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Naturalisation 10 year ban paragraph 320 B

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

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ispenc1
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Joined: Fri Dec 18, 2015 6:51 am

Naturalisation 10 year ban paragraph 320 B

Post by ispenc1 » Fri Dec 18, 2015 7:04 am

Hi

I've searched the forum and unable to find a similar occurrence of this.

My wife (Indonesian) was refused entry and given a 10 year general visit ban for a mistake on her 2nd application in 2009. She answered NO to 'have you applied for a visa before? a genuine mistake.

We then married in Indonesia (I'm a BC) and were successful in obtaining a spouse visa. After 2 years she applied for and was granted ILR.

We have since applied for naturalization in Sept 2015 and are still waiting. It's only just occurred to me of the previous problems. I searched the forum and the only similar instance to this was where the applicant (Jan 2015) was immediately refused prior to bio-metrics. My wife was invited for biometrics so the question is are we still likely to be refused?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation 10 year ban paragraph 320 B

Post by noajthan » Fri Dec 18, 2015 8:19 am

ispenc1 wrote:Hi

I've searched the forum and unable to find a similar occurrence of this.

My wife (Indonesian) was refused entry and given a 10 year general visit ban for a mistake on her 2nd application in 2009. She answered NO to 'have you applied for a visa before? a genuine mistake.

We then married in Indonesia (I'm a BC) and were successful in obtaining a spouse visa. After 2 years she applied for and was granted ILR.

We have since applied for naturalization in Sept 2015 and are still waiting. It's only just occurred to me of the previous problems. I searched the forum and the only similar instance to this was where the applicant (Jan 2015) was immediately refused prior to bio-metrics. My wife was invited for biometrics so the question is are we still likely to be refused?
Enrolling biometrics is just one routine procedure that occurs early on in the application process.
It is not an indicator of success (or failure) of an application.
There are ofcourse many other requirements & factors that a caseworker will assess before making a decision.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

torikelly91
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Posts: 43
Joined: Sun Dec 06, 2015 9:53 am

Re: Naturalisation 10 year ban paragraph 320 B

Post by torikelly91 » Fri Dec 18, 2015 8:47 am

Personally I think that if it was an issue she wouldn't have been granted Spouse visa and subsequently ILR.

Maybe for visiting purposes the 10 year ban still applies but since the point of obtaining the spouse visa followed by ILR is Settlement ... maybe there's a difference!

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Naturalisation 10 year ban paragraph 320 B

Post by geriatrix » Fri Dec 18, 2015 9:11 am

320(7B) is not applicable to spouse of a British citizen / settled person.
So, no effect on naturalisation (as it did not, on your EC, FLR or ILR).
Life isn't fair, but you can be!

ispenc1
Newly Registered
Posts: 2
Joined: Fri Dec 18, 2015 6:51 am

Re: Naturalisation 10 year ban paragraph 320 B

Post by ispenc1 » Fri Dec 18, 2015 10:50 am

sushdmehta wrote:320(7B) is not applicable to spouse of a British citizen / settled person.
So, no effect on naturalisation (as it did not, on ILR).
Thanks all so much for such prompt replies and giving us hope. So refreshing to see people that are willing to offer help and support.

avjones
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Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Re: Naturalisation 10 year ban paragraph 320 B

Post by avjones » Wed Jan 06, 2016 2:06 am

I don't want to spoil the party, but I think the Home Office could legitimately take it into consideration under the "good character" part of the requirements.

That doesn't mean they will do, but I think they could legally do so.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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