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Hi All Friends,
I need some help & Advice Please.

I have applied for my wife’s naturalization application and it was rejected under the good character, new 10-year rule, as they said my wife lived and worked illegal for 3 months and 4 days

My wife was given entry clearance on 1st November 2005 valid until 1st November 2007.
“Spouses have normally been given 27 months’ entry clearance in order to have time to make arrangements to travel and to have spent two years in the UK to enable them to apply for indefinite leave to remain” which was never granted to her.
We totally forgot to apply for Indefinite Leave to Remain because of medical reasons, which we had applied on 4th January 2008, and was granted without any problem…
If they would give her 27 months visa she would be only 4 days late which will be nothing for her naturalization application.

Now I have to appeal for her naturalization, what are her chances, any suggestions and what should we do?

Many Thanks in Advance for all the Help & advice.

Sad wrote:Hi All Friends,
I need some help & Advice Please.

I have applied for my wife’s naturalization application and it was rejected under the good character, new 10-year rule, as they said my wife lived and worked illegal for 3 months and 4 days

My wife was given entry clearance on 1st November 2005 valid until 1st November 2007.
“Spouses have normally been given 27 months’ entry clearance in order to have time to make arrangements to travel and to have spent two years in the UK to enable them to apply for indefinite leave to remain” which was never granted to her.
We totally forgot to apply for Indefinite Leave to Remain because of medical reasons, which we had applied on 4th January 2008, and was granted without any problem…
If they would give her 27 months visa she would be only 4 days late which will be nothing for her naturalization application.

Now I have to appeal for her naturalization, what are her chances, any suggestions and what should we do?

Many Thanks in Advance for all the Help & advice.

Seems justified to me, she was lucky to get ILR with a shit-storm actually.

Citizenship is a privilege not a right so no amount of appealing will help, just wait the 10 years since the offence occurred.

You cannot appeal a refused citizenship application. You can ask for a reconsideration which costs £80 and there is no set timeframe that HO have to decide, it can take a couple of months or many months. If you have medical evidence, you can use that but it does not change the fact that she had no valid leave for the time stated. Nationality rules are different to immigration rules.

Many Thanks for your advices.
i had spoken to the MP and after reading the case, They are willing to help and write to HO and the main point they want to raise is the length of the visa given instead of 37 months why she was given only 24 months and current and previous medical situations BTW my wife is disabled.
also we didn't know that once they grant something how come they re-consider it again...

have 4 kids been here since she came very difficult even solicited never told us or the HO never told us when they grant IDL that the 3 months gap will consider for naturalisation...

do you think we have any chance with MP support?

Many Thanks

The new good character requirement regarding periods of overstay only came into effect 1 year ago.

You should have raised the visa issue at the time, it is too late now.

Many Thanks, so you think i should not go ahead with £80 reconsideration?

I want to thanks all for helping and sharing.

Sad wrote:My wife was given entry clearance on 1st November 2005 valid until 1st November 2007.
“Spouses have normally been given 27 months’ entry clearance in order to have time to make arrangements to travel and to have spent two years in the UK to enable them to apply for indefinite leave to remain” which was never granted to her.
We totally forgot to apply for Indefinite Leave to Remain because of medical reasons, which we had applied on 4th January 2008, and was granted without any problem…
If they would give her 27 months visa she would be only 4 days late which will be nothing for her naturalization application.

Unfortunately, there were no provisions to grant 27 months entry clearances prior to July 2008.