Citizenship form - help

Monifé · Post by **Monifé** » Wed Apr 08, 2015 1:26 pm

Hi all,

I was having a read of the application form (my husband can apply on basis of marriage to Irish national soon) and I had a couple of questions.

1. My husband has 2 penalty points for speeding and paid the €80 fine. Does this count as a conviction on the application form? They expire in August this year.

2. My husband was an illegal immigrant and was caught by the GNIB in 2010. He was arrested and charged with failing to produce a passport and convicted in court and spent 3 weeks in prison. There was a trial thereafter that set a precedent which meant he was able to go back to court and got the conviction quashed, therefore there is no convictions on his record. Does this need to be disclosed? I'm not sure if we have any documentary evidence of the conviction or it being quashed.

3. My husband is not sure of the exact date he entered the country, he just knows the month and year. Would this suffice on the form? They wouldn't be able to locate his entry on any database anyway as he entered the country using a different passport.

4. My husband claimed casual jobseekers allowance for about 6 weeks when work was slow, about €40 a week. Will this impact negatively? He has worked all the time and never claimed full jobseekers.

5. In light of all of the above, I am assuming he is a complex case. Would being married 4 years, together 7, in reasonable financial standing and in good jobs count favourably? How long do you think it would take for a decision?

Many thanks

Monifé · Post by **Monifé** » Thu Apr 09, 2015 9:49 am

Anyone?

jeupsy · Post by **jeupsy** » Thu Apr 09, 2015 10:29 am

With regards to 1 and 2, they will find out about it anyway - so in doubt you can mention the facts on the form so that it doesn't look like you are trying to hide something.

3: If the other passport was mentioning the same name/DOB and was scanned by the border control officer, they can probably track it. But I don't think it will be held against him if there is a slight mistake in that date of initial entry (what really matters is the time of reckonable residence in Ireland and the duration of the marriage).

4: The current government still doesn't seem to hold this against anyone so now is a good time to apply (a new government could change that).

5: You current situation is obviously favorable, but your points 1 and 2 combined could definitely be an issue. I'd say 6 to 12 months processing time and a bit over 50% chances of getting a positive decision - but it is just my guess, to be taken with a pinch of salt!

Monifé · Post by **Monifé** » Thu Apr 09, 2015 11:27 am

Thanks jeupsy.

Another thing, while my husband was not allowed to work, he did charity work, should we include this and the reference letter they gave him to add to his good character?

Would no. 2 deem him to be of bad character? Because seeing as the conviction was quashed and the only reason he was in prison is because there is no remand/reception centres for immigrants like in the UK, I was hoping it wouldn't be taken into account.

I know the fact that he was illegal before that is a black mark but I have seen other people who were previously illegal get granted citizenship. Do you know anyone on here with similar circumstances that got approval?

Many thanks.

jeupsy · Post by **jeupsy** » Thu Apr 09, 2015 12:54 pm

You can include the letter from the charity - no sure whether it will have an effect or not but it definitely can't hurt.

To be honest don't really know any people who were in a similar case recently, so it would not be honest to tell you something one way or the other.

5 or 6 years ago a friend of friend had his application declined just for a traffic offense, so it is really up to the person instructing the application and they can decide to decline it for something very small.

I think it partly depends on the instructions the reviewers have from the government, and partly of the own judgement of the person looking into the application. Definitely nowadays they wouldn't refuse for the traffic office only, but they could use it as an excuse because they are not happy with his immigration history (even though there was no conviction).

Darr81 · Post by **Darr81** » Thu Apr 09, 2015 1:20 pm

jeupsy wrote:Definitely nowadays they wouldn't refuse for the traffic office only, but they could use it as an excuse because they are not happy with his immigration history (even though there was no conviction).

thats not the case in these days since shatter left, there are members here on this forum who were refused over some traffic offence(speeding or double parking tickets),i myself have been waiting for a year ,i've had one court fine for breaking a red light on a pedal bicycle,every time i ring them there's a diff story. so with this current minister i am afraid they are going back to their old days.

jeupsy · Post by **jeupsy** » Thu Apr 09, 2015 2:27 pm

Darr81 wrote:
jeupsy wrote:Definitely nowadays they wouldn't refuse for the traffic office only, but they could use it as an excuse because they are not happy with his immigration history (even though there was no conviction).
thats not the case in these days since shatter left, there are members here on this forum who were refused over some traffic offence(speeding or double parking tickets),i myself have been waiting for a year ,i've had one court fine for breaking a red light on a pedal bicycle,every time i ring them there's a diff story. so with this current minister i am afraid they are going back to their old days.

