Welcome to immigrationboards.com!
Hi again,Hstepper07 wrote: ↑Sat May 12, 2018 8:34 pmIf they refused your application for naturalization because you were in breach of immigration rule between 2007 - 2011, they will most likely refuse you again as you have not completed 10 yrs since you got your ILR in 2011. You did not need to have a legal status to apply under the 14yr rule.Natbay wrote: ↑Sat May 12, 2018 6:12 pmHi there,
I have had good guidance in this platform previously for my settlement (ILR) application. I would be appreciated if you could advise me now for my naturalisation application.
I came to UK as a student in 1997. I then had extensions on my student visa at most times by the end of 2007-althoguh I was refused a number of times, I won my case against the HO and was finally granted. I then applied for ILR in 2017 on the basis of 10 year lwaful residency. However, I was refused for settlement as claimed that I had over 28 days overstay between my two applications in 1999, as claimed by the HO. I then appealed the HO decision of refusal my ILR application. I lost all my appeals, including the final appeal at the High Court. It took around 1 years all of these appeal processes. Before the High Court's decision, I made additional application to the HO on the basis of my postgraduation study for work permit. I did not hear from the HO regarding the decision of the High Court and work permit application two more years. I worked pt/ (20 hours maxiumum as I had right to work as student) during these years. I completed 14 years in 2011 and without waiting response to my existing application, I applied for settlement on the basis of 14 years long residence. I was then granted ILR in the same year. My solictor advised me to apply for naturalisation after one year without waiting for 5 years. I did but then I was refused claimed as I was in breach of immigration between 2007 and 2011. Now, I have completed 7 years since I was granted ILR. I now would like to apply for naturalisation again, but need your advice on the basis of good character. My soilicitor said that we should explain your immigration history in details, but I could still be refused. What would your advice be? In short, I allways made my applications on time within the past 10 years; I logged another application before the High Court's decision; I did not have another refusal after the High Court decision; I did not ether hear to my variation application for work permit-altough I had a confirming letter saying my application was passed on the caseworker.
If you made an in time application when you applied for ILR in 2007, you should have been covered by sec 3c which will be extended if you also made subsequent in time appeals. Where you given right to work throughout this period? if your period of application and appeals were covered under sec 3c, maybe you have to prove this to HO. If not, wait till 2021 bf you apply.
By the way, the info you have provided is quite confusing. You said you were granted ILR in 2011 under 14yr rule. You then applied for ILR in 2017 on the basis of 10 yr lawful residence. I take it that you meant 2007?
CCJ is not an issue unless you have been collecting many against your name.Sami 9191 wrote: ↑Tue Oct 16, 2018 1:07 pmDear People,
I need your help, I will be applying for the citizenship next month and I am very concerned as I have CCJ issued last November 2017 due to an unpaid phone bill and I have made arrangement with the debt collector to pay them on monthly basis and have proof that am paying them. My question is; Is there anyone applied with a case that's similar to mine and got rejected ?
Your help is much appreciated
Hi Rockefeller,Rockefeller wrote: ↑Thu Nov 29, 2018 10:07 pmHi everyone,
I need some advice about good character as I plan to apply for British citizenship. I have received these driving penalty notices
1. January 2006 - 3 points for driving not in accordance with license
2. December 2012- 6 points for driving withiout licence
3. December 2014- 3 points for not stopping at red light
4- April 2018- 3 points for speeding
The last conviction is the only unspent conviction on my license. However, I am really concerned after reading the guidance where it says
"Section 3: Good character
3.1 - 3.2 You must give details of all criminal convictions both within and outside the United Kingdom. These include road traffic offences.
Fixed penalty notices (such as speeding or parking tickets) must be disclosed, although will not normally be taken into account unless:
• you have failed to pay and there were criminal proceedings as a result
• you received 3 or more fixed penalty notices at any level
• in the past 3 years you received 2 or more fixed penalty notices, at least one of which, was at the upper levels (fine of £200 or more)
My question does anyone know what it means by 3 or more penalty at any level?
Thank you linguk for this detailed information. Was the caution from 10 years ago here in the uk? Do we need to mention speeding tickets from other Countries if they happened even 20 yearslinguk wrote: ↑Sun Dec 30, 2018 10:28 amHi everyone,
I submitted my application on 02/Oct and have received the approval letter on 08/Dec. I would like to share my experience here just in case it can help other people.
I had a simple police caution 10 years ago and a speeding ticket in 2015. When I filled my application form, I was not sure if I should mentioned my police caution. Several friends have suggested me not to mention it in the application since it happened so long time ago.
However, my police certificate showed "No Live Trace", which means that there is criminal record information held on the Police National Computer but it has been ‘stepped down‘. The immigration officer will find all your caution/convicts and the details no matter how long ago it occurred. Thus I mentioned the caution very honestly in the application and wrote a detailed explanation about it.
