British Citizen Application Advice needed

[kom]

Hi everyone,

I am Posting Query on behalf of my sister.

she is applying for British Citizenship (she already have ILR) with European partner.before she married to EU Citizen her case was in Judicial review for 5 months.then she changed on basis of EE Partner and she got approval.
Now she is got ILR on basis of EU Partner. The Question is if she is going to apply for British citizen can they refused on those 5 months visa gap(no visa for 5 months). As per one of solicitor there is chance of 1% for refusal for British Citizen.

Can you please advice solicitor saying is right or not as she dont want to waste her money if they refused on 5 months visa gap?

Thanks in Advance

[CR001]

Why not state her full UK immigration history with all relevant dates if you expect any worthwhile advice??

How long has she been married to an EU national and what does her residence card say exactly??

[kom]

Please find below is the immigration history:

2009 March to 2011 june- Student Visa
2011 June applied for Student Visa and get refusal with apeal rights
2011 july to 2012 jan apeal against decision
2012 Jan to 2012 July file was in Judicial review.
2012 July married to EEA National
2012 july Applied as partner of EEA National.
2013 January Visa Granted on basis of EEA National.
2018 January got ILR on the basis of EEA National

she is married from july 2012. on residence card is indefinite to leave.

Please advice.

[CR001]

2011 july to 2012 jan apeal against decision
2012 Jan to 2012 July file was in Judicial review.

So was it an appeal or Judicial Review?? They are two separate things and only one of them provides section 3C protection under the immigration rules.

Did she marry the EU spouse after HO approval to marry?

[kom]

I asked my sister about your query.

she said from July 2011 to Jan 2012 she did appeal against decision 3 times and after 3rd time they UKVI did not give her appeal right so she went for Judicial Review in 2012 Jan to July 2012. before she gets approval from Judicial review she got married to EEA National.
when she married that time she did not have to take approval from HO. she married to EEA National and then she applied on the basis of EEA National.

thanks in advance.

[CR001]

she said from July 2011 to Jan 2012 she did appeal against decision 3 times and after 3rd time they UKVI did not give her appeal right so she went for Judicial Review in 2012 Jan to July 2012.

Once her appeal rights were exhausted, she became an overstayer likely from 2011 when her last visa expired and yes, this will likely affect her citizenship application until 2022, 10 years from the date she returned to the UK or married WITHIN the UK. Judicial review does NOT give her any protection under section 3c of the immigration rules as it is a process outside of the HO immigration rules.

Is she married through the Registry office in the UK or islamically in the UK? You don't state where she got married.

[kom]

Hi CR001,

She married within the UK (while her Judicial review pending) through Registry office in UK.

please advise she can apply for British citizen or not?

[CR001]

please advise she can apply for British citizen or not?

She will likely only qualify to apply for Citizenship 10 years from the date of her marriage in 2012. If she applies before that, she will likely fail the Good Character requirement due to her length of overstay in 2011/12.

She also needs to have held settled status for a full 12 month period.

[kom]

Hi All,

I wanted share good News as My Sister applied for British Citizen and yesterday she's got the Approval latter from UKVI and Oath Certificate will follow in few days.

Thanks ..