Thanks for clarifying - I missed these cases then.

Darr81 · Post by **Darr81** » Thu Apr 09, 2015 3:23 pm

Yeah, these days you will see alot of these case since shatter left

Woodquest · Post by **Woodquest** » Thu Apr 09, 2015 10:10 pm

Considering the comments I read in this section, then I should be expecting a tough time with my own citizenship application which was just submitted last month. What do you think?

My Situation:
Speed Ticket: June 2007 (Fine Paid in 2007 but can't find the receipts(Not mentioned in my Citizenship Application))
Drove on the edge of Bus Lane as I was taking a left turn: March 2009 (Challenged it in court and was strucked out (Not mentioned in my Citizenship Application))
UK visit refusal: April 2013 (mentioned in my Citizenship Application using a cover letter and other information I obtained from the Home Office by requesting for my personal data from the UK Visas and Immigration Section)

See my cover letter below:

Dear Sir/Ma,
Explanation of the UK VISA Refusal Stamp in My Previous Passport

The aim of this letter is to explain why a UK VISA that I applied for on the 19th of April 2013 was refused.

On the 16th of July 2008, my girlfriend submitted an EU Residence Card application on my behalf to Home Office in United Kingdom through an Immigration Representative with the intention that I would join her in United Kingdom. Please see Attachment A for information about the Immigration Representative and a letter written by the Immigration representative to Home Office dated 16/7/2008.

However, on the 25th of October 2008 my girlfriend decided to join me in Ireland instead of me joining her in the UK.

My Spouse and I then decided not to pursue the EU Residence Card application with the UK. So, I wrote a letter of withdrawal to my Immigration Representative in the UK, instructing them to withdraw the Residence Card application from the Home Office and that we were no longer interested in pursuing the application.

Thereafter, I applied for my EU1 Residence Card in Ireland in September 2009 and it was successful.

On the 2nd of April 2013 my employer sponsored me to attend a Post Graduate Degree Course in Belfast. The Postgraduate programme was organised and delivered by Queens University Belfast – and it required all participants to attend Queens University Belfast in the UK.

Therefore, on the 19th of April 2013 I submitted an application for VISA clearance to enter the UK, through the UK embassy here in Ireland. The application was subsequently refused on the grand that I did not mention on my application form that I had been previously refused a residence card – non EEA national application on 22 February 2010 by the Home office. Please see Attachment B.

The VISA refusal notice came as a surprise to me as I did not know that my application for an EEA Residence Card that was submitted in July 2008 was not withdrawn by my immigration representative. Therefore, I decided to investigate the matter myself. All attempts to contact the office of the immigration representative was unsuccessful as they seems to have changed their office and their telephone contact numbers or they are no longer in business.

I decided to contact the UK Home Office myself, to request for information on why my request to withdraw my EEA residence application in 2009 was not honoured and why it was held as a reason to refuse me an entry to the UK. The information supplied to me by the UK Home Office indicates that no withdrawal attempts were received by the Home Office from my immigration representative in January 2009. And also that the EEA Residence Card application was refused because my immigration representative failed to respond to several letters that the Home Office wrote to them, requesting for additional documentation to support the application. Please see Attachment C. Attachment D shows that all letters sent to the Address of the Immigration Representative was returned to the UK Home Office as “Addressee Unknown”.

I have been living continuously in Ireland since arrival in 2006 till now. Please see Attachment E as evidence that I was living, working and even studying for my Master Degree in Computer Science at the Institute of Technology Tallaght from 2008 to 2010. Then, I took a year break as a result of financial difficulty and thereafter completed my Master degree in 2011. I attached my yearly statement of Examination result and final Certificate, some tax certificates, some bank statements in Attachment E.
I hope my explanation is sufficient to enable you to understand the reason why I have a UK refusal stamp in my passport.

Thank you.

