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Any chance of Naturalisation application being refused?
Posted: Fri Sep 14, 2018 2:11 pm
by Ukguy18
I got my ILR in Aug 2018 and planning to apply for BC in Aug 2019. I have a query in regards to proving good character for Naturalisation.
Background.
- Got my first student visa in Feb 2009 to Feb 2010.
- Applied for extension of student visa in Feb 2010 but didn’t get reply until Aug 2010.
- In the reply, HO sent all my documents back along with my application form and stated that my application was invalid as they couldn’t collect their fee from my bank account. There was no right to appeal but asked to re-apply if I wish.
- I reapplied straightaway in Aug 2010 with the same old application form along with a cover letter mentioning that I had sufficient funds in my bank account and supported it with my bank statement from Jan 10 to Aug 2010. They granted me student visa in Sept 2010 till March 2012.
- Got my PSW in Jan 2012 to Jan 2014
- Then got Tier 2 visa in Aug 2013 to Aug 2019 (extended in Aug 2016).
- Granted ILR in Aug 2018 through Tier 2 visa 5 year route
My question: is there any chance of my naturalisation application getting refused in a ground of not having good immigration history (for 10 years) due to not having any visa for the period from Feb 2010 to Sept 2010? Please advise.
Thanks.
Re: Any chance of Naturalisation application being refused?
Posted: Fri Sep 14, 2018 4:07 pm
by cyclina1
Read this -
https://assets.publishing.service.gov.u ... e-v8_0.pdf
An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.
And you are similar to Example 3, but you just not pay your application -
Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.
Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.
Re: Any chance of Naturalisation application being refused?
Posted: Sat Sep 15, 2018 9:56 am
by Ukguy18
Thank you for your reply cyclina1. It was really helpful.
Just a curiosity that if I do apply in Sept 19 for naturalisation and got refusal due to not having good immigration history, will it impact my ILR status? Can they revoke my ILR while reviewing my naturalisation application?
Re: Any chance of Naturalisation application being refused?
Posted: Sat Sep 15, 2018 11:05 am
by CR001
Ukguy18 wrote: ↑Sat Sep 15, 2018 9:56 am
Just a curiosity that if I do apply in Sept 19 for naturalisation and got refusal due to not having good immigration history, will it impact my ILR status? Can they revoke my ILR while reviewing my naturalisation application?
A citizenship refusal does not mean your ILR will be revoked, unless deception is uncovered and which you used in your previous applications to HO.
Re: Any chance of Naturalisation application being refused?
Posted: Sun Sep 16, 2018 9:52 pm
by zinao
Oh my goodness
I was about to fill my application to beat Brexit
I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?
cyclina1 wrote: ↑Fri Sep 14, 2018 4:07 pm
Read this -
https://assets.publishing.service.gov.u ... e-v8_0.pdf
An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.
And you are similar to Example 3, but you just not pay your application -
Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.
Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.
Re: Any chance of Naturalisation application being refused?
Posted: Mon Sep 17, 2018 12:01 am
by cyclina1
zinao wrote: ↑Sun Sep 16, 2018 9:52 pm
Oh my goodness
I was about to fill my application to beat Brexit
I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?
cyclina1 wrote: ↑Fri Sep 14, 2018 4:07 pm
Read this -
https://assets.publishing.service.gov.u ... e-v8_0.pdf
An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.
And you are similar to Example 3, but you just not pay your application -
Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.
Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.
Yes, the invalid application made you had no valid leave to remain as explained.
It is always 10 years from the incident if immigration rule is violated...
Re: Any chance of Naturalisation application being refused?
Posted: Mon Sep 17, 2018 1:29 am
by zinao
cyclina1 wrote: ↑Mon Sep 17, 2018 12:01 am
zinao wrote: ↑Sun Sep 16, 2018 9:52 pm
Oh my goodness
I was about to fill my application to beat Brexit
I had an invalid student application and was not given time to correct it in 2011. I wrote a letter to the HO to start my resubmitted application from the date my visa expired but the home office still refused me. I went to appeal.
In 2013 a judge granted me my indefinite leave to remain based on the fact that the home office should have been more considerate and taking my letter into consideration.
Are you telling me that period I was invalid will affect now if I apply for my BP?
I thought it was 5 years if there were any issues or gaps? When did it increase to 10 years?
cyclina1 wrote: ↑Fri Sep 14, 2018 4:07 pm
Read this -
https://assets.publishing.service.gov.u ... e-v8_0.pdf
An invalid application does not extend leave under section 3C.
The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of
the Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section
3C leave does not apply where the application to extend or vary leave is rejected as
invalid.
And you are similar to Example 3, but you just not pay your application -
Example 3
Leave expires on 21 March. An application is made on 21 March to extend leave.
The application is invalid as mandatory documents are missing. The applicant is
given an opportunity to provide the missing documents. The missing documents are
not provided and the application is rejected as invalid on 30 March. The person will
have been without leave from 22 March, their leave having expired on 21 March.
Because you have no valid leave to remain from Feb-SEPT 2010, therefore you are illegal during that period, you likely can apply BC only after SEPT 2020. I know it is not your fault that the money cannot be taken for your Tier 4 extension and cause your applation invalid, but home office does not take this as consideration, unfortunately.
Yes, the invalid application made you had no valid leave to remain as explained.
It is always 10 years from the incident if immigration rule is violated...
Re: Any chance of Naturalisation application being refused?
Posted: Mon Sep 17, 2018 1:30 am
by zinao
Is there a link that says 10 years?
How do I get my file from the home office
Re: Any chance of Naturalisation application being refused?
Posted: Mon Sep 17, 2018 8:49 am
by Ukguy18
Hi Zinao,
I got my immigration history from HO through SAR request I made 3 months back. It has all the details of when I applied for visa and when it got accepted. You can do the same.
Re: Any chance of Naturalisation application being refused?
Posted: Mon Sep 17, 2018 2:45 pm
by cyclina1
zinao wrote: ↑Mon Sep 17, 2018 1:30 am
Is there a link that says 10 years?
How do I get my file from the home office
https://assets.publishing.service.gov.u ... feb-18.pdf
read page 6.