Naturalisation Application

[Shatif]

Hi Everybody

I joined this forum a few years back when my husband applied for spouse visa. The forum really helped I then came back for advise and information when my husband applied for his ilr, I’m back again now as he is applying for naturalisation. We have completed the application form just a few questions that need a little bit further attention.

1- There is a question asking if Have you made any previous UK immigration applications in the UK or abroad? My husband came to this country as a student and then later applied for extension which was refused in 2010, HO sent the decision in the post but he never received it, he contacted HO for update in 2011 that’s when HO told him about the refusal, we have a letter from home office stating the documents were sent through royal mail but they are unable to track the package they also enclosed the decision letter which states the refusal. We included these letters in the spouse visa application and the Ilr application. What should we do this time and how as it’s a online application.

2- does my husband need to include the student application details also and the refusal.

3- is my husband a overstayer while he was waiting for the student extension outcome as he did not receive it until he chased his documents which home office acknowledged. If he is when did the overstay start from the time of application 2010 or 2011 when HO sent a copy of the decision.

If we was to apply for BC what are his chances of them refusing on this basis.

[CR001]

1- There is a question asking if Have you made any previous UK immigration applications in the UK or abroad? My husband came to this country as a student and then later applied for extension which was refused in 2010, HO sent the decision in the post but he never received it, he contacted HO for update in 2011 that’s when HO told him about the refusal, we have a letter from home office stating the documents were sent through royal mail but they are unable to track the package they also enclosed the decision letter which states the refusal. We included these letters in the spouse visa application and the Ilr application. What should we do this time and how as it’s a online application.

He needs to list ALL immigration applications he has made to HO. If he has any period of overstaying, there is a risk he will fail the good character requirement. Applying for a spouse visa and ILR are completely different rules and requirements to Citizenship.

2- does my husband need to include the student application details also and the refusal.

The form asks for applications made, not outcome. HO has his full details. You can add information as a cover letter if necessary.

[Shatif]

1- There is a question asking if Have you made any previous UK immigration applications in the UK or abroad? My husband came to this country as a student and then later applied for extension which was refused in 2010, HO sent the decision in the post but he never received it, he contacted HO for update in 2011 that’s when HO told him about the refusal, we have a letter from home office stating the documents were sent through royal mail but they are unable to track the package they also enclosed the decision letter which states the refusal. We included these letters in the spouse visa application and the Ilr application. What should we do this time and how as it’s a online application.

He needs to list ALL immigration applications he has made to HO. If he has any period of overstaying, there is a risk he will fail the good character requirement. Applying for a spouse visa and ILR are completely different rules and requirements to Citizenship.

2- does my husband need to include the student application details also and the refusal.

The form asks for applications made, not outcome. HO has his full details. You can add information as a cover letter if necessary.

Thankyou very much you have cleared it all up. How do I add a covering letter when it’s all online I mean the application and the documents and so on where can I add this information.

[CR001]

Simply write a letter and upload it with all the other documents.

[Shatif]

Thankyou very much for your help. The last question is do you have any additional details you would like add. What kind of stuff can I write as I feel it’s like last chance to tell HO about myself. Please share some examples if possible.

[CR001]

You can add the details there instead of a covering letter too.

It is also not a mandatory field if there is nothing complex etc you wish to add. Note the whole form is about your husband, the applicant, not you the British spouse.

[Shatif]

Thankyou yes my husbands details are on the form not mine. I’m just more worried now about the overstay and good character thing. Are there any cases where overstayer has been given BC.

[CR001]

Are there any cases where overstayer has been given BC.

Not many at all that I have seen on the forum. And of course, you lose the fee if it is refused.

[Shatif]

I have a few more questions pls can somebody help me with these,

1- if BC is refused when can I reapply
2 - if refused what will be my immigration status be
3- Can my husband leave the country to visit his parents once he has placed the application.
4- will HO take his passport and His Ilr card to process the BC application.

Thankyou in advance.

[CR001]

1. Yes, likely 10 years from date he got spouse visa.

2. ILR remains in place, nothing changes.

3. Yes

4. No. It is all submitted online,no originals are sent.

[Shatif]

What do you think we should do, should we highlight the overstay or leave it to the HO. What do you recommend should be apply and put the information in a covering note or shall we wait till 2022.