So my suggestion is that "please mention all the cautions you received", otherwise the immigration officer could think you submit false documents.
you acquired PSW using a false certificate so it should be on the record and you continued to live in the country for 2 years on a visa which was granted on the basis of a fake educational qualification, this is the whole point of good character requirement. Any applications made in the past using illegitimate documents are detrimental to ones future and things always surface due to the filters in place.zyab85 wrote: ↑Wed Jun 13, 2018 11:34 amHi
I hope the experts here will be able to shed some light on below issue. Which just struck me when i was recalling old times with a friend...
In September 2008 i applied for PSW using the infamous Cambridge College of Learning certificate, i got my PSW approved in October 2008. Before the expiration of my PSW i left Uk in September 2010. In 2012 i came back to UK on spouse settlement Visa and got my Ilr in 2014. After waiting another 3 years to qualify for 5 years residency preiod i applied for My naturalisation application in June 2018. I had 3 points on my license in 2008, a pollice caution in 2010 and council tax arrears( as Landlord was to pay council tax as per my tenancy agreement, which he did not pay for over 2 years- i made arrangements with council to pay and chasing landlord privately for the payment) which i declared and wrote a cover letter.
Now my question is, Can Home office hold the application made in 2008 for PSW using CCOL certificate agaisnt me in my citizenship application, even though i was granted PSW and i left UK for almost 2 years and came back on spouse and got settled and got the Ilr as well. I did not mention about my previous stay here and PSW on CCOL certificate as they Staff in NCS told me to write the date when i came here to settle, which was my spouse settlement visa in 2012 applied overseas.
Can they take it as a deception for not mentioning about PSW on CCOL? Even though i got my PSW and in my 4 years of stay btw 2006-2010 and then 2012- present never had any application refused.
your expert opions will be greatly appreciated.
Regardless of the fact that you left the country for 2 years after having lived for nearly two years on a visa acquired through false document, there is a strong possibility that it would be looked at as deception and intentional act to deceive, therefore goes against the good character requirement. This is a very tricky situation as you didn't declare it in your ILR and other previous applications which might come to light in your citizenship application. BC applications are thoroughly scrutinised and your whole personal history is stringently checked which includes your previous immigration history.Now my question is, Can Home office hold the application made in 2008 for PSW using CCOL certificate agaisnt me in my citizenship application, even though i was granted PSW and i left UK for almost 2 years and came back on spouse and got settled and got the Ilr as well.
If it comes to light in your BC application then it's highly likely that it will be looked at as deception as you supplied a false document to support your application and then stayed in the country for two years.Can they take it as a deception for not mentioning about PSW on CCOL? Even though i got my PSW and in my 4 years of stay btw 2006-2010 and then 2012- present never had any application refused.
AnotherUUID wrote: ↑Sat Dec 29, 2018 12:23 amDear all,
I submitted my application for naturalisation in early December, declaring that I have not had any penalties issued against me by ticking the appropriate checkbox.
However, I have literally just remembered that I had previously received two PCNs for parking offences both due to absolute negligence on my part. As such, and because I always abide by the regulations, I had completely forgotten about them, and hence unintentionally not disclosed them in the original application.
I have prepared a short letter to send asap to the HO explaining this and providing further details on the matter. Has anyone had any similar experience with providing further clarification on the GCR post-submission?
I really hope it would be okay, as it would be a shame to be given a refusal (and possibly a 10y application disqualification) due to this ...
Any input would be greatly appreciated!
I tend to agree, especially due to PCNs technically being somewhat "anonymous". Unless they are by default assigned to the registered keeper of the vehicle (as with speeding camera tickets) unless said keeper notifies them otherwise. I'm not really sure how it works, as I've never gone that far.DocKnow wrote: ↑Wed Jan 02, 2019 11:32 amPCN need not be disclosed because
1. AN form does not ask for them and there is no place you can mention them. You could put them in the additional information section but in my opinion they should not be put there either because of point 2.
2. AN guide and booklet makes it clear that all penalties linked to a criminal offenses must be disclosed. These include FPN and PND which are given for minor criminal offenses. PCNs are civil offenses and therefore need not be disclosed.
The above is just my personal opinion.
I have thus decided to play it safe and sent a letter to UKVI/HO disclosing the two PCNs and the circumstances around them.Fixed penalty notices (such as speeding or parking tickets) must be disclosed, although will not normally be taken into account unless:
- you have failed to pay and there were criminal proceedings as a result
- you received 3 or more fixed penalty notices at any level
- in the past 3 years you received 2 or more fixed penalty notices, at least one of which, was at the upper levels (fine of £200 or more)