Naturalisation Query - A potential case of deception

[panther80]

Hi All

I am about to apply for British Citizenship and fortunately stumbled upon a few posts where it has been mentioned that the full immigration history of the last 10 years is scrutinised, which made me to seek help regarding my situation.

Just to give a brief idea of my immigration history.

First arrived in the UK in 2005 on a student visa as a genuine university student with fully paid fees for a 1 year PG course. However, could not keep up with the studies and eventually dropped out without completing the course. Before the expiration of the visas, I applied for an extension using documents of a college which I did not attend, and student visa was extended for another 14 months.

Before the 6 months of the expiration of the extended visas, I got influenced by the number of successful HSMP visas of people who did not qualify for the category, and applied for one with the help of a GENTLEMAN who would charge me stupendous amount of money to arrange for documents in order to meet the requirements and applying on my behalf. I received a rejection letter from the HO a few months after the application stating the reasons of not being able to verify the documents the so called gentleman had arranged for me. I returned to my country of origin before the visa was expiring and got married. My wife had a valid UK work permit and I applied for a work permit dependant visa from my country of origin, which was successful and valid until my wife’s work permit expiry date. I returned back to UK after a gap of three weeks since my departure on the extended student visas. My wife got her ILR and became a British Citizen in 2014. I had to further extend my dependant work permit visas by applying on FLR (M) due to my unspent conviction of DR 10. After the conviction got spent, I applied for ILR in 2014 before my wife became a British Citizen, and was approved.

I really did not think about the 10 year period until I read a few posts on this forum, and if that applies for someone applying for citizenship as a spouse of a British citizen. I also read the section for deception on page 17 of the booklet AN which states that the application will be refused if an attempt has been made to deceive the HO within the last 10 years, but as per the letter from the HO that I received they mentioned about not being able to verify the submitted documents and did not mention that they were fraudulent documents.

What is your opinion on the above and should I go ahead with my application or wait until 2018 to meet the 10 year requirement?

Section 1.50 of the AN Form – I worked part-time (not exceeding 20 hours) during my stay as a student in the UK. Do I need to fill in the details of the employment of the period as a student in this section? The company that I worked for does not exist anymore and I really do not have any supporting documents including payslips, P60s or letters from the employer to validate this period of employment. Also I am stating the date and place of arrival in the UK (Section 2.1 of the AN form) as the date I arrived on dependant work permit visas which was with a view of staying in the UK on a long-term basis, and have included the employment details for this period with relevant documents to validate this period. Please can you advise on this.

Another question, I have got a BRP card which reads “indefinite leave to remain” and I assume submitting the card proves the requirement of “evidence of freedom from immigration time restrictions” which is on page 17 of the AN Guide. Am I correct and is that applicable to my application?

Look forward to your responses.

Many thanks

[noajthan]

You can get into the head of the caseworker who will weigh and assess your case in HO guidance here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Yes, list any/all employment in past 10 years - do not Spammy Spammer the story or suppress information to make (what you think is) a 'good' or 'clean' case.

Suggest you also read carefully the Declaration on the form that you sign to vouch for the application and all the information you submit.

Yes, BRP is proof of freedom from immigration time restrictions.

[panther80]

You can get into the head of the caseworker who will weigh and assess your case in HO guidance here:
http://www.gov.uk/government/uploads/sy ... _D_v02.pdf

I believe clause 8.4 is of relevance but the docs that were submitted could not be verified which was mentioned in the letter. It did not state that the docs were fraudulent.

Yes, list any/all employment in past 10 years - do not Spammy Spammer the story or suppress information to make (what you think is) a 'good' or 'clean' case.

It is not my intention to provide any false information. The best thing I can do is explain the non-availability of the docs in the section for further information.

Suggest you also read carefully the Declaration on the form that you sign to vouch for the application and all the information you submit.

thank you for the advice.

Yes, BRP is proof of freedom from immigration time restrictions.

Based on the 10 year period for previous immigration applications, I should wait until it elapses unless other members have anything different to say

[cs95tdg]

What is your opinion on the above and should I go ahead with my application or wait until 2018 to meet the 10 year requirement?

Purely based on what you have shared here I'd suggest waiting until you meet the Good character requirement, count 10 years from whenever your last breach in good character was.

Section 1.50 of the AN Form – I worked part-time (not exceeding 20 hours) during my stay as a student in the UK. Do I need to fill in the details of the employment of the period as a student in this section?

All employment during the last 10 years would need to be listed. So again, if you have breached the terms and conditions of your student visa any time during the last 10 years, that would be another reason why you wouldn't meet the Good character requirement.

[panther80]

What is your opinion on the above and should I go ahead with my application or wait until 2018 to meet the 10 year requirement?

Purely based on what you have shared here I'd suggest waiting until you meet the Good character requirement, count 10 years from whenever your last breach in good character was.

Section 1.50 of the AN Form – I worked part-time (not exceeding 20 hours) during my stay as a student in the UK. Do I need to fill in the details of the employment of the period as a student in this section?

All employment during the last 10 years would need to be listed. So again, if you have breached the terms and conditions of your student visa any time during the last 10 years, that would be another reason why you wouldn't meet the Good character requirement.

Thank You cs95tdg for your clear and unambiguous response. I will wait until the good character requirement is met and just hope the UKVI does not make the process anymore arduous than what it is now. Fingers crossed.