Any chance of Naturalisation application being refused?

Ukguy18 wrote: ↑

Sat Sep 15, 2018 9:56 am

Just a curiosity that if I do apply in Sept 19 for naturalisation and got refusal due to not having good immigration history, will it impact my ILR status? Can they revoke my ILR while reviewing my naturalisation application?

cyclina1 wrote: ↑

Fri Sep 14, 2018 4:07 pm

Read this -

https://assets.publishing.service.gov.u ... e-v8_0.pdf

An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.

And you are similar to Example 3, but you just not pay your application -

Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.


Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.

zinao wrote: ↑

Sun Sep 16, 2018 9:52 pm

Oh my goodness
I was about to fill my application to beat Brexit

I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?

cyclina1 wrote: ↑

Fri Sep 14, 2018 4:07 pm

Read this -

https://assets.publishing.service.gov.u ... e-v8_0.pdf

An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.

And you are similar to Example 3, but you just not pay your application -

Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.


Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.

cyclina1 wrote: ↑

Mon Sep 17, 2018 12:01 am

zinao wrote: ↑

Sun Sep 16, 2018 9:52 pm

Oh my goodness
I was about to fill my application to beat Brexit

I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?

cyclina1 wrote: ↑

Fri Sep 14, 2018 4:07 pm

Read this -

https://assets.publishing.service.gov.u ... e-v8_0.pdf

An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.

And you are similar to Example 3, but you just not pay your application -

Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.


Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.

Yes, the invalid application made you had no valid leave to remain as explained.
It is always 10 years from the incident if immigration rule is violated...

zinao wrote: ↑

Mon Sep 17, 2018 1:30 am

Is there a link that says 10 years?
How do I get my file from the home office