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HSMP JUDICIAL REVIEW TIME SPENT OUTSIDE UK for Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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saqibmalik1
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HSMP JUDICIAL REVIEW TIME SPENT OUTSIDE UK for Citizenship

Post by saqibmalik1 » Tue Mar 13, 2012 7:09 pm

Hello, Is there anybody who was covered by HSMP Judicial Review and he/she applied for Citizenship and got application refused do to excess time outside UK? I have been refused. I wish to go for Judicial Review. Any body with same circumstances? we can do it collectively. 07432130331
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Pirania
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Post by Pirania » Wed Mar 14, 2012 5:09 pm

Omg!
I've just sent my application today. Hope for the positive reply.
How many days you've spent outside? Do you own or rent your property? How big is your family?
Good luck to your further actions!!!!
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saqibmalik1
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Post by saqibmalik1 » Thu Mar 15, 2012 2:36 pm

I have 3 kids one in Brit. by birth, and a spouse. I rent the flat. The question is are they counting the time towrds citizen qualifying time or not?. They did counted it when they gave ILR. I did ask them their policy on the issue before applying for citizenship. They said they dont had any current policy but were reviewing their position. They acknowledged that they have received lots of representaions on the above subject. I wish you best of luck. In refusal letter they told me that they were not of the view that the subject time should be counted in citizenship application as well. I have talked to different experts and they are of the view if we go for Judicial review there are fair chances of succes. Proper JR is quiet expensive process.
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vinny
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Post by vinny » Fri Mar 16, 2012 5:05 pm

saqibmalik1 wrote:Hi everybody>
My wife is on spouse visa and is due ILR in January 2013. I am a Uk settled person (Have ILR), we have 3 kids one of which is UK citizen by birth. My question is Can my wife apply for citizenship in Jan 2014 ( I will not be a Brit. at that time) . I will qualify for citizenship in Dec.2014 can she apply for citizenship at that time with me? If no, then can she apply for citizenship immidiately after my citizenship?
Thanks for your help
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Jambo
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Post by Jambo » Fri Mar 16, 2012 5:58 pm

See Q1 & Q2 in FAQ - most common questions.
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saqibmalik1
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Post by saqibmalik1 » Fri Mar 16, 2012 8:24 pm

THANKS
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saqibmalik1
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Post by saqibmalik1 » Fri Mar 16, 2012 8:39 pm

Thanks Jambo, It means
My wife can only apply after my Citizenship Ceremony and thus we need to apply separately. Please correct me if I am wrong.
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osteophytes
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Post by osteophytes » Sat Mar 17, 2012 12:43 am

vinny wrote:
saqibmalik1 wrote:Hi everybody>
My wife is on spouse visa and is due ILR in January 2013. I am a Uk settled person (Have ILR), we have 3 kids one of which is UK citizen by birth. My question is Can my wife apply for citizenship in Jan 2014 ( I will not be a Brit. at that time) . I will qualify for citizenship in Dec.2014 can she apply for citizenship at that time with me? If no, then can she apply for citizenship immidiately after my citizenship?
Thanks for your help
So the OP applied 20 months sooner and was refused? What is the basis for JR?
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saqibmalik1
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Post by saqibmalik1 » Sat Mar 17, 2012 12:57 pm

I was covered by HSMP Judicial Review and my excess absences were counted towrads ILR qualifying period. I thought the Home Office will count this period towards my Nationality application as well, but they did not. My point is that if this absence was due to "unlawful changes introduced by Home office" ( as declared by High Court) they sould also count it towards my citizenship application.
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Jambo
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Post by Jambo » Sat Mar 17, 2012 1:01 pm

See Application for naturalization (after getting ILR under HSMP. which includes a link to the HO position on this issue.
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saqibmalik1
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Post by saqibmalik1 » Sun Mar 18, 2012 10:03 am

I also made the same FOI request to the UKBA through a famous website and got the exactly same response. Do you think this letter clearly says about their policy? I also got encouraged to apply after receipt of this letter. The letter sayss they do not have any Current Policy. Then why they are refusing people on these grounds. These cases are rare and are result of Home Office's unlawaful changes. Why dont they excersise the discrition? They can discount more than 900 days absences as well.
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