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Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 8:47 pm
by Dinabol500
Hi
I applied for naturalisation may 2014, I got my ilr jan 2014 after being in UK since August 2009 on spouse
Here is my past
I had criminal rec in 2005 , 4 month prison, then stayed in UK legally till October 2006' overstayed till dec 2006 and was removed by ho, then came back as spouse 2009' my naturalisation was refused becuse they changed the law dec 2014 in which time passage has to be 10 instead 7 yrs since conviction ,but in refusal letter the said any application for cs before 25/3/2016 is unlikely to succssed but they didn't put any other reasons for refusal such as my 2 month breach in 2006,
My question pls if I apply now as we passed 25/3/2016 will it be refused again on other basis such as my overstay I mean why not mention in in the first refusal. .? Was it over looked?
Your comments will be highly appreciated

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 8:54 pm
by secret.simon
Dinabol500 wrote:overstayed till dec 2006 and was removed by ho,
I would say, not till December 2016 at the earliest (10 years from the end of your illegal overstay).

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 9:19 pm
by Dinabol500
But why it wasn't a problem in the last refusal March 2015.

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 9:47 pm
by Wanderer
Dinabol500 wrote:But why it wasn't a problem in the last refusal March 2015.
UKVI have tightened up on the 'good character' requirement.

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 9:48 pm
by tripping
secret.simon wrote:
Dinabol500 wrote:overstayed till dec 2006 and was removed by ho,
I would say, not till December 2016 at the earliest (10 years from the end of your illegal overstay).
Technically that should have been the case for his first naturalisation. But as the OP already had his first naturalisation refused in March 2015, so given the 10 year ban, he would only be eligible to reapply in March 2025 under current rules?

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 9:59 pm
by CR001
It is 10 years from when the applicant legalised their stay, so in the OPs case, they can apply in 2019 on the anniversary of entering the UK on a spouse visa.

@tripping, it is not 10 years from the date of citizenship refusal.

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 10:20 pm
by Dinabol500
It's not 10 year ban from date of refusal I didn't do any deception, also why 2019 , I read in guidance that the ban should start from the date of became known to home office in my case the date they catch me and removed me , why should ban start from entry date 2009 ? Also that rule was there during my last refusal shouldn't caseworkers give all reasons in one refusal. .?

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 11:09 pm
by foufou
Dinabol500 wrote:It's not 10 year ban from date of refusal I didn't do any deception, also why 2019 , I read in guidance that the ban should start from the date of became known to home office in my case the date they catch me and removed me , why should ban start from entry date 2009 ? Also that rule was there during my last refusal shouldn't caseworkers give all reasons in one refusal. .?
you can apply again in 2019 in the day you came back to the uk , unfortunately that's how the home office look at it , and my case was the same , 10 years legal in the the uk

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 11:30 pm
by Rassel
Hi Foufou

did you ask any immigration expert, regarding your application.
Coz you apply 6 month before the new immigration rule is change.
My case similar to you, and one of immigration lawyer say it'll be a point, again it's not of your right.

foufou wrote:
Dinabol500 wrote:It's not 10 year ban from date of refusal I didn't do any deception, also why 2019 , I read in guidance that the ban should start from the date of became known to home office in my case the date they catch me and removed me , why should ban start from entry date 2009 ? Also that rule was there during my last refusal shouldn't caseworkers give all reasons in one refusal. .?
you can apply again in 2019 in the day you came back to the uk , unfortunately that's how the home office look at it , and my case was the same , 10 years legal in the the uk

Re: Naturalisation refused first time, 2nd?

Posted: Wed Mar 30, 2016 11:33 pm
by Dinabol500
Could you explain more about your case pls