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Your application will be refused for 3 years after a court fine. Remember to declare this in the criminal offences section of the form, otherwise you'll get a further 10 year ban for deception.Umade wrote:Okay thanks t123456789 for your reply.
Does that mean after October 2017 I will still get refused?t123456789 wrote:Your application will be refused for 3 years after a court fine. Remember to declare this in the criminal offences section of the form, otherwise you'll get a further 10 year ban for deception.Umade wrote:Okay thanks t123456789 for your reply.
Only if you do not declare the court fine when you apply. Apply in Oct 2017, declare the fine, and you will be OK.Umade wrote:Does that mean after October 2017 I will still get refused?t123456789 wrote:Your application will be refused for 3 years after a court fine. Remember to declare this in the criminal offences section of the form, otherwise you'll get a further 10 year ban for deception.Umade wrote:Okay thanks t123456789 for your reply.
Hi chrisini77chrisini77 wrote:I finally got a brown envelope today with my application approved and waiting for my ceremony letter...thanks everyone who contributed and shared stories on this forum......chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.
They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.
I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.
I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
kabalatown wrote:Hi All,
I have my nationalization for BC refuse due to a police caution I have for drink and disorder behavior in public back in March 2013, to cut the story short I honestly did forget to include this in my application. I know it will sound silly, however the way the police get me the caution is highly questionably it was sold to me in a way that just sign and u free to go,
I was given a reconsideration form, I did my reconsideration through a lawyer in July 2015 got a refusal again in November 2015.
The refusal letter main reason was that the decision to refuse my application was taken within Home office principle, that is a non custodial sentence will lead to refusal until three years have gone pass.
Also state that if I want to become a BC a fresh application will need to be submitted, BUT the BIG BUT it state that they will normally advice application refuse for non disclosure of conviction one should allowed TEN (10) years as is unlikely to be successful.
I have no previous conviction or contact with the authority, being in the UK since 2004 and got my ILR in 2011, being full time employment since 2006, study from recognize university etc this caution is the only big BUT.
Do anyone know what to do in this case: To make a fresh application after March 2016 ie 3 years would have lapse since my caution and write a covering letter to explain.
Also the way the caution was given is questionable, I have contact the Met police but I was advice the only way that can be look at is to take the matter to court which I honestly cant afford.
Should I ask for a meeting with the police station I was issue the caution and show them the effect probably they can investigate it as am sure I did nothing wrong to amount to a caution and the worst is not making the wording clear to me. put one in a police cell and say sign this if you want to go especially your first time in cell!!
I'm also thinking of meeting my local MP.
please please moderator and members that have experience of similar situation can you please comment please and share your idea.
Very highly unlikely that you'll get the police caution removed. So many people are sold cautions by police in a way of "just sign here and you're free to go" however as protocol they then do (in most cases) read it out to make understand you're getting a caution and it's upon you as an adult not to sign what you don't understand.kabalatown wrote:Hi All,
I have my nationalization for BC refuse due to a police caution I have for drink and disorder behavior in public back in March 2013, to cut the story short I honestly did forget to include this in my application. I know it will sound silly, however the way the police get me the caution is highly questionably it was sold to me in a way that just sign and u free to go,
I was given a reconsideration form, I did my reconsideration through a lawyer in July 2015 got a refusal again in November 2015.
The refusal letter main reason was that the decision to refuse my application was taken within Home office principle, that is a non custodial sentence will lead to refusal until three years have gone pass.
Also state that if I want to become a BC a fresh application will need to be submitted, BUT the BIG BUT it state that they will normally advice application refuse for non disclosure of conviction one should allowed TEN (10) years as is unlikely to be successful.
I have no previous conviction or contact with the authority, being in the UK since 2004 and got my ILR in 2011, being full time employment since 2006, study from recognize university etc this caution is the only big BUT.
Do anyone know what to do in this case: To make a fresh application after March 2016 ie 3 years would have lapse since my caution and write a covering letter to explain.
Also the way the caution was given is questionable, I have contact the Met police but I was advice the only way that can be look at is to take the matter to court which I honestly cant afford.
Should I ask for a meeting with the police station I was issue the caution and show them the effect probably they can investigate it as am sure I did nothing wrong to amount to a caution and the worst is not making the wording clear to me. put one in a police cell and say sign this if you want to go especially your first time in cell!!
