Naturalisation

Gurus,Moderators and Amber please help.

I am applying for Naturalization this year 2016. I was granted ILR in March 2014 as a spouse of a British National.

I came to the UK in 2004 as a student and kept renewing my Visa. My last renewal was in 2008 and the visa was valid till 2010. I traveled out of the country in April 2009. On my return in May 2009 I was stopped at the airport because the college was declared as bogus.

I was allowed to leave the airport but later in May 2009 my visa was revoked. I continuously appealed against the decision but was still refused.

In 2010 I lodged a new appeal for unmarried partner, which was refused and was informed that I need to apply from my home country. I voluntarily went back in July 2010 to my country to apply for my unmarried partner visa. My partner is a UK national.

I applied for unmarried partner in 2010 and was granted the Visa in 2011.

Later in 2014 I was granted ILR.

I would like to apply for my citizenship in 2016 and need to know if any of my previous refusals will effect my case. I have never been an over stayer.

So, between May 2009 and July 2010 you had no leave enter / remain in the UK. Right or wrong, please confirm.
Are you now married to the same British citizen person who had sponsored your unmarried partner visa?

Hi yes I am married to the same person who sponsored my IRL visa.

In 2009-2010 I was given the right to appeal and live in the UK till a decision came through. In the mean time they did keep hold of my passport until the outcome.

Regards

On what date was the appeal (of visa revocation in May 2009) finally dismissed?
On what date did you then apply for unmarried partner leave to remain in 2010?

Hi

Claiment application to the tribunal for a review on the decision to dismiss the appeal was refused in 15Th Oct 2009.

Claimant application for a High Court review was refused in 27th Jan 2010.

Claimants right exhausted 28th Jan 2010.

Claimant appealed for LTR made of the unmarried partner settled in the UK 10 March 2010.
Application for LTR refused under section S. 96(1) in 11 March 2010
Further submission received from the claimant on 15th March 2010.
Further submission refused and removal directions set for 23rd March on 16th March 2010.
In all this time I was told to sign on once a week and was given time at each stage to appeal my cases.
I left the UK voluntarily in August 2010 and lodged my unmarried case to a British National and was granted my spouse visa in July 2011.

Thanks

aliabbas wrote:Claimant appealed for LTR made of the unmarried partner settled in the UK 10 March 2010.

I believe you meant to write "applied" and not "appealed".

If the appeal, against decision to revoke visa in May 2009, was exhausted on 28-Jan-2010, how can you say that you have never been an overstayer?
What leave did you have between 29-Jan-2010 and the date of your exit in August 2010? It appears none - which makes you an overstayer during this period. This would mean that you cannot apply for naturalisation at least until August 2020.

Hi thank you for ur reply

During all this process I was given further temperory admission in a form of letter from home office with the date to report
A letter for temperory admission was received on 6 January 2010 with date to report on 4 March 2010

As on 28 Jan 2010 my visa revocation appeal rights were exhausted and I was due to be removed but no date was given yet
And on 10 March 2010 a fresh application for leve to remain as unmarried partner was been lodge by my lawyer
On 11 March 2010 application for leve to remain as unmarried partners was refused
15 March 2010 further submission was given
16 March 2010 further submission refused and removal directions set for 23 March 2010
On 22 March 2010 judicial claim was issued
On 01 June 2010 permission to apply for judicial review was refused
And then I was entitled to renew the application but chose not to do so instead I decided to go back and apply from the home country for entry clearance to settle with my unmarried Partner and then ASAP I left the country I don't know the exact date when I left but with in time limit in end of June or July thank you

Any suggestions pls

The pieces of the puzzle (important facts) are coming out in bits!

You mention just one reporting appointment - was this the only one?
Did you report on that day (and every time later on you were required to)?
Was temporary admission revoked (or not) when appeal was exhausted, do you know for certain?


If you had temporary admission during the whole period in question (i.e. - TA was not revoked) and if you reported every time you were required to (i.e. - you were not deemed an absconder), then I believe you were indeed a legal migrant during the period in question.
Read Chapter 18: naturalisation at discretion -> Annex B: residence requirements.

Hi thankyou very much moderator for ur reply
Yes all this time they were sending me TA letters with reporting dates and I never missed any date

There is 1 more thing that concerns me is when they stopped me due to bogus college in 2009 they asked me to prove that I was a genioune student by producing my achievements which I did and also my expense that I was getting from my father which I did and they also asked me while interviewing that whether I was working or not which I did said that I only worked in 2007 and worked part time and full time when there was no semester or any exempt semester I was allowed to work part time
but they objected and there objection was that they didn't believe that I was a geniun student and they think that although I was allowed to work part time I did work full time in between semesters

And they were refusing me which I was appealing n appealing and then have put fresh unmarried partner application which again they were refusing so went back and applied from there

And even when I got unmarried partner visa from my home country and I came back and have full permission to work till today also having ILR I didn't work coz my partner is well off and i still get some money from my father And My partner was with me all those years since 2007 till now

Ur feed back pls

geriartrix any suggestions pls

Moderators any reply pls

Going by the facts, yours is a complex case. You were unfortunate to be caught up in the bogus college scandal which started the whole mess. The rules pointed out by geriatrix might shed some light on where you stand, however the discretion required by HO is based on a scale of probability and subjectivity. Posters/moderators may share their opinions on this, they are not HO officials or legal experts. The reality is that you may have to engage professional legal help on this one. I wish you the best of luck.

tripping wrote:Going by the facts, yours is a complex case. You were unfortunate to be caught up in the bogus college scandal which started the whole mess. The rules pointed out by geriatrix might shed some light on where you stand, however the discretion required by HO is based on a scale of probability and subjectivity. Posters/moderators may share their opinions on this, they are not HO officials or legal experts. The reality is that you may have to engage professional legal help on this one. I wish you the best of luck.

Thankyou for replying.

Any moderators suggestions would be helpful

aliabbas wrote: Any moderators suggestions would be helpful

What is your obsession with moderators? There are members of this forum with a wealth of knowledge that you would probably benefit from who are not moderators.

ohara wrote:

aliabbas wrote: Any moderators suggestions would be helpful

What is your obsession with moderators? There are members of this forum with a wealth of knowledge that you would probably benefit from who are not moderators.

+1

ohara wrote:

aliabbas wrote: Any moderators suggestions would be helpful

What is your obsession with moderators? There are members of this forum with a wealth of knowledge that you would probably benefit from who are not moderators.

Hi thankyou for ur advice . I did benefited from ambers advice previously when applied for ilr but any advice from any member will be helpful thanks

aliabbas wrote:Hi thankyou for ur advice . I did benefited from ambers advice previously when applied for ilr but any advice from any member will be helpful thanks

Hmm thought I just did, or maybe because I am not a moderator? Any advice given to you based on your circumstances will be based purely on members/moderators opinions according to their understanding and interpretation of the rules. As I said members here are not experts in legal matters, especially complex ones where you could get differences in opinions which could cause further confusion for you.

The reality is, the outcome of your case will be highly dependent on HO's criteria to be used to assess and determine the level of discretion for each of your particular refusal and your overall UK history- this is way beyond what members/moderators have knowledge of. Hence I suggested that you engage professional legal advice who can deal with complex cases such as yours.

Thankyou