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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
I understand we were relatively lucky in having our spouse visa appeal granted however the HO made basic mistakes in the reasons given for his initial refusal the example I gave in my initial post of banning a spouse for 10 years is against their own rules.london2tim wrote:I too agree with my fellow forumists
There is 0.001% chances he will get naturalised at this point. From your initial post your husband has outstayed his visa and used while here an illegal document.
You were lucky a court has granted your appeal and you obtained ILR
the ILR - will give your husband freedom and rights in UK almost like any other British Citizens (with few exceptions as right to vote, be elected or serve in Army, Civil Servant etc)
It doesnt help a lot when it comes to travelling outside UK as he still holds an Egyptian passport - but that is in my opinion an effect of each country nationality law (some passports give u access to 170 countries some to 50 etc)
He will be able to leave and return to UK without an issue - it is the destination country that will always pose an issue - so maybe try holidaying within EU and more friendly countries
Im sure he is keen to travel freely but considering his history I think he needs to be a bit more realistic
To add to what: you took HO into court - and they hold a grudge against these sort of events - for a long time
As Citizenship is not a right (like ILR) where a court can force them to release the visa - but its exclusively at the HO discretion - they can deny the application at any time - even after 10 or 25 years because you took them into court.
The best way with this is the let time flow and dust gather before trying to re-open fresh wounds
No one is suggesting anything about your appeal. You had appeal rights and used them and won. The appeal rights have been massively scaled back and in come cases withdrawn from certain visa categories in the last year and I suspect this is what the other poster was trying to convey.To suggest that because we appealed a visa refusal, any application for Citizenship will be hindered further I find a little bit presumptuous - unless of course we get the same rep who sat in on the appeal hearing looking at the application... that would be fun... She was doing her job (when she was present) but she was also quite openly dearly beloved, some of her words for my Arab Husband were rather "choice" both in and out of the courtroom!\
It's due to the fact that many spammers attempt to sell F A K E documents on the forum before moderators are able to ban them and remove their posts. Therefore the auto-change means it will read 'bad quality' documents...which doesn't appear so appealing to anyone thinking of paying for them.avjones wrote:That is an absolutely bizarre thing to do, and my apologies to the previous poster for suggesting it was her coyness!
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!CR001 wrote:No one is suggesting anything about your appeal. You had appeal rights and used them and won. The appeal rights have been massively scaled back and in come cases withdrawn from certain visa categories in the last year and I suspect this is what the other poster was trying to convey.To suggest that because we appealed a visa refusal, any application for Citizenship will be hindered further I find a little bit presumptuous - unless of course we get the same rep who sat in on the appeal hearing looking at the application... that would be fun... She was doing her job (when she was present) but she was also quite openly dearly beloved, some of her words for my Arab Husband were rather "choice" both in and out of the courtroom!\
Immigration rules and Nationality Laws are two very different sets of things. Citizenship is a privilege not a right and you can't appeal a refused citizenship application. Your husband will certainly face a refusal on a number of points, based on what you have posted regarding his time before legalising his stay.
I wasnt trying to tell you offKatron wrote:
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!
Believe me we know how lucky we are, but we definitely paid for the past, especially emotionally!
I will try to remember to post an update/new thread(?) if we get a response on our info request in case there are others in a similar situation weighing up their chances/risks if their past has a similar blot on it.
Thanks again for your responses and advice, we both appreciate it
As I said before, I didn't state all the facts just the ones that mattered for our question. Don't assume there was a f a k e passport involved here please, as that definitely wasn't the case.london2tim wrote:I wasnt trying to tell you offKatron wrote:
Yeah we understand about his Citizenship application now, but I did feel a little like I was being told off before!
Believe me we know how lucky we are, but we definitely paid for the past, especially emotionally!
I will try to remember to post an update/new thread(?) if we get a response on our info request in case there are others in a similar situation weighing up their chances/risks if their past has a similar blot on it.
Thanks again for your responses and advice, we both appreciate it
I was trying to gently tell you that Visa and Citizenship are 2 VERY different things
Just because you had the right to appeal (against the HO) and be given the ILR (most likely on the basis of being married and having the family torn apart by a refusal) that doesnt mean you can use the same argument when applying for AN and expect the HO will kindly just forget you took them into court
It doesnt matter who was their representative - any contact you have with HO is saved against your record -everyone in this country has record file with HO - so it doesnt need to be the same person dealing with your application to see you've appealed against them - any case worker who will access your husband file will see that - and if you read thru all the post on this board you will see people being denied for some crazily silly-non-offensive reasons
Citizenship is 100% at the discretion of home office and no judicial court or MP or even the queen can overtake the HO decision (of course I assume if the queen asked for a favour they wont say no to her). This is why there is no appeal but only reconsideration.
