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Naturalisation Application (Currently ILR with previous refused visa app)

Posted: Tue Oct 06, 2020 2:18 pm
by AussieUK2020
Hi there,

I'm planning on submitting an application for Naturalisation and hoping to gain some valuable advice to avoid what was an incredibly traumatic experience to gain my ILR in 2013. Hoping to have some questions answered.

*About Me*

-ILR status in the UK since 2013, following 5 years on Tier 2 Visa for 5 years
-ILR expiry date is April 2023
-Citizenship - Australian
-No criminal history or character issues (not even a parking ticket)
-Been living in the UK continuously since 2013 with no gaps/breaks
-Now married to a British Citizen (by birth) with 2 dependent children (British born)

*About the Refused visa application in 2012*

-In 2012, I submitted an application for ILR based on being eligible from 5 years being sponsored by my employer on a Tier 2 visa. The company I was sponsored by was acquired by a larger company but they did not submit a "Technical Change of employment". During my application the Home Office picked up my payslips were processed by a different company to the name of the sponsored company (even though the company still existed as a subsidiary). The application was refused.
-My company appointed an Immigration Barrister to look over the case, they processed the TCE, and helped me resubmit a fresh application for ILR which was successfully granted a few weeks later.
-All of this was submitted before the expiry date of my Tier 2 visa but was working in the UK post expiry of the visa but whilst the ILR was being considered.

QUESTIONS
(1) If I was to submit my application for Naturalisation myself (without any legal representation), would the previous refused visa application make this a "complex case", therefore could be a challenge to manage myself as a novice? Worried about "going it alone" given the history, should I be?

(2) Life in the UK Test - I did complete this during my ILR application, but the application form says to enter the approval reference number. Is this required as I don't think I have documentation anymore? Can I get this from somewhere? I'm sure however that given I have an Australian passport this would negate the need for a Life in the UK test? Or is this just the language element?

(3) How long will it take to get my passport / BRP back during the application process? It was incredibly stressful that during my ILR application, the Home Office kept my passport for nearly 2 years of which the majority of this time it was sitting in an envelope in a mail crate in Cardiff unopened, leaving me without being able to travel. Is this the same process for Naturalisation? Or do they give you the passport back quickly?

Many thanks
Slightly concerned ILR > Naturalisation applicant :).

Re: Naturalisation Application (Currently ILR with previous refused visa app)

Posted: Tue Oct 06, 2020 3:12 pm
by Zerubbabel
Hello

Citizenship is not an immigration application. It's going to be treated by different people than ILRs.

1 - Solicitor is just going to ask you tons of questions then fill the forms online for you. No added value really. The forms are straightforward and there is only one way to fill them.

2 - Life in the UK is needed. Your Australian passport would dispense you for the English test as the official language of your country is English but it doesn't change anything for Life in the UK. If you lost it, you need to pass it again. Shame, because it's valid forever. If you find it, you can use it. (I am checking online. Apparently, it you passed as part of ILR, it's not needed again for citizenship. But I am not sure if the forum would let you advance without it.)

3 - You never give them your passport. Everything is online now.

They will review your entire immigration history. If it's complex, your case may take a week or two more but nothing major. People who wait years are often from refugee background where a doubt subsists about their identity and associations. But a difficult ILR 7 years ago should not trigger anything major.