Immigrationboards.com

Hi,

I have recently received my ILR on the basis on married to a British
citizen. Now I would like to apply for my Naturalization. However, I
have a question that's worrying me: In 2008 I applied for a PSW visa
which was refused on the basis of deception/representation(paragraph 322(1A)) of fraudulent
documentation in December 2008.Note* I was not given the right to appeal!

At that time I already had a two years student visa so was allowed by
home office to stay until my student visa was expired. it was also
mentioned that I cant make any application for 10 years if they deport me of the country or enter back to Uk once I have left this country or my current student visa has expired or 1 year if I leave willingly, unless
My application is on the basis of being married to a british citizen. During those two years I got married to a British citizen(feb 2010). I was
granted two years visa and I had not ticked yes for any civil or
criminal offence. last year November I applied for my ILR also without
ticking yes to any of the offence and was granted my ILR.

Now the question is, should I tick yes to any of the offence options on AN(Naturalisation) form this time?

Can that deception effect my application for naturalization although UKBA have not raised this during my last two application(as they were successful)?

Should I declare it this time even though I have not declared them the last two times?

Has any one been declined on the basis of this previously?

What do you think I should do?

Any advice will be highly appreciated!

Regards,

To me that seems a lapse on the HO part - they should have refused your past two applications as you were declined visa on the basis of 'Fraud/Deception' and were barred from making any Visa applications for the next 10 years. But, since you got approved that only suggests they did not carry out the thorough checks on their system against your history.

Having said that, since your ILR was granted recently - you might risk naturalisation too but it totally depends on the case worker.

In case if they carry out checks this time on your past immigration history they may as well revoke your ILR status ... but it might also happen they may overlook and ignore it again as done in your past two applications. It's a risk you need to evaluate if it's worth.

This is purely my opinion, may be worth to wait for the comments from Mods/Gurus

Hi Destination_London,

Thanks for your swift response. Actually in that refusal letter it was stated that I cannot make any application and unless Its on the basis of being married to a british citizen.

Also I was accused of deception by the homeoffice and not the court. as I have not been trialed in the court so I am not convicted.

What do you think?

Regards,

Guys,

Can any one please shed some light on my situation??


Many thanks,

Still waiting!!

Is this problem too complicated?

Your help will be highly appreciated!

better go for a professional help. if you go on you tube then you might get help from Harjap he is an immigration advocate.. i took his name as i have seen his most of the shows and he is talented but feel free to do your own search...

Cheers Pal!

Will check him out. However, I would still like to see what the guys over here thinks?


Many thanks,

Be consistent!!! Don't deviate from how you presented the application for ILR. Note that they said you can't make any future applications unless is based on marriage to British Citizen! Go ahead and apply for the naturalization and don't tick any 'negative' box. Unless you have been convicted or officially charged with any crime or had any civil judgments made against you.
Alternatively you can wait for one more year before you apply. If you have doubts seek LEGAL ADVICE!!!!!!

GOOD LUCK!!

Hi Inzaghi,

Thanks for you reply and supportive words, it really helps!!!

going to get a professional help.

Any one knows a solicitor that specializes in such cases?

Many thanks,