Yours Faithfully,

jeupsy · Post by **jeupsy** » Thu Apr 09, 2015 10:25 pm

@Woodquest, maybe it is better to start you own thread?

I don't think the UK visa refusal will be an issue - traffic offences then I don't know.

Darr81 · Post by **Darr81** » Thu Apr 09, 2015 10:54 pm

Woodquest wrote:Considering the comments I read in this section, then I should be expecting a tough time with my own citizenship application which was just submitted last month. What do you think?

My Situation:
Speed Ticket: June 2007 (Fine Paid in 2007 but can't find the receipts(Not mentioned in my Citizenship Application))
Drove on the edge of Bus Lane as I was taking a left turn: March 2009 (Challenged it in court and was strucked out (Not mentioned in my Citizenship Application))
UK visit refusal: April 2013 (mentioned in my Citizenship Application using a cover letter and other information I obtained from the Home Office by requesting for my personal data from the UK Visas and Immigration Section)

See my cover letter below:

Dear Sir/Ma,
Explanation of the UK VISA Refusal Stamp in My Previous Passport

The aim of this letter is to explain why a UK VISA that I applied for on the 19th of April 2013 was refused.

On the 16th of July 2008, my girlfriend submitted an EU Residence Card application on my behalf to Home Office in United Kingdom through an Immigration Representative with the intention that I would join her in United Kingdom. Please see Attachment A for information about the Immigration Representative and a letter written by the Immigration representative to Home Office dated <a href="tel:16/7/2008">16/7/2008</a>.

However, on the 25th of October 2008 my girlfriend decided to join me in Ireland instead of me joining her in the UK.

My Spouse and I then decided not to pursue the EU Residence Card application with the UK. So, I wrote a letter of withdrawal to my Immigration Representative in the UK, instructing them to withdraw the Residence Card application from the Home Office and that we were no longer interested in pursuing the application.

Thereafter, I applied for my EU1 Residence Card in Ireland in September 2009 and it was successful.

On the 2nd of April 2013 my employer sponsored me to attend a Post Graduate Degree Course in Belfast. The Postgraduate programme was organised and delivered by Queens University Belfast – and it required all participants to attend Queens University Belfast in the UK.

Therefore, on the 19th of April 2013 I submitted an application for VISA clearance to enter the UK, through the UK embassy here in Ireland. The application was subsequently refused on the grand that I did not mention on my application form that I had been previously refused a residence card – non EEA national application on 22 February 2010 by the Home office. Please see Attachment B.

The VISA refusal notice came as a surprise to me as I did not know that my application for an EEA Residence Card that was submitted in July 2008 was not withdrawn by my immigration representative. Therefore, I decided to investigate the matter myself. All attempts to contact the office of the immigration representative was unsuccessful as they seems to have changed their office and their telephone contact numbers or they are no longer in business.

I decided to contact the UK Home Office myself, to request for information on why my request to withdraw my EEA residence application in 2009 was not honoured and why it was held as a reason to refuse me an entry to the UK. The information supplied to me by the UK Home Office indicates that no withdrawal attempts were received by the Home Office from my immigration representative in January 2009. And also that the EEA Residence Card application was refused because my immigration representative failed to respond to several letters that the Home Office wrote to them, requesting for additional documentation to support the application. Please see Attachment C. Attachment D shows that all letters sent to the Address of the Immigration Representative was returned to the UK Home Office as “Addressee Unknown”.

I have been living continuously in Ireland since arrival in 2006 till now. Please see Attachment E as evidence that I was living, working and even studying for my Master Degree in Computer Science at the Institute of Technology Tallaght from 2008 to 2010. Then, I took a year break as a result of financial difficulty and thereafter completed my Master degree in 2011. I attached my yearly statement of Examination result and final Certificate, some tax certificates, some bank statements in Attachment E.
I hope my explanation is sufficient to enable you to understand the reason why I have a UK refusal stamp in my passport.

Thank you.

Yours Faithfully,

UK visa shouldn't be an issue, traffic offence should be fine as long as it didn't go to the court. Hopefully you should be ok

Woodquest · Post by **Woodquest** » Thu Apr 09, 2015 11:22 pm

@jeupsy thank you.

I have started a fresh thread on this. (Citizenship Application-Should I expect tough time with INIS)

Unfortunately, I can't link the page directly from my response here as the link feature seems not available for me.
Thank you.

