Immigrationboards.com

Dear All

I came to UK on 11/03/2004 as a student, I was granted student extensions all no problems.
I was granted Tier 1 post study work visa valid until 06/05/2010.

I applied for tier 1 general visa on 29/04/2010 which was rejected on 17/05/2010 due to bank rejected payment cheque.
I re-applied for tier 1 general visa on 17/07/2010 which was rejected on 05/08/2010 due to differing numbers and figures on payment cheque.

I re-applied for tier 1 general visa on 20/09/2010 which was granted on 11/10/2010 valid until 11/10/2012.
I applied for tier 1 general extension on 19/09/2012 which was granted valid until 11/10/2015.

I applied for ILR on 10 years long residency basis on 23/07/2014 which was refused because Home Office said that I was in UK without any leave between the period of 06/05/2010 to 11/10/2010 (157 Days) so my lawful continuous leave to remain was broken. This is the period when my Tier 1 general initial application was refused twice due to problems in payment cheque.

I applied for ILR on being 5 years on tier 1 general and been granted ILR, and my one year period on ILR is about to complete in couple of months.

Now I am preparing to apply for naturalization, keeping my immigration records in mind specially 157 days leave without any visa, do you think I qualify for naturalization & should apply?

Please guys I need your help in this difficult time.

You may fail on good character grounds at this time.

noajthan wrote:You may fail on good character grounds at this time.

Hi Noajthan

Thank you for reading my story & thank you for your reply
Can you please guide me towards some documents (page no and paragraph no etc etc) as well please,
I like to sure

because I lost some money when I applied for ILR on long residency basis and rejected and now dont want to lose any money please


Thanks you again

ii786 wrote:

noajthan wrote:You may fail on good character grounds at this time.

Hi Noajthan

Thank you for reading my story & thank you for your reply
Can you please guide me towards some documents (page no and paragraph no etc etc) as well please,
I like to sure

because I lost some money when I applied for ILR on long residency basis and rejected and now dont want to lose any money please


Thanks you again

Bit of bedtime reading. Don't have nightmares.
https://www.gov.uk/government/uploads/s ... _D_v02.pdf
- eg ref section 9

Hi Noajthan & others ( I am sure someone else might be in my position)

Thank you for your comments and put me to right directions, So far I did not have night mares

I have read the whole pdf file section nine but could not find where do I fall in there. Can you please help

On the other side I was granted ILR on the basis of being on tier 1 general for 5 years (11/10/2010 to 11/10/2015). Then how come they will refuse my naturalization application on character reference basis.

In worse case snario, if I am refused for naturalisation how long more do I need to wait and when can I apply please?

Worst case:
Breach of immigration rules (no leave).
10 year ban; (no breaches permitted in the 10 years before making an application).

ii786 wrote:On the other side I was granted ILR on the basis of being on tier 1 general for 5 years (11/10/2010 to 11/10/2015). Then how come they will refuse my naturalization application on character reference basis.

There are two different sets of rules for ILR and for naturalisation. Don't confuse the two that if ILR is granted, BC should be granted. Nationality law is more complex and has more checks than ILR.

Para 9.7 - you were not compliant during part of 2010.

I suspect you will need to wait until 12 October 2020 to be clear of the 10 years since breach rule, but you are free to take a chance and risk losing the fee.

As noted by others, the fact that this didn't lead to refusal of ILR is not relevant to the naturalisation decision.