A section for posts relating to applications for Naturalisation or Registration as a British Citizen.
Naturalisation
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babak134
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by babak134 » Fri Jan 24, 2020 7:26 pm
hi , i recieved Non EEA family member permanent residence after appeal allowed in upper tribunal. Reason for refusel was HO alleged some docs were false.( My wife documents who were excercising treaty rights and my application was on retained rights after 5 years) . Home office could not prove in court and it was just thier 'opinion' that documents were false because of their very bad quality. I appealed thier decision. and won in upper tribunal. now i want to apply for citizenship based on my PR which i had over two years. I want to ask would they refuse my citizenship application on the basis that they alleged me for false documents in past and I had to win through court. Do I need to mention and explain this point in my citizenship application.
Other thing is i recieved fine letter from council for putting rubbish on road. I am m not sure what year may be couple of years ago. should i declare this Envirmentel fine which unfortunatly completely disappear from my memory. Is there any way i can find out when it was happened. i lost the letter for this fine...
Thank you for your help.
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Amber
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by Amber » Fri Jan 24, 2020 9:31 pm
I’m afraid the Home Office may still decide that you have used deception in a previous application and refuse your application until 10 years has lapsed. You may have a good case for Judicial Review if the Judge actually commented on the documents the Home Office alleged were false. Or the Home Office could now decide the documents were in fact not false. Given the ethos at the Home Office, I’d be more willing to say the former.
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London22
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by London22 » Fri Jan 24, 2020 11:30 pm
babak134 wrote: ↑Fri Jan 24, 2020 7:26 pm
hi , i recieved Non EEA family member permanent residence after appeal allowed in upper tribunal. Reason for refusel was HO alleged some docs were false.( My wife documents who were excercising treaty rights and my application was on retained rights after 5 years) . Home office could not prove in court and it was just thier 'opinion' that documents were false because of their very bad quality. I appealed thier decision. and won in upper tribunal. now i want to apply for citizenship based on my PR which i had over two years. I want to ask would they refuse my citizenship application on the basis that they alleged me for false documents in past and I had to win through court. Do I need to mention and explain this point in my citizenship application.
Other thing is i recieved fine letter from council for putting rubbish on road. I am m not sure what year may be couple of years ago. should i declare this Envirmentel fine which unfortunatly completely disappear from my memory. Is there any way i can find out when it was happened. i lost the letter for this fine...
Thank you for your help.
I don't think HO will refuse you.As you already have PR ,HO is more likely to grant you citizenship.Your docs were not proven fake in court hence HO,s assumption was probably personal from its representative & in citizenship application you will have a new caseworker who will be aware that court has cleared you already hence your chances will increase.However on the other hand if they refuse you on fake docs.they will be in big trouble if you take judicial review .Good luck.
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babak134
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by babak134 » Sat Jan 25, 2020 10:58 am
PR comes under EEA rules and I was not refused under uk immigration rules like Paragraph 322 (1A) or something like that. Does still i have ban on me.? I have a negative point that i had to go through courts to win PR. But still can HO allege me for dishonesty in past altough documents were from 3rd party and HO did not prove it was just assertation in refusel letter from HO. ?
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London22
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by London22 » Sat Jan 25, 2020 11:23 am
Winning a case from court doesn't mean at all that it has a negative side.HO is known fro refusing leave for political gains so it is nothing new as they accuse many people &often get rebuked by judges for making silly assumptions.Your case looks simple & clear for grant of citizenship.You better must not mention about this case.Apply ,if granted which is likely,it is fine and if not which is less likely ask for reconsideration & if refused bring judicial review where you would have more chances.Gooluck.