I'm also thinking of meeting my local MP.
please please moderator and members that have experience of similar situation can you please comment please and share your idea.
Have a look at the current guidance on character:Solomon79 wrote:Hi
I was in IVA agreement in 2011 and as per agreement I paid in first 12 months approx. £7000 but later found out that my IVA company staff (IP) have paid them selves out of my 12 month annuity and my creditors didn't get any thing.
Moreover, I got married and then was not able to make payments as per agreement.
Therefore, I disagree to pay any further and then cancel the agreement.
Its been 4 years & 4 months since my IVA was signed up.
and I want to apply for naturalisation/citizenship in Feb 2016!
My question to you is would it affect my citizenship application???
Many thanks
Solomon
Well I owe this forum atleast that I should explain my situation which is pretty much same as above. My request to switch category from SEGS to Student was refused in 2007, and on advise of a solicitor he requested HO right of appeal and that was denied. To prolong the case my solicitor wrote again to HO to reconsider ( there is no such process to do that, I guess solicitor was just ripping me off). Got denied again and I left the country in 2 weeks time. After six months of naturalisation application HO asked me to explain what I did to regularise my Stay. I quickly got help from a very talented solicitor this time and she wrote all the details to HO without hiding any details along with the communication we had and requested HO to exercise discretion positively as rejecting application on good character means applicant is of bad character. And a person cannot be of bad character if act done is not deliberate.Maly110 wrote:hello all
after reading comments in this topic, I'm so worried about my application. I applied for NA in Nov 2015. here is my immigration history:
I came to the UK in Jan 2009 based a student-visitor visa which was for 6 month. i decided to do a masters degree, i went to HO Solihull office saying i want to switch my visa to a student visa, they gave me a form. i filled the form and sent off to HO. they acknowledged my application and said it takes 6 month to decide (bloody 6 month every time they say!!!) anyway, my original visa was expired but i could stay in the UK as they were processing my application. after couple of month they rejected my application and said you have to go back to home country and apply for student visa from home. After this I immidietly left the country and applied for student visa from home and got it.
do you think they will consider this as breaching the immigration laws and overstaying to refuse my NA application?
Please advise, im so worried
It's not quite that simple. A good solicitor is an immense help, and a bad rep a real problem. But with cases such as you rs and the other poster's, it also depends quite a lot on the caseworker who gets the file and what he thinks of it.mkm12 wrote: So I think if you file your case well, I am sure you will get approval. I got mine last week
Many thanks for sharing your experience.mkm12 wrote:Well I owe this forum atleast that I should explain my situation which is pretty much same as above. My request to switch category from SEGS to Student was refused in 2007, and on advise of a solicitor he requested HO right of appeal and that was denied. To prolong the case my solicitor wrote again to HO to reconsider ( there is no such process to do that, I guess solicitor was just ripping me off). Got denied again and I left the country in 2 weeks time. After six months of naturalisation application HO asked me to explain what I did to regularise my Stay. I quickly got help from a very talented solicitor this time and she wrote all the details to HO without hiding any details along with the communication we had and requested HO to exercise discretion positively as rejecting application on good character means applicant is of bad character. And a person cannot be of bad character if act done is not deliberate.Maly110 wrote:hello all
after reading comments in this topic, I'm so worried about my application. I applied for NA in Nov 2015. here is my immigration history:
I came to the UK in Jan 2009 based a student-visitor visa which was for 6 month. i decided to do a masters degree, i went to HO Solihull office saying i want to switch my visa to a student visa, they gave me a form. i filled the form and sent off to HO. they acknowledged my application and said it takes 6 month to decide (bloody 6 month every time they say!!!) anyway, my original visa was expired but i could stay in the UK as they were processing my application. after couple of month they rejected my application and said you have to go back to home country and apply for student visa from home. After this I immidietly left the country and applied for student visa from home and got it.
do you think they will consider this as breaching the immigration laws and overstaying to refuse my NA application?
