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Asking for a friend. ILR was granted based on DV. Initially entered the UK via 2.5yr spouse visa that was curtailed due to her partner lying to home office that she fled. Do you think the Naturalisation application will be unsuccessful due to the period of staying illegally because of the curtailment? She’s planning on applying on the 5year route this year but worried the period of curtailment will affect HO decision. Do you think HO will take into account that the curtailment was issued based on lies from partner? Will appreciate your answers. Thank you

You need to provide exact dates of events and visas etc for anyone to offer advice. Also how long did she have no legal status??

The 60 days curtailment period is still legal status. It is if she didn't do anything or didn't leave after the 60 days curtailment that she would be an overstayer.

Regardless, any period of overstay will usually result in a refusal and loss of fee if there is overstay within the last 10 years. Citizenship comes under different laws than immigration applications.

She only applied for Dv ILR a year after the curtailment had expired which was granted. Can she exercise discretion instead.

When did this occur exactly??

The good character requirment is clear on periods of overstay.

If she did nothing to regularise her stay or leave the UK before the end of the curtailment period, then she willinging caused this overstay. If she also worked in this period of overstay, it is another thing against her.

Naturalisation is not an immigration application where the rules are more flexible.

I honestly hope for her sake her DV claim for ILR was genuine.

Do you think HO will take into account that the curtailment was issued based on lies from partner?

That is her version though. If ukvi curtailed her leave, they must have had no reason to doubt what her partner said. If her partner withdrew their support and informed ukvi the relationship has broken down, a visa is curtailed, simples. The nationality depatment simply deals with an application who either does or does not qualify and meet the requirements for citizenship.

Yea it was 100% genuine, in fact it was the trauma from the dv ( which was reported to the police at the time) plus losing her parents at the same time that led to the delay in applying for dv ILR, she did contact the HO to leave but was told she will have to wait till after the curtailment before she can be provided with plane ticket back to her country. By the end of the curtailment she was already deep in depression. She still has the email sent to the HO stating she wants to leave and didn’t want to be an illegal immigrant. She just wants to know if she puts all the pieces together, maybe there will be a chance or she better wait for the 10 years legal stay route.

Better to wait the 10 years.

Zebe1234 wrote: ↑

Fri Jan 01, 2021 11:02 am

Asking for a friend. ILR was granted based on DV. Initially entered the UK via 2.5yr spouse visa that was curtailed due to her partner lying to home office that she fled. Do you think the Naturalisation application will be unsuccessful due to the period of staying illegally because of the curtailment? She’s planning on applying on the 5year route this year but worried the period of curtailment will affect HO decision. Do you think HO will take into account that the curtailment was issued based on lies from partner? Will appreciate your answers. Thank you

If you are not a refugee & can travel to home country then there isn't a big difference in terms of rights between having ILR & citizenship. There is legally a big difference though. Naturalization is the most complex application where HO deliberately tries to find something to block someone becoming 2nd class British citizen & this Tory tool so called good character requirement is the trap where anyone can be trapped .
If you are so anxious to get nationality you can apply & ask for discretion which can be applied in your favour depending on caseworker according to home office's guidance if you haven't worked illegally during overstay & that overstay wasn't your fault & it seems in your case you didn't have intention to overstay as you have email proofs. A good lawyer or if yourself ,can explain in details all the situation .According to their guidance you deserve a discretion. Now it's upto them to follow their own guidance or not .

Thank you very much for your advice, I will ask her to speak to lawyer who helped with ILR and take it from there