, far before, i didnt seeem to realise the changes, and submitted my application form.. i just hope now for the best, as been advised that if i stop the payment, my have future problems with H.O, which i really dont want to, so will let it go i guess, and pray i will be one in a million, and they will consider always being honest to them, and accecpt my application, i know its naive, but ATM it seems, i have no other choice...
will just pray it will happen.. otherwise, i think i will give it up, and stay just on my I.L.R, untill i can save all the money to apply again, because it will be just on 2018..

amorais wrote:

HelloitsmeAbby wrote:my partner had 19 month overstay gap which we declared for spouse visa and ILR.
we took the risk.

He was approved 2 weeks ago but took 5 months and a week.

I don't know if they're more lenient for spouse based applications... no idea.

i was 4 years overstayer on my spouse visa, and then applied for I.L.R, no problem at all, even on the airport the people checking the passport on border control, always asking me how did i manage to get my visa when i overstayed, but by the looks of it, its a completely different story about getting the citizenship... it changed last year, but since i was looking into it it, far before, i didnt seeem to realise the changes, and submitted my application form.. i just hope now for the best, as been advised that if i stop the payment, my have future problems with H.O, which i really dont want to, so will let it go i guess, and pray i will be one in a million, and they will consider always being honest to them, and accecpt my application, i know its naive, but ATM it seems, i have no other choice...
will just pray it will happen.. otherwise, i think i will give it up, and stay just on my I.L.R, untill i can save all the money to apply again, because it will be just on 2018..

forgot to ask, did he get the citizenship? if yes, when did he apply, and when did he get it???

amorais wrote:

amorais wrote:

HelloitsmeAbby wrote:my partner had 19 month overstay gap which we declared for spouse visa and ILR.
we took the risk.

He was approved 2 weeks ago but took 5 months and a week.

I don't know if they're more lenient for spouse based applications... no idea.

i was 4 years overstayer on my spouse visa, and then applied for I.L.R, no problem at all, even on the airport the people checking the passport on border control, always asking me how did i manage to get my visa when i overstayed, but by the looks of it, its a completely different story about getting the citizenship... it changed last year, but since i was looking into it it, far before, i didnt seeem to realise the changes, and submitted my application form.. i just hope now for the best, as been advised that if i stop the payment, my have future problems with H.O, which i really dont want to, so will let it go i guess, and pray i will be one in a million, and they will consider always being honest to them, and accecpt my application, i know its naive, but ATM it seems, i have no other choice...
will just pray it will happen.. otherwise, i think i will give it up, and stay just on my I.L.R, untill i can save all the money to apply again, because it will be just on 2018..

forgot to ask, did he get the citizenship? if yes, when did he apply, and when did he get it???

Yes he got it-took 5 months for a decision. He got approved 16th November and applied 11th June.

anyone else had an application form for citizenship granted with a breach of immigration on last five years?
would be great to know that i still have hope..

hi all

just to let u know i received my letter inviting me to attend a cerimony for the british citizenship, gladly i havent being denied, thanks all for the support

Congratulation amorais your lucky.
Did you declare you are over stayer? How you manage it?

amorais wrote:hi all

just to let u know i received my letter inviting me to attend a cerimony for the british citizenship, gladly i havent being denied, thanks all for the support

yes i did declare everything as it was, may people said i didnt stand a chance, but there you go, honesty is always the best policy

Rassel wrote:Congratulation amorais your lucky.
Did you declare you are over stayer? How you manage it?

amorais wrote:hi all

just to let u know i received my letter inviting me to attend a cerimony for the british citizenship, gladly i havent being denied, thanks all for the support