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Citizenship applicationsl after previous refusal
Posted: Tue Feb 23, 2021 12:14 am
by Ahuws
Hi,
Bit of background info.
I’m from India and my first application for naturalization submitted in Feb 2016 was refused because I was in breach of immigration rules - Not only I overstayed my student visa( expired 31st May 2010) but continue working for 5 months after my visa expired – due to long and protracted COA for marriage application to an EEA national fiancée( now wife).
Nevertheless, COA was approved and issued on 21 Dec 2010 and we got married on 22nd Jan 2011.
I applied for EEA2 Residence Documentation and was duly granted on 20th May 2011. Subsequently, the EEA4 BPR card was granted in Jan 2016. I applied for naturalization in Feb 2016 and got a refusal letter in May 2016 and was advised to not re-apply before 20th May 2021.
I have been reading through the experiences shared by other members and can understand all the frustration. I have few questions though:
1. What was my immigration status between the day I got married and the residence documentation issued? The home office in their refusal letter made it abundantly clear that they are disregarding this period.
2. My previous application for naturalization was on the basis of a Non-EU spouse of an EEA national. Now that my spouse is dual British (BC acquired in Nov 2016) and European national, can I reapply for naturalization as a married partner of a British citizen?
Thanks a lot.
Re: Citizenship applicationsl after previous refusal
Posted: Tue Feb 23, 2021 1:58 pm
by secret.simon
Assuming it was a legally registered and recognised marriage, you should be able to apply for citizenship on or after the 10th date of the registration of your marriage (assuming your marriage took place in the UK).
Was your marriage done at a registrar's office?
Re: Citizenship applicationsl after previous refusal
Posted: Tue Feb 23, 2021 10:03 pm
by Ahuws
secret.simon wrote: ↑Tue Feb 23, 2021 1:58 pm
Assuming it was a legally registered and recognised marriage, you should be able to apply for citizenship on or after the 10th date of the registration of your marriage (assuming your marriage took place in the UK).
Was your marriage done at a registrar's office?
It was indeed a legally registered marriage solemnized by Deputy Superintendent Registrar at my local Council in London. A copy of the marriage certificate and few photographs were attached as evidence towards the application for Residence Documentation(EEA2). I don't remember now whether the marriage certificate was attached as evidence towards the application for naturalization.
any comment on the second question?
Re: Citizenship applicationsl after previous refusal
Posted: Tue Feb 23, 2021 10:06 pm
by secret.simon
Ahuws wrote: ↑Tue Feb 23, 2021 12:14 am
2. My previous application for naturalization was on the basis of a Non-EU spouse of an EEA national. Now that my spouse is dual British (BC acquired in Nov 2016) and European national, can I reapply for naturalization as a married partner of a British citizen?
Yes, provided you meet the three year absence and physical presence requirements, apart from the other other usual naturalisation requirements (English language, LITUK, etc).
Ahuws wrote: ↑Tue Feb 23, 2021 10:03 pm
secret.simon wrote: ↑Tue Feb 23, 2021 1:58 pm
Assuming it was a legally registered and recognised marriage, you should be able to apply for citizenship on or after the 10th date of the registration of your marriage (assuming your marriage took place in the UK).
Was your marriage done at a registrar's office?
It was indeed a legally registered marriage solemnized by Deputy Superintendent Registrar at my local Council in London. A copy of the marriage certificate and few photographs were attached as evidence towards the application for Residence Documentation(EEA2). I don't remember now whether the marriage certificate was attached as evidence towards the application for naturalization.
In that case, your legal residence started on the date you got married to the EEA national and you can apply on or after the 10th anniversary of your marriage.
Re: Citizenship applicationsl after previous refusal
Posted: Wed Feb 24, 2021 10:53 am
by Ahuws
secret.simon wrote: ↑Tue Feb 23, 2021 10:06 pm
Ahuws wrote: ↑Tue Feb 23, 2021 12:14 am
2. My previous application for naturalization was on the basis of a Non-EU spouse of an EEA national. Now that my spouse is dual British (BC acquired in Nov 2016) and European national, can I reapply for naturalization as a married partner of a British citizen?
Yes, provided you meet the three year absence and physical presence requirements, apart from the other other usual naturalisation requirements (English language, LITUK, etc).
Ahuws wrote: ↑Tue Feb 23, 2021 10:03 pm
secret.simon wrote: ↑Tue Feb 23, 2021 1:58 pm
Assuming it was a legally registered and recognised marriage, you should be able to apply for citizenship on or after the 10th date of the registration of your marriage (assuming your marriage took place in the UK).
Was your marriage done at a registrar's office?
It was indeed a legally registered marriage solemnized by Deputy Superintendent Registrar at my local Council in London. A copy of the marriage certificate and few photographs were attached as evidence towards the application for Residence Documentation(EEA2). I don't remember now whether the marriage certificate was attached as evidence towards the application for naturalization.
In that case, your legal residence started on the date you got married to the EEA national and you can apply on or after the 10th anniversary of your marriage.
Thanks a lot for the clarification. Shall proceed with the application process. will update members in due course