[Djsuccess]

What do you think we should do, should we highlight the overstay or leave it to the HO. What do you recommend should be apply and put the information in a covering note or shall we wait till 2022.

in my opinion, I will suggest you do not apply until 10 years from when the spouse visa application was made and approved. Not receiving the refusal letter will not be an excuse. An overstayer is an overstayer. I will suggest your husband continues on his ILR till 2022. If you want to try your luck, you can go ahead with the application but the possibility of getting it is very slim and you will lose your application fee.

[Shatif]

Can we use a fire fighter as a referee for the professional part of it.

[CR001]

Page 24 in the link below contains the list of accepted professions.

https://assets.publishing.service.gov.u ... 1.0EXT.pdf

[xavieryves]

What do you think we should do, should we highlight the overstay or leave it to the HO. What do you recommend should be apply and put the information in a covering note or shall we wait till 2022.

in my opinion, I will suggest you do not apply until 10 years from when the spouse visa application was made and approved. Not receiving the refusal letter will not be an excuse. An overstayer is an overstayer. I will suggest your husband continues on his ILR till 2022. If you want to try your luck, you can go ahead with the application but the possibility of getting it is very slim and you will lose your application fee.

I second Djsuccess. Chances of approval after an overstay of 2 years or more in the last 10 years will be minimal to zero. The overstay would have been from the date on the refusal letter until the date the next valid visa was granted. All the discretion that was exercised on subsequent visas won't be available for naturalisation. If you wish to take a risk and go ahead anyway then maybe get a Subject Access Request first to fill in some of the crucial blanks like "is my husband a overstayer?" https://www.gov.uk/government/publicati ... mmigration

[Shatif]

Thank you for your input it’s really appreciated. I was reading the refusal letter and it states leave the country as soon as possible. We was under police protection and my car was in a police compound my husband left the country as soon as he had made arrangements for my safety if I state this in a covering letter will it help. I have requested a SAR it states within 30 days so I’m gonna wait and see what that says, iv requested a detailed one hope that will answer a few questions.

[xavieryves]

I'm a little confused by the history. If he never got the refusal letter, at what point did he leave the country? After chasing it up?
Anyway, this is what the Nationality Good character requirement says about overstaying. It's also worth bearing in mind what the initial reason for refusal was as it may yet come into play for naturalisation application within 10 years. If your husband left the country within 28 days of date on refusal letter then point 1 could apply, seems unlikely since you say he wasn't even aware of the refusal letter. https://assets.publishing.service.gov.u ... idance.pdf

Non-compliance with immigration requirements
An application will normally be refused if, within the previous 10 years (before the
date of decision), the person has not complied with immigration requirements,
including having:
• failed to comply with (breached) conditions imposed under the Immigration
Acts, for example:
o accessed public funds when prohibited from doing so
o worked in the UK without permission to do so
o studied in the UK in contravention of any restrictions on studying
o failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of
section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying

Overstaying
Prior to 24 November 2016, migrants were permitted a grace period of 28 days after
the expiry of any leave during which they could make a further application to renew
their leave without being penalised as an overstayer.
Changes to the Immigration Rules on 24 November 2016 abolished this 28-day
grace period, and now provide for current overstaying to be disregarded only in a
very limited number of scenarios. Otherwise it is a ground for refusal. For further
information see applications from overstayers.
Where a person overstayed at some point in the 10 years prior to an application for
citizenship, discretion to overlook this breach will normally only be considered if it is
the sole adverse factor weighing against the person’s good character; and
• the person’s application for leave to remain was made before 24 November
2016 and within 28 days of the expiry of their previous leave, or
• the person’s application for leave to remain was made on or after 24
November 2016, and the application did not fall for refusal on the grounds of
overstaying because an exception under paragraph 39E of the Immigration
Rules applied, or
• the period without leave was not the fault of the applicant, for example where
it arose from a Home Office decision to refuse which is subsequently
withdrawn or quashed or which the courts have required the Home Office to
reconsider.

[smallpie]

Thankyou yes my husbands details are on the form not mine. I’m just more worried now about the overstay and good character thing. Are there any cases where overstayer has been given BC.

@ shatif, Yes I can tell that of my situation, and I got approved, after overstaying for almost a year and half.