Immigrationboards.com

so guys, I was refused my naturalization application in 2019 due to a ten year immigration ban which I didn't know about until I received the refusal letter. Prior to that, I have been on a Spouse visa for 2 and a half years and on ILR for nearly 8 yrs. So why did the issue of the ban not come into play when my previous two applications were granted, but it was used as grounds to refuse my naturalization application? And secondly, why won't the granting of the ILR not nullify the post facto usage of the ban on any subsequent applications made i.e the naturalization application?

Why were you banned?

I over stayed my previous visa

Overstaying your visa is seen as indication of you not being of good character. You applied for naturalisation more than 10 years after you regularised your immigration position (I assume) which is the period after which having overstayed stops casting doubt on your good character. This doesn't apply to ILR, and the grant of ILR confirms you did everything correctly to get ILR but citizenship is a completely different application under nationality law, not immigration law, so there are different requirements.

Sam229 wrote: ↑

Mon Feb 05, 2024 12:54 pm

So why did the issue of the ban not come into play when my previous two applications were granted, but it was used as grounds to refuse my naturalization application? And secondly, why won't the granting of the ILR not nullify the post facto usage of the ban on any subsequent applications made i.e the naturalization application?

Different laws, different rules, different requirements.

ILR is the final step in the immigration process. The laws, rules and requirements for those are different to those for naturalisation, which is a part of the nationality process.

Because you have been approved for the former does not mean that you would automatically be approved for the latter.

The latter (naturalisation) has a good character requirement that immigration applications don't have. And overstaying a visa can be interpreted as having violated that, especially if combined with other immigration offences such as working in the UK while without a visa.

Sam229 wrote: ↑

Mon Feb 05, 2024 12:54 pm

so guys, I was refused my naturalization application in 2019 due to a ten year immigration ban which I didn't know about until I received the refusal letter. Prior to that, I have been on a Spouse visa for 2 and a half years and on ILR for nearly 8 yrs. So why did the issue of the ban not come into play when my previous two applications were granted, but it was used as grounds to refuse my naturalization application? And secondly, why won't the granting of the ILR not nullify the post facto usage of the ban on any subsequent applications made i.e the naturalization application?

Sorry I misread this initial post. You can apply again once it's been 10 years from when you regularised your position with the HO, as I was saying in my earlier post. When did you overstay, and when were you granted a visa again?