Page 1 of 1

naturalization with ilr and cancelled spouse visa,

Posted: Mon Nov 07, 2011 7:03 pm
by azkata
Hi
This is a great forum and very helpful.
I came to the Uk in march 2007 on spouse visa. my marriage broke down due to domestic violence and the police rescued me from my marital home.
My husband cancelled my visa without my knowledge and only found out about it after my lawyer put in an application for indefinite leave to remain based on domestic violence.
My application was refused since i didnot have permission to stay in uk but i got my ilr on appeal based on domestic violence in june 2009.
my five years stay in uk will complete in march 2012.
can i apply for British citizenship with lawful legal residence of five years since i didnot know my husband cancelled visa in feb 2008 or will i be eligible to apply for my naturalization after five years of indefinite leave in uk which was granted in june 2009.
i am very confused and any help will be greatly apptrciated.
azka

Posted: Mon Nov 07, 2011 8:02 pm
by geriatrix
Do you know if your leave as spouse was curtailed by UKBA when your husband informed UKBA about the breakdown in relationship and requested cancellation of your leave?

When was your spouse leave due to expire (expiry date on the visa)?
When did you apply for settlement under domestic violence rule?

Thanks for quick reply

Posted: Mon Nov 07, 2011 8:19 pm
by azkata
Thanks for such a quick reply.
My spouse visa was curtailed by ukba upon request of my husband and the reason was breakdown of relationship and i didnt know about this.
My spouse leave was due to expire in march 2009, i applied for settlement under domestic violence rule in february 2009.
I hope this answers your question.
desparately awaiting your reply.

Posted: Mon Nov 07, 2011 11:22 pm
by geriatrix
If your visa was curtailed, do you know what the expiry date of the curtailed leave was?

This is important to ascertain whether any period of your stay in the UK before Feb 2009 was unlawful.

it was jan 2008

Posted: Mon Nov 07, 2011 11:38 pm
by azkata
visa was curailed jan 2009

Posted: Tue Nov 08, 2011 12:10 am
by geriatrix
If your leave was curtailed in Jan '09, then I am unable to understand how you were granted the right to appeal when your settlement application (submitted out-of-time in Feb '09) was refused.

Posted: Tue Nov 08, 2011 7:16 am
by John
azkata, I think paying £10 for a SAR would be a good investment. That is, find out exactly what the UKBA record you actually say.

Details on this UKBA webpage.

thanx

Posted: Tue Nov 08, 2011 8:33 am
by azkata
hi
well i was granted visa by an immigration appeal tribunal after checking my docs now.
and what is a sar.
many thanks
u guys have been very helpful

Posted: Tue Nov 08, 2011 9:51 am
by Greenie
sushdmehta wrote:If your leave was curtailed in Jan '09, then I am unable to understand how you were granted the right to appeal when your settlement application (submitted out-of-time in Feb '09) was refused.
they may have made a decision to remove - which does attract a right of appeal.

I agree a SAR is the way forward.

Re: thanx

Posted: Tue Nov 08, 2011 10:25 am
by geriatrix
Thanks Greenie.
azakata, was that the case?
azkata wrote:and what is a sar.
John wrote:Details on this UKBA webpage.
azkata, click on the blue text.