Woodquest · Post by **Woodquest** » Fri Apr 10, 2015 10:21 am

jeupsy wrote:@Woodquest, maybe it is better to start you own thread?

I don't think the UK visa refusal will be an issue - traffic offences then I don't know.

my own thread is http://www.immigrationboards.com/irelan ... 84303.html

Thanks

mumairsharif · Post by **mumairsharif** » Sun Apr 12, 2015 4:19 pm

Woodquest wrote:Considering the comments I read in this section, then I should be expecting a tough time with my own citizenship application which was just submitted last month. What do you think?

My Situation:
Speed Ticket: June 2007 (Fine Paid in 2007 but can't find the receipts(Not mentioned in my Citizenship Application))
Drove on the edge of Bus Lane as I was taking a left turn: March 2009 (Challenged it in court and was strucked out (Not mentioned in my Citizenship Application))
UK visit refusal: April 2013 (mentioned in my Citizenship Application using a cover letter and other information I obtained from the Home Office by requesting for my personal data from the UK Visas and Immigration Section)

See my cover letter below:

Dear Sir/Ma,
Explanation of the UK VISA Refusal Stamp in My Previous Passport

The aim of this letter is to explain why a UK VISA that I applied for on the 19th of April 2013 was refused.

On the 16th of July 2008, my girlfriend submitted an EU Residence Card application on my behalf to Home Office in United Kingdom through an Immigration Representative with the intention that I would join her in United Kingdom. Please see Attachment A for information about the Immigration Representative and a letter written by the Immigration representative to Home Office dated 16/7/2008.

However, on the 25th of October 2008 my girlfriend decided to join me in Ireland instead of me joining her in the UK.

My Spouse and I then decided not to pursue the EU Residence Card application with the UK. So, I wrote a letter of withdrawal to my Immigration Representative in the UK, instructing them to withdraw the Residence Card application from the Home Office and that we were no longer interested in pursuing the application.

Thereafter, I applied for my EU1 Residence Card in Ireland in September 2009 and it was successful.

On the 2nd of April 2013 my employer sponsored me to attend a Post Graduate Degree Course in Belfast. The Postgraduate programme was organised and delivered by Queens University Belfast – and it required all participants to attend Queens University Belfast in the UK.

Therefore, on the 19th of April 2013 I submitted an application for VISA clearance to enter the UK, through the UK embassy here in Ireland. The application was subsequently refused on the grand that I did not mention on my application form that I had been previously refused a residence card – non EEA national application on 22 February 2010 by the Home office. Please see Attachment B.

The VISA refusal notice came as a surprise to me as I did not know that my application for an EEA Residence Card that was submitted in July 2008 was not withdrawn by my immigration representative. Therefore, I decided to investigate the matter myself. All attempts to contact the office of the immigration representative was unsuccessful as they seems to have changed their office and their telephone contact numbers or they are no longer in business.

I decided to contact the UK Home Office myself, to request for information on why my request to withdraw my EEA residence application in 2009 was not honoured and why it was held as a reason to refuse me an entry to the UK. The information supplied to me by the UK Home Office indicates that no withdrawal attempts were received by the Home Office from my immigration representative in January 2009. And also that the EEA Residence Card application was refused because my immigration representative failed to respond to several letters that the Home Office wrote to them, requesting for additional documentation to support the application. Please see Attachment C. Attachment D shows that all letters sent to the Address of the Immigration Representative was returned to the UK Home Office as “Addressee Unknown”.

I have been living continuously in Ireland since arrival in 2006 till now. Please see Attachment E as evidence that I was living, working and even studying for my Master Degree in Computer Science at the Institute of Technology Tallaght from 2008 to 2010. Then, I took a year break as a result of financial difficulty and thereafter completed my Master degree in 2011. I attached my yearly statement of Examination result and final Certificate, some tax certificates, some bank statements in Attachment E.
I hope my explanation is sufficient to enable you to understand the reason why I have a UK refusal stamp in my passport.

Thank you.

Yours Faithfully,

You should report that lawyer/immigration representative to their regulatory body. He took gee from you but didn't do his job properly.

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Citizenship form - help

Citizenship form - help

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