Im sorry if I sound cross but i think even you know there are slim chances - but because of your past experience where u managed to over-rule a HO decision you think this will again be possible
but its not - so maybe save that 1000 pounds to go on nice holiday you said you need so badly ...
You also said your husband overstayed and used f@ke visa/passport - that is a criminal offence - I find it a bit overly-confident he would consider applying for Citizenship already and you think this is excusable and a thing of the past (or as you say: we paid our dues)
The law is law: you want to be a citizen of this country - make sure you've respected them
Anyone has a right to second chance but we shouldn't push our luck
Referees signatures have a 6 month shelf life.ortheus wrote:Hi,
The application is for my son who is 5 years old and who was born in the UK. The parents got their ILR in July 2015.
I have two signatures of 'good character' requirement but the signatures are dated November 2015 and December 2015. Is it still OK to apply this month or do I need to update the signatures with a more recent date? I could not find the requirement about it in the guidance.
Regards,
Stanislav
fyi - In relation to citizenship, you can read the HO guidance on its good character requirements/test to see how a caseworker will (currently) assess any application:Katron wrote:...
I know Citizenship is not a right, I simply wanted to get some advice on when people would think the 10 year period would expire in his case and to get some idea as to his chances if he were to apply now, given his history. I wasn't sure if outcomes of appeals for previous visas had any influence on the effect of historic events. I know now!
The best thing (and I didn't know this was available until all the responses) will be for us to request his information straight from the horses mouth so to speak.
Again, thank you all for your responses, even if some have been a bit pointy in parts
All the Best,
KT
Kindly refrain from making multiple posts of same question in different threads.suka1989 wrote:Do you need to declare arrests which did not amount to conviction or caution or a sentence.
a friend was stopped on the street and found with small dose of cannbais, given fine of £90 but no criminal record? should declare or not as it was 2013
That isn't true. Nationality decisions are subject to judicial review! I've done several.london2tim wrote: Citizenship is 100% at the discretion of home office and no judicial court or MP or even the queen can overtake the HO decision (of course I assume if the queen asked for a favour they wont say no to her). This is why there is no appeal but only reconsideration.
I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.Manag wrote:Hello everyone,
I applied for my naturalisation 2 days ago but I found out yesterday that I had one verbal caution back on 01.01.2012,I didn't mention this one on my form and I totally forgot about this one and I didn't recieve any letter or fine but it's still in my history which one I got yesterday can anyone please help me what should I do now please please help me I'm panicking
Thanks in advance
Unless he formally cautioned you, then no, it won't have even been recorded. Did you get any paperwork from him or hear anything afterwards?imi99999 wrote:I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered
No! I did not receive any thing and they never said that they are going to do any thing. It was just verbal advice to be careful.ohara wrote:Unless he formally cautioned you, then no, it won't have even been recorded. Did you get any paperwork from him or hear anything afterwards?imi99999 wrote:I once jumped filtered traffic light by mistake and stopped after that. Police was behind me and they checked my driving licence with their system. Just bit of verbal advice and they let me go as this was a pure mistake.
Will I have to declare this?
Will this be known as caution
This happened in 2010 may be date not remembered
By the way, I suggest having a read of the highway code, specifically the traffic light signals part.
https://www.gov.uk/guidance/the-highway ... ng-traffic
Many people are unaware that amber actually means stop.
sorry to hear about your refusal , how long you been overstayed ? how you declared that you was working ?blue123 wrote:My naturalisation was refused on the grounds that I declared I was working before I was I was granted asylum therefore I do not satisfy the criteria chapter 18annex d paragraph 9.7c the nationality instructions which turn out to be the new guidance being used.
Before I was granted asylum I was an overstayed. I have been told I need to reapply in 2019 this would be ten years were I would have been free of any immigration restriction.
Do I have grounds to ask for a reconsideration.
Can anyone help
blue123 wrote:My naturalisation was refused on the grounds that I declared I was working before I was I was granted asylum therefore I do not satisfy the criteria chapter 18annex d paragraph 9.7c the nationality instructions which turn out to be the new guidance being used.
Before I was granted asylum I was an overstayed. I have been told I need to reapply in 2019 this would be ten years were I would have been free of any immigration restriction.
Do I have grounds to ask for a reconsideration.
Can anyone help
blue123 wrote:On the application form you are asked if you were employed and any checks would have shown my tax goes back forever so a bit point less to lie.
if all overstayed migrants declared about their working history , no one will be British even if u don't declared it you only get same 10 years ban but just if they find out so I think is point less if u say the truthblue123 wrote:On the application form you are asked if you were employed and any checks would have shown my tax goes back forever so a bit point less to lie.