A section for posts relating to applications for Naturalisation or Registration as a British Citizen.
Naturalisation
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Saadjaved0071
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by Saadjaved0071 » Wed Apr 08, 2020 10:02 pm
Hi. Hope everyone is staying safe and healthy. I have a question about my citizenship application. So be prepared to see a lot of dates in the following paragraph. I’ll be very thankful for any help.
I came to UK on a student visa which expired 30/10/2014. I stayed as advised by my previous lawyer as I was getting married on 10/11/2014. I then applied on 04/12/2014 for EEA spouse visa. I am still happily married with my (Polish) wife. Does the overstay in this case mean a rejection for naturalisation? I was granted 5 year residence permit as a spouse of an EEA citizen In April 2015. And applied for EEA settlement scheme and was granted settled status 28.04.2019.
So to make it easier my student visa expired on 30.10.14. I got married on 10.11.14. I applied for EEA spouse visa on 04.12.14. I was granted EEA family residence permit in 04.15. I was granted settled status on 28.04.2019.
Does this overstay effect my citizenship application. And will it mean permanent rejection or can I apply after 10 years.
Thank you very much.
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zimba
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by zimba » Thu Apr 09, 2020 2:48 am
Yes it would.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Saadjaved0071
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by Saadjaved0071 » Thu Apr 09, 2020 6:31 am
Thank you for replying. Shall I wait for 10 years before applying then?
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London22
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by London22 » Thu Apr 09, 2020 10:42 am
Saadjaved0071 wrote: ↑Wed Apr 08, 2020 10:02 pm
Hi. Hope everyone is staying safe and healthy. I have a question about my citizenship application. So be prepared to see a lot of dates in the following paragraph. I’ll be very thankful for any help.
I came to UK on a student visa which expired 30/10/2014. I stayed as advised by my previous lawyer as I was getting married on 10/11/2014. I then applied on 04/12/2014 for EEA spouse visa. I am still happily married with my (Polish) wife. Does the overstay in this case mean a rejection for naturalisation? I was granted 5 year residence permit as a spouse of an EEA citizen In April 2015. And applied for EEA settlement scheme and was granted settled status 28.04.2019.
So to make it easier my student visa expired on 30.10.14. I got married on 10.11.14. I applied for EEA spouse visa on 04.12.14. I was granted EEA family residence permit in 04.15. I was granted settled status on 28.04.2019.
Does this overstay effect my citizenship application. And will it mean permanent rejection or can I apply after 10 years.
Thank you very much.
You should apply &I think will get citizenship .Home office guidance clearly states if Overstaying is the only worst factor in the good character test then it can be ignored &discretion should be applied .In your case you haven't overstayed for illegal work but for marriage hence an option of applying discretion is wide.
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Djsuccess
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by Djsuccess » Thu Apr 09, 2020 10:58 am
Saadjaved0071 wrote: ↑Thu Apr 09, 2020 6:31 am
Thank you for replying. Shall I wait for 10 years before applying then?
You probably have to wait til 12/2024 or 04/2025 before applying
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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Saadjaved0071
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by Saadjaved0071 » Thu Apr 09, 2020 6:21 pm
Thanks for replying everyone. It’s unfortunate because my lawyer at the time misguided me. He told me that as long as I’m getting married to EU citizen who is practicing her treaty rights that is a good enough reason to over stay. Do you think 10 years is from the time I made the application or when I was granted the visa?
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CR001
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by CR001 » Thu Apr 09, 2020 6:21 pm
10 years from date of marriage to an EU citizen.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Saadjaved0071
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by Saadjaved0071 » Tue Jun 30, 2020 12:54 am
Hi everyone. I received a driving ban 4 years ago for speeding. Never done again. Never did before. Will it effect my citizenship application? Thank you.
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zimba
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by zimba » Tue Jun 30, 2020 3:18 pm
Saadjaved0071 wrote: ↑Tue Jun 30, 2020 12:54 am
Hi everyone. I received a driving ban 4 years ago for speeding. Never done again. Never did before. Will it effect my citizenship application? Thank you.
No effect as you will not be to apply for naturalisation until 2024
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Saadjaved0071
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by Saadjaved0071 » Tue Jun 30, 2020 6:18 pm
Thank you so much. Just out of curiosity it would’ve effected if the ban was recent? Apologies if the question is irrelevant.
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zimba
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by zimba » Wed Jul 01, 2020 12:54 am
Saadjaved0071 wrote: ↑Tue Jun 30, 2020 6:18 pm
Thank you so much. Just out of curiosity it would’ve effected if the ban was recent? Apologies if the question is irrelevant.
Yes it could have
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Saadjaved0071
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by Saadjaved0071 » Wed Jul 01, 2020 10:47 pm
Thank you very much.