British naturalisation eligibility

[Keva]

Hi everyone,
I am new to this site and I need your advise on the following matter.

If a Eu national married to a non eu national, both have acquired permanent residence cards, applies for British naturalisation, will it affect non eu permanent residence status?

Thank you in advance for your time and consideration.
K.

[CR001]

No does not.

[Keva]

Thanks for the reply.

Can I still apply for settled status even after my spouse gets his British citizenship?

Many Thanks.

[CR001]

You have PR, why would you want settled status?

Are you not planning to apply for citizenship?

[Keva]

Thanks for the reply.

I want to apply for settled status because I got a curtailment email in past.
Allow me give you a brief about my immigration history
Came to the UK in 2011 student visa
University license revoked in 2013
Married to EU national 2014
Applied for EU family member residence permit 5 years in 2014, refused because forgot to send passports.
Received curtailment email from HO.

Secretary of states decided to curtail your leave to enter as tier 4 migrant so as to expire on 01 September 2014 under paragraph 323A(b)(i) of the immigration rule.

I reapplied in july 2014 for eu family permit 5 years and got it.

I am just afraid that it is kind of immigration breach and due to it I might get British naturalisation refusal. (Good character)

Please advice me What should I do?
If I can apply for settled status after my eu spouse gets British naturalisation or shall I go ahead with British naturalisation?

Thanks a lot for your help and time.

[CR001]

HO can't curtail PR.

The curtailment you received in the past was for valid reason to do with your tier 4 sponsor.

There is no breach based in what you have stated. Not sure why you think there is.

[Keva]

Thanks for the reply.
I am just panicking if they might ask what you were doing in the Uk when your university license was revoked in 2013.

I’m not saying that home office will curtail my permanent residence.

I am just saying that if I go ahead with British citizenship, will this curtailment letter not cause any issue?

Or if this curtailment letter is kind of immigration breach, then I have no other option to apply settled status to stay in the uk after Brexit date is approaching soon.

And in this case if I apply for settled status, as you know, my eu spouse has already applied for British citizenship, can I still go ahead for settled status or will it be refused as he will be a British citizen.

Thanks

[Doublestarxx]

As you have obtained PR your status does not depend on your spouse any more. You can apply for settled status on your own right regardless of your EU spouse becoming British. That’s if you chose to go that route rather than applying for citizenship after 12 months of your PR status.

[Keva]

Thank you very much for your clarification.

[Keva]

Dear all,

Hope everyone is staying safe.

I am hoping to apply for British Naturalisation in May 2020. However, I am afraid of going ahead with it as I believe I may have breached UK Immigration rule in the past.

Just a brief of my immigration history:

Dec 2011 first time entered in UK on Tier 4 student visa (visa sticker stamped in passport with expiry date 2014)

Jan 2013 university license revoked.

May 2014 got married in London.

June 2014 after marrying, applied for EU Family member permit (5 year), forgot to send passport, refused by Home office due to insufficient proof of ID. After one week of refusal received an email from home office regarding curtailment of student visa. It was stated somewhat like this "Home office records have shown that your university license was revoked in 2013 and you have not made another application to stay in the UK therefore Secretary of states decided to curtail your leave to enter as Tier 4 migrant so as to expire on 01 September 2014 under paragraph 323A(b)(i) of the immigration rule".

July 2014 reapplied EU Family member permit (5 year) and was granted.

May 2019 applied Permanent residence and was granted.

I am just worried that my time spent in the UK during (Jan 2013 revocation of the University license and May 2014 getting married) and receiving the curtailment letter might be a breach of immigration rule or good character.

I work in NHS and I do not have any criminal record or any caution/warning etc.

I hope you could assist me on this matter.

Thanks.

[CR001]

HO can't curtail PR.

The curtailment you received in the past was for valid reason to do with your tier 4 sponsor.

There is no breach based in what you have stated. Not sure why you think there is.

[Keva]

Thanks for your reply.

I’m hoping to apply for British Naturalisation in May.

I spoke with one solicitor regarding my situation. He said that your application for British naturalisation maybe refused by home office on the basis that during the university license revocation time till your wedding date, what was your source of income or did you work during that time? He said it does not matter that you received your curtailment letter After your wedding date.

I’m just confused.

Thanks

[CR001]

Employment is NOT mandatory for citizenship.

You are overthinking!!

[Keva]

Good morning

Thanks for your reply.

I was on a tier 4 student visa and university license was revoked in 2013 and I received the curtailment letter in 2014. Working during 2013-2014 this period classed as illegal work? Or stay/activity during this period classed illegal?

I hope you understand my frustration with this immigration complexity.

Many thanks

[CR001]

If you worked more than you were permitted to as a tier 4 student, then yes, you breached your visa conditions and this could result in a refusal.

Your student visa remained valid UNTIL your visa was curtailed. Unclear what you don't understand about this.

[Keva]

Thank you for your reply. I just wanted to clarify that we can work as allowed till we receive the curtailment letter?

Thanks.

[CR001]

Thank you for your reply. I just wanted to clarify that we can work as allowed till we receive the curtailment letter?

Thanks.

You would only be permitted to work with the restrictions your student visa had. You would not be able to work full time.

[Keva]

Hi,

Hope everyone is safe and healthy.

I just wanted to clarify few issues regarding curtailment of leave.

1. What does it mean if we receive two Different curtailment letters for the same visa. First curtailment letter posted by HO in feb 2014, which I did not receive. I got this information after I requested SAR from home office.

I applied for a different visa and I received a curtailment email for the same previous visa in July 2014 stating the your previous visa is curtailed and you have 60 days to make another application if you wish you stay in the UK.
I did apply for visa after receiving curtailment email within 60 days and successfully granted the visa and ultimately got permanent residence.

2. They issued me two curtailment letters for the same visa, I’m just confused what does it mean by uk immigration point of view? Does it mean I have breached any uk immigration law?

I thank you in advance for your time and consideration.

Many thanks
K.

[Keva]

Good morning,

This forum has helped me in all my immigration related applications and I believe someone will advise me regarding British naturalisation application.

I am hoping to apply for British naturalisation. I would need your advise on when should apply for it.

My immigration history as follows

Student visa entry 2011
University license revoked January 2013
Married to EU national June 2014
Applied for family 5 year permit July 2014 (forgot to send passport/refused)
Received email from home office regarding student visa curtailment and given 60 days to apply for visa if want to stay in Uk.
Reapplied for family 5 year permit within 60 days and application was successful.
Applied for permanent residence in 2019 and application was successful.

Just for my own record, I applied for SAR subject access record and received it. In the records, I found out that home office sent me a curtAilment letter in 2014 January, which I never received as the address they sent is wrong. And the SAR shows that they sent me curtailment email which I received. One important thing which I noticed on SAR that they increased my curtailment expiry date from January 2014 to November 2014.

Now I’m wondering when should I apply for British naturalisation? Please advise me on that.

Many thanks