very difficult question

[kamnipatel]

I came to the Uk five years ago on a spouse visa, i was a victim of domestic violence and hence moved out of my marital home after 6 months.
i applied for a visa based on domestic violence after a year and found out my husband had cancelled my visa, the home office gave me right of appeal and i won my case on human rights basis in front of a judge.
i am going to apply for naturalisation and i have done the life in the uk test.
what category am i going to apply under, wife or general?
does my husband cancelling my visa mean i was here on illegal stay and i cannot prove legal residence in last five years in uk or does that not affect my visa?
many thanks
any reply will be greatly appreciated as am very confused.
thanks

[asim72]

When did your arrive in UK?
When did your spouse visa expire?
When did you apply for domestic violence visa?
When did you win the appeal?
Did you get ILR as a result of winning appeal?

[kamnipatel]

Hi
thanks for the reply, the answers to your questions are
1. first came to uk 20 march 2007
2. spouse visa due to expire on 6 th feb 2009
3.first spouse visa cancelled by husband on 16 07 2008 not known to me
4.applied for leave as a victim of domestic violence in march 2008 and in july my application was refused due to visa being cancelled by husband but given apppeal
5.then applied under appeal and got ILR on 29 oct 2009
I hope this info is correct and let me know if any more info is needed.
your reply will be greatly appreciated and will be very helpful.
many thanks

[asim72]

You can count your 5 years residence from the date you applied for domestic violence visa in march 2008. So you will fulfill 5 years residence in march 2013 on the date you applied. You will apply in your own right and not as spouse.

But keep in mind, that if on the date of application, you are still married to your husband, you will have to write his details in the relevant columns of application form. His details will have no effect whatsoever on the outcome of your application.


You can apply now for naturalisation and ask for the period spent as overstayer to be disregarded, but this is totally caseworker's discretion. In my opinion, caseworker will not exercise discretion, and you will loose your application fee.

The safest option is to apply in march 2013. This way you do not risk loosing application fee.

[kamnipatel]

you v been very kind

[vinny]

If you had successfully appealed, then your leave should have been extended under section 3C/3D. It's unlikely that you were an overstayer.