Please advise, im so worried
So I think if you file your case well, I am sure you will get approval. I got mine last week
I am not sure sending further details at this stage will help or am not sure how it will be entertained but again I am no expert. Since you have already applied and if you have not mentioned your circumstance in naturalistaion application than I suspect HO will ask you to explain your overstay. Like I read someone else had similar issue on Immigrationboards and was asked to explain. However, I would suggest to ensure you have all the relevant document/communication letter sent & received from Home Office at time of overstay and be prepared to reply, if asked.Maly110 wrote:Many thanks for sharing your experience.mkm12 wrote:Well I owe this forum atleast that I should explain my situation which is pretty much same as above. My request to switch category from SEGS to Student was refused in 2007, and on advise of a solicitor he requested HO right of appeal and that was denied. To prolong the case my solicitor wrote again to HO to reconsider ( there is no such process to do that, I guess solicitor was just ripping me off). Got denied again and I left the country in 2 weeks time. After six months of naturalisation application HO asked me to explain what I did to regularise my Stay. I quickly got help from a very talented solicitor this time and she wrote all the details to HO without hiding any details along with the communication we had and requested HO to exercise discretion positively as rejecting application on good character means applicant is of bad character. And a person cannot be of bad character if act done is not deliberate.Maly110 wrote:hello all
after reading comments in this topic, I'm so worried about my application. I applied for NA in Nov 2015. here is my immigration history:
I came to the UK in Jan 2009 based a student-visitor visa which was for 6 month. i decided to do a masters degree, i went to HO Solihull office saying i want to switch my visa to a student visa, they gave me a form. i filled the form and sent off to HO. they acknowledged my application and said it takes 6 month to decide (bloody 6 month every time they say!!!) anyway, my original visa was expired but i could stay in the UK as they were processing my application. after couple of month they rejected my application and said you have to go back to home country and apply for student visa from home. After this I immidietly left the country and applied for student visa from home and got it.
do you think they will consider this as breaching the immigration laws and overstaying to refuse my NA application?
Please advise, im so worried
So I think if you file your case well, I am sure you will get approval. I got mine last week
I was thinking to write a covering letter explaining my immigration history since I entered to the UK explaining all my situation at all stages up to now and send it to HO.
Do you think this helps as a supporting document to my application and as a clarification?
wely wrote:Hi guys
I also heard that refugees with leave to remain can apply after 10 years from the date they arrive to the UK. Is this a new low or a proposal for a new low to affect from April 2016?
Many thank guys
Does anyone know information about this issue?wely wrote:Hi guys,
I am due to apply for BC in April 2016 and I have an issue that I need to ask about it.
I granted limited leave to remain in December 2009 and in June 2010 I started full-time education. I was living in a temporary accommodation and I did not know I have to buy the rent for the council, which was £600 a month. I stayed for 5 months and that make a total of £3000 then moved to a permanent flat in January 2011. Last year I knew about this debit when I visited the council and I arranged it to buy £30 a month until the amount is cleared. I started this arrangement in May 2014 and I am still buying £30 every month.
Does this debit lead to refuse my BC application or I should go ahead with it?
Amber's Response BelowManB wrote:Hello all,
Thanks Amber for the update to the FAQs in light of recent changes to the good character requirements.
I have a further question on item 14A of the updated FAQs and would be grateful for feedback, views and comments: Please is there any clarity on how individuals affected by invalid applications are assessed in terms of overstaying?
To elaborate on my situation; I applied for PSW in 2008, unfortunately my application was returned as invalid because my application form was outdated. I subsequently re-applied for PSW which was rejected on grounds on not having leave to remain. I consulted a lawyer, who submitted an FLR O application which was also rejected. I immediately returned to my home country within the 28 days criteria. I returned to the UK a few years later on a spouse visa obtained abroad (issued with no difficulty) and now have ILR (granted in the UK, also with no issues).
Would I be considered as having overstayed during my PSW application under this new guidance?
I also understand that recent legal challenges have resulted in changes to how leave to remain is calculated if an application is returned/classified as invalid. Please does anyone know if this has been applied retrospectively - for example can the judgements be applied to cases previously rejected for invalid reasons (e.g. outdated forms, payment declined etc.)?
Many Thanks.
Amber wrote:Your leave expired in 2008 and you were an overstayer. Therefore, waiting till at least 2018 would be the sensible option. Arguing about whether you were in fact an overtstayer due to a validity of application argument is unlikely to succeed. Nationality is granted at the discretion of the SoS.
