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If joint application for naturalisation fails

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Sten
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If joint application for naturalisation fails

Post by Sten » Mon Aug 31, 2009 3:57 pm

If a married couple jointly applies for naturalisation and one of the applicants does not fulfil the residence requirement for example, what happens to the application:

1) Rejected in whole, fee not returned

or

2) The eligible partner still gets approval, the difference between joint and single application is returned ?
Good luck !

Sten
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Posts: 237
Joined: Tue Jul 13, 2004 8:20 am

Post by Sten » Tue Sep 01, 2009 7:43 pm

Any thoughts ?
Good luck !

Obie
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Ireland

Post by Obie » Tue Sep 01, 2009 7:49 pm

Each application are dealt with individually as opposed to an ILR or other residency application.

If you wife doesn't meet the requirement and only you meet it, then you application will be successful and her's wouldn't.

If there are compelling reason for her absence, she might be exempted.
Smooth seas do not make skilful sailors

Sten
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Joined: Tue Jul 13, 2004 8:20 am

Post by Sten » Tue Sep 01, 2009 10:18 pm

As I understand the joint application fee = single application fee + ceremony fee for the second applicant. So although, as you say, these are two individual cases, but the fee they charge suggests the possibility that it will be processed at once.

Otherwise what is the difference apart from the price between sending two separate applications or one joint in this case ?

The absence was due to child birth, it's a sort of grey area. This is mentioned as a valid exception for EEA applicants, but not for others.
Good luck !

Obie
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Post by Obie » Tue Sep 01, 2009 11:30 pm

I think there is a clear distinction here, between Joint Fee for spouse or civil partner's applications, which is £850 and a Joint Application Fee, which is what you are purporting, which doesn't exist.

You get a concession for applying at the same time as a spouse or civil partner living in the same household, but your applications are assessed individually, they are not intertwined.

It is highly probable they are processed together, but the decisions are independent of each other.

Also discretion can be allowed in your case if you meet these set criteria .
Smooth seas do not make skilful sailors

Sten
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Posts: 237
Joined: Tue Jul 13, 2004 8:20 am

Post by Sten » Wed Sep 02, 2009 9:50 am

Obie wrote:I think there is a clear distinction here, between Joint Fee for spouse or civil partner's applications, which is £850 and a Joint Application Fee, which is what you are purporting, which doesn't exist.

You get a concession for applying at the same time as a spouse or civil partner living in the same household, but your applications are assessed individually, they are not intertwined.

It is highly probable they are processed together, but the decisions are independent of each other.

Also discretion can be allowed in your case if you meet these set criteria .
Yes Joint Fee to be correct with the naming.

Most of the discretions are work or crown service related, nothing about maternity or personal circumstances. And I could not find reference to any successful case in this circumstances.
Good luck !

Sten
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Posts: 237
Joined: Tue Jul 13, 2004 8:20 am

Post by Sten » Wed Sep 16, 2009 11:18 am

Is there a way of contacting UKBA in regards to this question ?

It does affect my plans severely whether I apply separately or solely, so I better be safe than sorry.
Good luck !

f2k
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Post by f2k » Wed Sep 16, 2009 3:04 pm

Sten wrote:As I understand the joint application fee = single application fee + ceremony fee for the second applicant. So although, as you say, these are two individual cases, but the fee they charge suggests the possibility that it will be processed at once.

Otherwise what is the difference apart from the price between sending two separate applications or one joint in this case ?

The absence was due to child birth, it's a sort of grey area. This is mentioned as a valid exception for EEA applicants, but not for others.
I think you are correct. The fee does constitutute Application Fee + Ceremony Fee. I am not sure though if it is a matter of £850 - £720 to get the ceremony fee for the 'second' applicant, i think there may be part of an 'application fee' on top of the ceremony fee. If there is anyone who has been refused or knows someone who has it would be good to know how much was refunded

As others have said one application should not affect the result of the other either negatively or positively. I am not sure though if it may have a delaying effect on the other, e.g if it is not refused straight away and they carry out some checks for some time, they might very well hold on to the other application for some time. Thats just my opinion by the way

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