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Absence becos of application rejection under old hsmp

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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vian29
Newly Registered
Posts: 12
Joined: Sun Jun 19, 2011 4:34 pm

Absence becos of application rejection under old hsmp

Post by vian29 » Wed Jun 29, 2011 9:30 am

Hello guys, I posted this on the ILR when maybe I should have posted it here,,I'd really like some advice from any experienced persons.

Initially entered the UK in sept 2002 on a student visa, I applied for and was granted HSMP in Jan 2006 for one year, when I applied for an extension in 2007 my application was denied, I appealed and the appeal was denied also, my passport was returned to me at the end of may and I left the UK within the next few days..
I got married and returned back here as a spousal dependant in may 2008(my then fiancée had always remained in the UK)
Earlier this year I requested for a review of my case based on the HSMP JR and was granted a 3 year extension, I subsequently applied for ILR and was granted with a complementary letter backdating the ILR to Jan 2010(as my I initial application was granted in Jan 2006)

Sorry for the long story but wanted to give a bit of background, now my questions,

Can I apply for citizenship straight away? Will there be an issue that I wasn't resident in the UK for the period June 2007 to may 2008 even though my total absence from the UK over my 5 year qualifying period does not exceed 450days in total?
My absence from the UK was later found to have been wrong in light of the JR will this help my case?

What date do i need to state as my arrival for naturalisation purposes? Is it sept 2002 when I initially came in? Jan 2006 when HSMP was granted in country or may 2008 when I came back on my husband's visa (this period however is less than 4 years....

I really hope someone can help me out with this, I'd just really like to know where I stand, and whether I need to wait till 2013 to be able to apply?

Thoughts and suggestions please....

Thanks
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vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jun 29, 2011 9:48 am

If your absences are within the specified limits and you are now eligible, then why would you have a problem?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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vian29
Newly Registered
Posts: 12
Joined: Sun Jun 19, 2011 4:34 pm

Post by vian29 » Wed Jun 29, 2011 10:18 am

vinny wrote:If your absences are within the specified limits and you are now eligible, then why would you have a problem?
Hello vinny, I guess I was worried because the absence was becos I had to leave the UK because my extension application was rejected and not due to holiday or anything like that....

Okay I should be fine then, but with regards to the arrival date do you reckon I should put my initial entry in 2002 or the HSMP approval date of 2006?
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1664
Member of Standing
Posts: 466
Joined: Sat Mar 01, 2008 5:07 pm

Post by 1664 » Thu Jun 30, 2011 10:12 am

Mine is similar to yours I.e. came in 2002 Sept on students
2006 - hsmp
Just aplied for bc and I have put my dates as per first arrival - 2002.

Best wishes
1664
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