Page 1 of 1

Who knows please?

Posted: Wed Jan 28, 2015 4:35 pm
by jamesjames
Can someone please advise me?
I came to the UK in 2004 on a 6 months visa for a short course. Prior to the visa expiring, I applied for further leave to remain but this was refused and I appealed this decision at the upper tribunal which I lost. I then left the country. I returned to the UK after 1.5 years on HSMP.
I am due to apply for my naturalisation [as a spouse of a BC] and I wonder if my previous appeal might have any detrimental effect on my application for naturalisation. I do not have any [other] adverse immigration history except for what has been described above.
I do not want to throw away my £906, if that makes sense.
Thanks anyone for your anticipated helpful insight.

Re: Who knows please?

Posted: Wed Jan 28, 2015 4:52 pm
by milan69
I assume that you have iLR now and if so you have gone through the process of application and having your status checked by HO.
If you have ILR, have been living in UK for the last 3 years and married to BC i wouldn't worry.

Re: Who knows please?

Posted: Wed Jan 28, 2015 6:01 pm
by jamesjames
milan69 wrote:I assume that you have iLR now and if so you have gone through the process of application and having your status checked by HO.
If you have ILR, have been living in UK for the last 3 years and married to BC i wouldn't worry.
Thanks Milan69 for your response. I acquired PR automatically through my wife who was an EEA national and now a BC. I currently have a family member of an EEA a national residence card stamped on my passport and have had this for the last 6 years.

Re: Who knows please?

Posted: Wed Jan 28, 2015 8:42 pm
by milan69
You have 2 options:

1. If you have been UK resident for the last 3 years, married to British citizen and hold ILR/PR than you should be able to apply straight away (the only thing I am not 100% certain is if ILR and PR are treated the same - I know there is no time restriction on how long you have to have had ILR and I assume it is same for PR).
2. Or apply based on 5 years residence + 1 year ILR/PR.
I think EEA family members can automatically do this after 6 years even if they don't have PR.

As far as your ILR application 10 years ago I think you did not do anything unlawful..you applied and got rejected.
Your current status has nothing to do with your application back than.

Re: Who knows please?

Posted: Wed Jan 28, 2015 10:49 pm
by abBY20
ILR is equivalent to PR