Immigrationboards.com

Hi All

I need some advice....

I came in UK in 2004 as a student, in 2006 I was studying in University of Hertfordshire, my Student Visa extension was due on 8 Dec 2006, so the University submitted the Visa extension on my behalf, application was rejected due to payment problem and returned to University but then due to Christmas holidays the University received the application late and also university submitted the fresh application very late with new payment details on 11 Jan 2007 and the student visa extension was granted on 31 of Jan 2007, So in short I was WITHOUT LEAVE TO REMAIN IN UK from 8 Dec 2006 till 31 Jan 2007 for a period of 51 days.
Now on completion of 10 years in UK in 2014, I applied for ILR on the basis of long residency in 2014 but I got a refusal due to this 51 days gap, but later on I managed to get ILR on the basis of Tier-1 General on 25 Feb 2015, although I have been stopped at the airport and asked several times about this recent refusal on ILR and 51 days gap.


Now the question here is
---
Next week on 25/Feb/2016 I will complete 1 year on ILR done on the basis of Tier-1 general.
So I was thinking to apply for the Naturalization for me and my wife, But then came across this "Good Character" requirement-- which says " Any immigration breaches (like without leave to remain in UK) in the 10 year period before you apply for naturalisation may lead to a refusal of Naturalization application"


Now this gap of 51 days .........

*Is this breach of immigration ?
*Will this cause a refusal of my Naturalization Application ?
*Does UKBA these days make checks on every application or they randomly check any Naturalization
application ?
*Does anyone think I should include this information under "section 7.8 the special circumstances" and explain why I was without leave to remain in UK for 51 days during that time and explain that it was not my fault and the University submitted my application late ? OR Shall I not include this information under the special circumstances heading.
*Shall I apply along with my wife or shall I apply my wife application first as I feel she might get away with it although she was my dependent all the time in UK.

What are the chances of my application getting approved or refused ?

Guys and girls I know I have asked many questions but please advice is needed...
Many Thanks

Hi
Yes, they do conduct checks and the immigration history is perhaps the first thing they look at. The 51 day gap is almost certain to cause an issue and, based on the dates in your post, I would strongly suggest to delay your application until Jan 31, 2017 at which point ten years would have passed since the breach. Ten years is the typical ban the HO imposes on serious offenses i.e. one needs to wait ten years before lodging a new application.

The good thing is Jan 31 2017 is less than a year away, so you don't really have to wait that much. Besides you already have ILR, so there is no rush. When making the application make sure you explain everything in detail as witholding relevant information is a serious no-no in HO's book, also punishable by 10 years.

Good Luck

Btw, the title "Refused..." is misleading as you have not even applied to the citizenship.

The OP had hijacked another thread and I have now split off the post to give it greater exposure (hence the 'inherited' misleading title).

Hi Palaremzi

Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

Actually I just want to gamble and see if I get away, as my solicitor said to me that they wont look back and 51 days will not cause an issue in your case, this 10 year breach is looked for people who has asylum history.

Also would it make more sense to mention this under special circumstances in the application form?
Also If my wife apply separately will they even check this for her as well and can this casue an issue to her as she was my dependent all the time

Please advice.

vineetramdayal wrote:Hi Palaremzi

Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

Actually I just want to gamble and see if I get away, as my solicitor said to me that they wont look back and 51 days will not cause an issue in your case, this 10 year breach is looked for people who has asylum history.

Also would it make more sense to mention this under special circumstances in the application form?
Also If my wife apply separately will they even check this for her as well and can this casue an issue to her as she was my dependent all the time

Please advice.

You can see how a HO caseworker will weigh up & assess your 'good character' here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

You can read about revocation of ILR & how it may impact dependents here:
https://www.gov.uk/government/uploads/s ... ctober.pdf

Your wife will apply for privilege of citizenship on basis of her ILR.
Unless her ILR was obtained by some sort of deception involving your complicity her ILR should hold good.

Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

The ban is for 10 years from the time your illegal status ended, so it would end in 2017.

vineetramdayal wrote:Actually I just want to gamble

If your naturalisation application fails, you lose your entire fee, except £80. But it is your money. Thank you for helping pay down the national debt.

If you "gamble" by withholding information in your application and if you get caught (I am certain that you will) then you'll be banned until 2026. The ban would be due to concealing relevant information, not the overstay.

If you do not conceal anything in your application, i.e. you tell them about your overstay, then they will probably reject your application because of the overstay but you will get to reapply in 2017 (assuming everything else is in order in the application). Given that Jan 31, 2017 is less than a year ahead, I would just wait.

Btw, your solicitor's advise regarding overstay makes no sense to me. I personally know people who were denied ILR for staying over less than that.

vineetramdayal wrote:Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

palaremzi wrote:If you "gamble" by withholding information in your application and if you get caught (I am certain that you will) then you'll be banned until 2026. The ban would be due to concealing relevant information, not the overstay.

If you do not conceal anything in your application, i.e. you tell them about your overstay, then they will probably reject your application because of the overstay but you will get to reapply in 2017 (assuming everything else is in order in the application). Given that Jan 31, 2017 is less than a year ahead, I would just wait.

Btw, your solicitor's advise regarding overstay makes no sense to me. I personally know people who were denied ILR for staying over less than that.

vineetramdayal wrote:Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

Some people tempt to believe there solicitors than Minister of Justice, which in actual fact in some cases solicitor have no say in granting one stay in a country but they are just trying there best like ordinary person the only thing is they are familiar in quoting some laws but they are not in position to grant you stay. If your solicitor tell you to not disclose some thing common sense should and i see no reason he/she cant wait for couple of months before you apply rather than taking unnecessary gamble.

maxmath112 wrote:

palaremzi wrote:If you "gamble" by withholding information in your application and if you get caught (I am certain that you will) then you'll be banned until 2026. The ban would be due to concealing relevant information, not the overstay.

If you do not conceal anything in your application, i.e. you tell them about your overstay, then they will probably reject your application because of the overstay but you will get to reapply in 2017 (assuming everything else is in order in the application). Given that Jan 31, 2017 is less than a year ahead, I would just wait.

Btw, your solicitor's advise regarding overstay makes no sense to me. I personally know people who were denied ILR for staying over less than that.

vineetramdayal wrote:Just to clarify ..If I made an application for Naturalization now and get a refusal, will they Ban me for 10 year from now till 2026 to lodge a new application or will i be able to apply again after jan 31 2017.

Some people tempt to believe there solicitors than Minister of Justice, which in actual fact in some cases solicitor have no say in granting one stay in a country but they are just trying there best like ordinary person the only thing is they are familiar in quoting some laws but they are not in position to grant you stay. If your solicitor tell you to not disclose some thing common sense should and i see no reason he/she cant wait for couple of months before you apply rather than taking unnecessary gamble.

Kindly refrain from posting about Irish Citizenship in the BRITISH citizenship sub forum. You have been asked previously to keep your Irish citizenship query/posts in the Ireland sub forum. British citizenship has nothing to do with Irish citizenship and they are two completely different countries and citizenship laws and processes.