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Naturalisation worries
Posted: Thu May 18, 2017 9:11 am
by smallpie
Hi kind people,
Av processed my application yesterday with the NCS , but am scared on refusal, based on the strict rules of good character, after reading stories on here. Am a big fan of this forum from RC days until date, so I take all on board.
I overstayed for one year on my previous work visa status, before acquiring my five years family member to my EU wife.
I read alot of stories of refusal based on overstayed in the past etc
Cos I was out of UK on 18th May 2012 - 25th same month. The NCS official said she will hold my application till nxt week 25th and HO will receive it by 26th. Says HO start counting from the day they receive it there.
But the fear is the refusal based on my previous breach of immigration rules. She asked from the questionaire, and I said yes. (The only yes to my questionaire), cos I think HO will find out anyways if I lie as No.
So do I tell her not to send it, collecting my application back or carrying on with it?? It's a lot of money to gamble with.
And how long likely to wait to apply if I didn't send it based on my previous immigration record.?
Re: Naturalisation worries
Posted: Thu May 18, 2017 10:23 am
by Coldwinter
In which year did you overstay?
Re: Naturalisation worries
Posted: Thu May 18, 2017 10:29 am
by smallpie
Coldwinter wrote:In which year did you overstay?
2008 end - 2009 end
During that time, am with my EU wife,, not married then, but trying to figure out the process to take to apply under EU law.
I ended up applying as unmarried by end of 2009. RC was granted 2011.
Re: Naturalisation worries
Posted: Thu May 18, 2017 3:20 pm
by secret.simon
smallpie wrote:During that time, am with my EU wife,, not married then
When did you marry your EU wife?
Your residence only became legal on the fifth anniversary of marriage or the fifth anniversary of the issuance of the RC, whichever came first.
Any naturalisation application made by you before the tenth anniversary of your stay becoming legal is highly likely to rejected.
Under EU law, your earlier overstay can not lead to a refusal. Under UK nationality law, it can be grounds for refusal.
Re: Naturalisation worries
Posted: Thu May 18, 2017 3:37 pm
by smallpie
secret.simon wrote:smallpie wrote:During that time, am with my EU wife,, not married then
When did you marry your EU wife?
Your residence only became legal on the fifth anniversary of marriage or the fifth anniversary of the issuance of the RC, whichever came first.
Any naturalisation application made by you before the tenth anniversary of your stay becoming legal is highly likely to rejected.
Under EU law, your earlier overstay can not lead to a refusal. Under UK nationality law, it can be grounds for refusal.
Thanks for the reply, I married 2011, just before I received my RC
So as it is now, am likely to be refused?
Re: Naturalisation worries
Posted: Thu May 18, 2017 3:40 pm
by secret.simon
smallpie wrote:Thanks for the reply, I married 2011, just before I received my RC
So as it is now, am likely to be refused?
Any application made before the tenth anniversary of your marriage is highly likely to be refused.
Re: Naturalisation worries
Posted: Wed Mar 07, 2018 9:52 pm
by Abbas12
smallpie wrote: ↑Thu May 18, 2017 9:11 am
Hi kind people,
Av processed my application yesterday with the NCS , but am scared on refusal, based on the strict rules of good character, after reading stories on here. Am a big fan of this forum from RC days until date, so I take all on board.
I overstayed for one year on my previous work visa status, before acquiring my five years family member to my EU wife.
I read alot of stories of refusal based on overstayed in the past etc
Cos I was out of UK on 18th May 2012 - 25th same month. The NCS official said she will hold my application till nxt week 25th and HO will receive it by 26th. Says HO start counting from the day they receive it there.
But the fear is the refusal based on my previous breach of immigration rules. She asked from the questionaire, and I said yes. (The only yes to my questionaire), cos I think HO will find out anyways if I lie as No.
So do I tell her not to send it, collecting my application back or carrying on with it?? It's a lot of money to gamble with.
And how long likely to wait to apply if I didn't send it based on my previous immigration record.?
Hi what was the outcome of your application? I am in the similar situation.
Re: Naturalisation worries
Posted: Thu Mar 08, 2018 6:39 am
by smallpie
Hi there, Sorry for my late reply.
Regarding your question, my application was granted last year November and I have my British passport already now.
But before it was granted, I received a questionaire form from homeoffice in November, ( asking me upto 8 questions, Regarding my overstayed period)
I answered with relevant evidences/documents. And was granted the following week.
What is your situation and when did you apply??